Published in Cavan, county Cavan
July 2 1847
In Ireland the University is likely to prove the scene of an animated contest. Dr. M'CULLAGH's address has appeared in the papers. He claims the votes of the member son the grounds that he has graduated at Trinity, and on the score of his literary acquirements. Thus he leaves the electors to infer that Mr. SHAW is as deficient in the latter qualifications as he notoriously is in the former one, for the Recorder is an Oxonian. The Packet announces that Dr. GIFFORD, the editor of the Standard, will also start. "Of Dr. GIFFORD's principles," says the Packet, "it is needless to speak. They are those which made EDMUND BURKE, in the maturity of his life, the terror of revolutionists." If Dr. GIFFORD's principles be, indeed, as liberal as the immortal BURKE's, we would not give much for his chance of representing the University.
The Boyle Gazette states that Mr. King TENNISON intends to oppose Mr. GODLEY in Leitrim, and that his success is certain. We cannot think it. Mr. GODLEY has claims on the constituents which Mr. TENNISON cannot pretend to.
Mr. R. JAMES TENANT--who, according to an anonymous correspondent of the Post, was to start for Cavan--stands, if we may credit the Ulster Gazette, for Belfast.
The Young Irelanders have come to a resolution not to support Mr. John O'CONNELL for Dublin. They object to him not only because he is "a fat young gentleman of thirty- five," but because (we quote the language of their published resolution) "an Irish representative who professes Repeal principles, yet assists the British Government to rule this kingdom in the only way they have ever ruled it, viz. by corruption, is an anti-Repealer of the most dangerous and insidious kind."
FEVER IN KILLISHANDRA Nothing can be more disgraceful than the treatment, or rather the non-treatment of fever in Killishandra, during the last month. In the neighbourhood of that town, and in the town itself, poor stricken victims are to be seen lying in its lanes, in the ditches, on the very street, with no bed but the hard earth--no covering but the sky.
A gentleman who had occasion to visit Killishandra on Tuesday last, has mentioned to us some scenes which he then witnessed. They are too shocking for publicity, were it not that so barbarous a disregard of every feeling of decency and humanity calls for exposure.
Inside the arch of the market-house our informant saw a woman and two children lying in fever. They were lying on the hard ground. The woman had a wisp of hay under her head. They had been there for some days.
Opposite Finaly's Hotel, two other poor wretches were lying on the site of a house that had been pulled down. They were within a yard of the pathway, and exposed to the view of the passers by.
At the back of the street a boy in fever had been lying for nine days and nights under a currant bush, exposed to the rains of last week, and the broiling sun of this. Strange to say, he was still alive.
These are only a few specimens of many similar cases which have occurred during the past month. Our informant, greatly shocked at what he had seen, made enquiries from the police, and from a respectable physician living in the town, and was told that the relief committee had at first attempted to erect temporary fever sheds, and establish a board of health, but that the inhabitants met their proposals with the most determined opposition saying that they would pull down every shed that was built for such a purpose. They were afraid they said of contagion, and therefore in their brutish ignorance they have adopted a de-nothing course which has increased tenfold the evil they dreaded. Fever abounds in the town and neighbourhood of Killeshandra.
CAVAN QUARTER SESSION
The Quarter Sessions began in this town on Monday last. The criminal business was unusually heavy, there being upwards of a hundred numbers on the crown book. The cases were of trifling importance, chiefly petty larcenies of which the great majority were committed before the temorary relief act came into play. The Civil business is also heavy, but the assistant barrister means to finish the sessions at Bailieboro' and Bally- connell before he disposes of the processes in Cavan. He left this town on Tuesday last for Bailieboro' and returns to try Civil Bills here on the 7th inst.
BAILIEBORO QUARTER SESSIONS
(From our own Correspondent)
The sessions are going on here. There was a good attendance. Magistrates on the criminal day--I noticed Dean ADAMS, the Rev. F. FITZPATRICK, Mr. DIXON, Mr. C. ADAMS, Mr. WILCOCKS, &c., on the bench. That of the cases on the crown book, which was heavy,was petty larcenies arising out of the distress of the county. About forty freeholders on the conservative side were registered during the day. As most of them were registered after the hour announced in the printed bills. Mr. FORD, the son of the celebrated attorney of that name, rose late in the day to enter his protest against the whole proceeding, when the following dialogue between Mr. FORD and Mr. MURPHY, the Assistant Barrister, took place:--
The Assistant Barrister--On whose part do you appear?
Mr. Ford--On the part of a large body of freeholders of the county,
Barrister--That is rather vague (laughter).
Mr. Ford--I appear also on the part of a public body.
Mr. Ford--The repeal association (laughter).
Barrister--What is your ground of objection?
Mr. Ford--I object that the court has not the power to open the registry again after the list has been read over three times. It is contrary to the act.
Barrister--The clause of the act to which you refer is directory; not mandatory. It has always been my practice to consult the convenience of freeholders coming from a distance. I will hear any objection you may have to make against any of the voters I have admitted.
Mr. Ford--My objection is to the whole proceedings.
Barrister--It is a groundless objection.
Mr. Ford--Your worship will have no objection to take a note of my protest.
Barrister--It would be useless. There is no tribunal to refer it to, except, indeed, in the event of a contest when the beaten candidate might wish your point before a committee of the House of Commons (laughter),
The calendar was very heavy, as will appear from the following synopsis--viz., 39 voters registered, 96 crown numbers, 1400 civil bill entries, 2 replevins, and 1 legacy ditto.
The following convictions took place and were ruled as follows:--
Michael FEE, a small boy, also pleaded guilty to an indictment which charged him having at Candlecreeny on the 26th of May last, stolen a pistol from John WRIGHT.--To be imprisoned one month.
The Barrister desired Mr. GALLOGLY to have the prisoner sent to school whilst he remained in his charge.
John M'ETEE, found guilty of larceny, was sentenced to one month's imprisonment at hard labour.
Pat CONNELLY, found guilty of having a linen sack in his possession, well knowing the same to have been stolen.-- To be imprisoned for three months at hard labour.
Pat M'GOVERN and John CORBET, found guilty of the larceny of an iron pot and an anvil, the property of Thomas LORAGHAN, of Bailieboro' on the 20th of May last--To be imprisoned for six months each at hard labour.
Patrick BRANNON pleaded guilty of having on the 4th of May last stolen 30s. in silver out of the till of his master, Mr. PARR, of Bailieboro' publican.
Thomas MARTIN, another little boy, pleaded guilty to having stolen a horse's martingal from Mr. Thomas FITZGERALD of Cootehill, on the 11th June.--To be imprisoned for one month at hard labour.
John CRAWFORD and John WELDON were found guilty of a burglary on the house of James COFFEY. The prosecutor and his wife derserve great praise for the very courageous and gallant defence which they made against the attack of the prisoners, and others who assisted them, by which they defeated the object of the burglars. The wife as successfully defended the entrance through the back window with a pitchfork, as did the husband the entrance of the party by the door, with a hatchet.-- The prisoners were sentenced to ten years' transportation each.
James FENNELL was found guilty of stealing two heiffers.--The prisoner was sentenced to 10 years' transporation. The Barrister stated when passing sentence, that he was determined to visit offences of this description with the severest punishment, as they were increasing very much.
John CORRIGAN, a young lad, stood indicted for having stolen a goat, the property of John HICKEY, at Dromud, on the 17th of May last. Mr. Benjamin ARMSTRONG, local crown solicitor, made application to have the prisoner given in charge and acquitted, as he ascertained that he could not suuport the indictment by legal evidence. The prisoner, however, on being arraigned, pleaded guilty. The court required the gaoler to request him to withdraw the plea of guilty, and plead not guilty. He, however, persisted in his former plea. The jury, notwithstanding, acquitted him, and when informed by Mr. GALLOGLY that the jury did not believe that he was guilty, the prisoner said--"Well, then I know better than them, that I am guilty."
HYDROPHOBIA IN KILLESHANDRA
(From a Corresondent)
Killeshandra, June 28.
The inhabitants of this town have been lately terrified from occurrences that have taken place in consequence of dogs being allowed to range about without logs or muzzles; and even now, ere the Dog Days have arrived. Several accidents have occured that but for the intervention of Providence would have ended in the dreadful results. On Friday morning last, about three o'clock, Captain CULLEN's servant, named COOPER, heard a noise in Mr. VEITCH's yard, next door; thinking it was caused by some person who had gone in to steal the fowl, as his master's had been stolen previously, he got into the yard, and to his astonishment saw a large dog following the fowl, biting and snapping at them. Immediately on seeing him, the animal quit his pursuit of the fowl, and made a charge at COOPER, who repelled him by pushing his arm against the dog's breast. The infuriated animal made a second charge, when the servant, who is an active man, and had been in the police, succeeded in getting inside the yard-door, and just as he was in the act of closing it, the dog made snap at him, but being disappointed, returned to run foul of the cocks and hens. In the meantime, COOPER awoke Mr. VEITCH, who put his gun in requisition, and the dog , which was evidently mad, and did not belong to any person in the town, was ultimately shot, fortunately without doing further injury than killing some of the fowl--Mr. WILSON, of Tonnyloy, was obliged to shoot two cows that had been bit in like manner, and I hear that some of the family are under cure, having drank the hydrophobia as caused them to be killed. A few of the inhabitants, who deserve the greatest praise, have shot several dogs which were found at large; but there have been no other steps taken to check the growth of such a nuisance. For several years past the number of dogs in the country has been periodically complained of; but this year, when not long since we have heard of dogs haunting church-yards to devour the carcases of human beings, and when in many cases they are obliged, from the scarcity of provisions, to quit the homes of their distressed owners, it is by on account of their wanderings, and that they are more subject to the disease of hydrophobia. In few words it comes to this--every man who has a dog that he values should keep it locked up during the next two months at least, and the police should get express orders to shoot every dog found at large in the towns and villages.
(Since the foregoing communication was receivesd, we have heard that four cases of hydrophobia have been taken into the County Infirmary during the last week, and are under treatment--ED. A.-C.)
THE IRISH COUNCIL
There was a meeting of this body on Tuesday, in the Rotundo, at three o'clock. On the motion of Sir Colman O'LOGHLEN, the chair was taken by the High Sheriff of the Queen's County.
The Chairman congratulated the Council on the progress it had made in public estimation, nothwithstanding the opposition a portion of the press had offered it. The Council might not be able to do all the good it intended; but he believed it would effect much benefit for the country, and establish kindlier feeling among all classes.
Mr. J. H. LECKIE rose to move for the appointment of a sub- committee to report on Irish fisheries, and entered into a detail of what had been done or suggssted from the earliest period to turn them to advantage, and concluded by moving for the nomination of the committee.
Mr. Charles WEBBER, barrister, seconded the motion, and strongly enforced the necessity and advantage of promoting the deep sea and other fisheries. He thought this could only be done by joint companies, and that it would not be desirable to obtain government aid, even if it could be obtained.
OPENING OF THE MIDLAND GREAT WESTERN RAILWAY (The Mullingar Line)--On Monday the above line of railway was opened for public traffic as far as Enfield. The first engine that started was the Dunsandle and altogether four trains left the terminus at Broadstone during the day. The carriages, particularly the first and second class, are got up in a very superiod style. In some of the first class carriages there are beds fitted up, some- thing after the fashion of berths in steam packets, and there are other carriages for the exclusive use of ladies when they travel alone, and do not wish to enter mixed trains...
On the 29th ultimo, in Cavan, the lady of William LESLIE, Esq., of a son. June 22, in Belgrave-sq., her Grace the Duchess of Montrose, of a son and heir. June 25, at Knockrath, county Meath, the lady of Thos. BATTERSBY, Esq., of a daughter.
June 28, at Kilkenny, of a protracted illness, Mary Anne, wife of Mr. Joseph WRIGHT.
June 24, at Castleconnell, Michael H. HEAD, late of Derry Castle, Tipperary, Esq.
June 24, at Parkstone Lodge, Dorset, the Hon. Mrs. Wm. DAWSON DAMER.
MR. O'CONNELL'S FUNERAL--On Tuesday morning last, 22d instant, Mr. Mathias O'KELLY, member of the committee of the Glasnevin or Prospect Cemetery, left Kingstown for Genoa, where the steamer is expected to arrive from Southampton, to convey the motal remains of O'CONNELL to their last resting place. It is expected that Mr. KELLY will arrive there about the same time that the Rev. Dr. MILEY, and Mr. Daniel O'CONNEL, jun., will be there from Rome, or about the 1st of July; and as the vssel is to remain waiting for five days at Genoa, all may be expected back to Ireland about the middle of the month; or if they stop any time on land, about the third week in July. The proprietors of the vessel have acted in the most generous manner on this occasion.-- Tablet
About a year ago a cargo of five hundred broom-sticks arrived at Liverpool from a port in Germany, and, not being claimed by the consignee, they conveyed to the Queen's warehouse attached to the Custom-house. Last week one of the sticks was accidentally broken, when, lo! it was found to be partly hollow, and to contain a considerable quantity of manufactured tobacco. The top of each hole had been perforated, the tobacco pressed in and secured with a peg, which, smoothed over, gave all the appearance of solidity.
July 9, 1847
BAILIEBORO' SESSIONS--Thursday, July 1.
The Ejectments were proceeded with at 12 o'clock this day, there were 69 cases entered.
George WALLER VESEY v. Phillip BONES
Mr. WILLIAMSON, for the plaintiff, stated that this was ejectment for part of the lands of Moyboluge, on expiration of demise. The lease was made by the Rev. George VESEY, deceased, to the defendant, on 5th of October, 1827, and had expired on the 1st of May last.
Michael CLARKE proved service of ejectment and demand of possession from the defendant on the 27th of May.
Mr. DICKSON, the agent of the Plaintiff, proved execution of lease and payment of rent.
Mr. M'GAURAN stated he appeared for the defendant in this and several other cases, where to the number of thirty families were sought to be driven from their farms in this season of destitution and distress. He had a short defence to submit to his worship but a good and substantial one both in law and equity, namely, that by the acts of the plaintiff and his agents a new tenancy was created subsequent to the expiration of the demise on the 1st of May last. The Plaintiff in spring last went upon the lands met all the tenants and encouraged them in every way to put good crops in their several farms and promised them they should not be disturbed; that of itself, would not perhaps be a legal defence, but it was followed by other acts which could leave no doubt on the subject. On the 4th of May, and frequently after, one WEIR, who acted as steward and agriculturalist for the plaintiff, had been upon the farms of defendant and the other tenants, had instructed them as to the best manner of putting in turnip seed and other green crops, and had actually given printed orders signed by him to them for seeds, which they got from Mr. CLARKE of Bailieborough sowed under the direction of WEIR. The defendant in this case had five acres of excellent oats, independent of his other crops, all of which he was induced to sow by the promises of plaintiff and the agriculturist WEIR, but of which the plaintiff now (contrary to every feeling of honour and principle of fair dealing) sought to deprive him. He (Mr. M'GAURAN) could prove these facts fully, and was convinced his worship would feel delight in doing what he has ever done since he came to this county, and protect the poor man and give him the benefit of his toil and industry.
The above facts were then fully proved in each case, and the barrister said that if any faith could be placed in the dealings of man and man, it must be presumed that when these poor people were encouraged and indeed assisted by a person, who must be considered for that purpose, as the agent of the plaintiff to till their farms and put in crops subsequent to the expiration of the leases, that a new tenancy was thereby created and it would be both unjust and cruel to deprive them of the benefit of the crops which they had laboured to produce. He would therefore, on these grounds, dismiss the ejectment.
THE IRISH PAUPERS AND THE FEVER--There is no material diminution in the number of paupers arriving from Ireland. On Monday the number was 324; Tuesday, 2062; Wednesday, 840. Up to Wednesday the number of fever cases in the town was 217; in the hospitals, 1407; requiring removal to the hospitals, 1834. It is expected that by the new poor-law removal bill, the evil under which the town now suffers may be a great extent removed. By that act every person coming here for relief, and having such relief granted to him, can be taken before a magistrate, who will sign an order for immediate removal to his own country.-- Liverpool Mercury
THE IRISH FISHERIES--Colonel JONES, the Chairman of the B Board of Public Works, arrived in Galway, on Friday night from Limerick, upon his tour of inspection relative to the promotion of the Irish Fisheries.--Galway Vindicator
At Kildare-place, Dublin, the lady of Judge CRAMPTON, of a son and heir.
June 30, at Bath, W. G. VILLIERS VILLIERS, Esq., son of the late G. W. VILLIERS, Esq., to Nora Frances SHERIDAN POWER, daughter of the late Tyrone POWER, Esq.
June 29th, at St. George's Church, Hanover-square, London, Edward SAUNDERS, Esq., 2nd Dragoon Guards, youngest son of Richard SAUNDERS, Esq. of Largey, county of Cavan, to Caroline, second daughter of John WELDALE KNOLLEYS, Esq., of Reading, Berks.
July 1, by the Rev. J. DALY, Thomas TIERNAN, Esq., Rathkenny, co Meath, to Anna Maria, eldest daughter of Anthony KIERNAN, Esq. of Legga House, same county.
July 2, At Waterford, of fever, caught in the discharge of his professional duties, John PRICE, Esq., M.D.
July 16, 1847
(Before Chief Justice BLACKBURNE)
In this court there were five records entered for trial, three of which were withdrawn.
The case of REILLY v. REILLY, was the first tried.
This was an action of ejectment brought by plaintiff to obtain possession, grounded on the validity of the will of the late Owen REILLY, of Kingscourt, tanner, made in favour of his brother, Dr. O'REILLY of Ballbriggan, the plaintiff, which was disputed by another brother, Terence O'REILLY, the defendant. The property is situate in the neighbourhood of Kingscourt. Verdict for plaintiff with costs.
The other record was DICKSON v. KIERNAN.
It was an action for the recovery of £60, the price of meal sold and delivered to defendant. The defendant endeavoured to prove that he had forwarded three cheques, of £20 each, on the Belfast bank, to plaintiff, who did not credit him with the amount. Verdict for plaintiff, for the whole sum claimed, with costs.
There were 26 appeals from the barrister's court; 18 of which were affirmed, and 8 reversed--the majority on additional evidence, without costs
John SORAN was charged with having been one of a party who attacked the house of James STEPHENSON, on 21st of December last.
James STEPHENSON deposed that he resided at Clontempler, county Longford, in December, and was the steward over twenty-six men on the public works; on the 21st of December a party of men came to his house, and three entered it, one of whom was the prisoner; he asked for arms, but witness said that he had none; the party then broke open a press cupboard, but took nothing away; one of the party who accompanied prisoner took 3s. 6d. out of witness's pocket; the party then went away, but when they went outside of the house, one of them, named BRADY, fired a shot at witness, and wounded him in the breast with slugs.
Other witnesses having been examined for the prosecution, an alibi was attempted to be proved for the defendant, but the jury returned a verdict of guilty, and the prisoner was sentenced to be transported for fifteen years.
Owen CUNNION was next convicted of having been one of the armed party who entered the house of Owen M'WADE, of Derawly, assaulted the inmates, broke the windows, and carried away a gun, on the 31st of January; he was sentenced to fourteen years' transportation.
Thomas POWELL and Henry PRICE, two privates of the 41st regiment, were found guilty of having stolen from the Widow FLANAGAN, of Ballymahon, on the night of the 6th of May last, the sum of 50£. They were sentenced to be transported for seven years.
Patrick RHATTIGAN pleaded guilty to having stolen two cows, on the 24th of May last, the property of James REILLY, county Roscommon, and was sentenced to seven years' transportation.
Thomas LORAGHAN, James CANNAVAN, and James FLYNN were charged with having entered the house of Terence FLYNN, on the 16th of April 1847, and feloniously carried away four barrels of oats, two cwt. of oatmeal, and 2l. Guilty. To be transported for fourteen years.
Patrick GILCREEST, Patrick KELLY, Peter HART, and Mathew HYNDS were convicted of having been of an armed party who robbed the house of John O'BRIEN, of Cloncaugh, of a quantity of meal on the 13th April. The prisoners were sentenced to transportation for seven years.
Thomas RORKE, Patrick MURTAGH, James M'NALLY, Thomas M'GARRY, and John RORKE were indicted for entering the house of Thomas GILMORE, at Glenmore, and taking away 16s. in silver, 200 eggs, and two ounces of tobacco, and also for assaulting Michael GILMORE and his wife on the 6th of May. The jury returned a verdict of guilty, and Thomas RORKE and John RORKE were sentenced to be transported for seven years; James M'NALLY to be imprisoned for four months; Patrick MURTAGH, twelve months; and Thomas M'GARRY, six months
(Within One Mile of Killeshandra)
R. D. ALLEN, A.B., MASTER
At Examination held on the 16th and 17th of June, the following young gentlemen obtained the number of Premiums annexed to their respective names. The subjects of examination were--the Greek and Latin Classics, as read for entrance into T.C.D., Algebraic Geometry, Plane and Spherical Trigonometry, Six Books of Euclid, Algebra, including the Theory of Equations, the use of the Globes and the several branches of the English department.
1st rank Premiums--
MARTIN, J.C., 4;
MARTIN, R. L., 5;
ROTHERAM, M., 2;
ROTHERAM, A., 3;
FINLAY, R. 5;
DENNIS, J., 2;
FINLAY, G.., 2;
GRANT, J., 1;
CUNNINGHAM, H. 1
GRANT, G., 1
MARTIN, F., 2;
2nd rank Premiums--
MARTIN, J.C., 1;
MARTIN, R. L., 1;
ROTHERAM, M., 1;
ROTHERAM, A., 1;
FINLAY R., 4;
DENNIS, J., 1;
FINLAY, G.. H., 4;
GRANT, J., 1;
CUNNINGHAM, W, 1;
CUNNINGHAM, H., 2;
DENNIS, C, 3;
GRANT, G., 3;
MARTIN, F., 2;
Croghan-House School, which is beautifully and healthfully situated, is in the strictest sense select, none being admitted but Pupils of known respectability. In proof of the efficiency with which education is conducted here, it may be sufficient to mention that Mr. FINLAY and Mr. AUCHENLECK, the only Pupils educated at this school, who were in at the late Term Examination in Trinity College, obtained First Honors in Science, the fifth successive First-Honor on the part of the former, the second on that of the latter. These young gentlemen also got high places at entrance.
Vacation will end on the 8th of August.
July 7, 1847
CROWN COURT -- Saturday, July 10
(Before Mr. Justice TORRENS)
Judge TORRENS entered the Court to-day at three o'clock, and immediately opened it with the usual formalities.
The Grand Jury were then called, and having severally answered to their names, were sworn. We understand that the High Sheriff deferred swearing in this jury for the fiscal business yesterday until ten o'clock, expecting the arrival of Mr. YOUNG, M.P., for the county, who was foreman of the Grand Jury at the spring assizes, to take part in the proceedings. Mr. YOUNG, however, did not arrive in Cavan until four o'clock this day.
The Jury having been sworn, his Lordship addressed them as follows:
"Gentlemen of the Grand Jury--I have to address you upon the state of the calendar. There are very few offences, and all of them of an ordinary nature, requiring no comment from me, with the exception of one, upon which a petty jury could not agree at the last assizes, but with which you have nothing to do. There is another subject upon which I will make a few remarks, namely, the postponement of the assizes. The Judges apprehended that danger would arise from the crowded state of the gaols, and from the concourse of persons that would be congregated together in the various assizes towns as wtnesses, and individuals seeking for compensation for damages sustained under the Labour-rate act......
His Lordship then informed the Grand Jury that the bills of indictment would be laid before them immediately, and announced to petty jurors that they would not be required until Monday.
His Lordship fixed Tuesday for the trial of the men charged with the murder of BURNS.
The prisoners were soon after arraigned, when Laurence KERR and Michael KERR, his son, pleaded guilty to the charge of having two mares in their possession, which were stolen from James SHEERAN. His Lordship sentenced Laurence KERR, the father, to 7 years' transportation, and ordered Michal (sic) KERR to be sent to Dunshaughlin workhouse, there to be kept at school.
Patrick LYNCH, who was returned from the sessions, charged with stealing a cow from Bartly SHERIDAN, pleaded guilty.--Sentence deferred.
The Court then adjourned to Monday.
MONDAY, JULY 12
His Lordship took his seat this morning at ten o'clock.
The petty jury panel was called over, but as there were few responses to the names, his lordship signified his intention of inflicting the penalty of £10 upon any juror, resident in Cavan, and £5 upon any other who had been summoned and did not attend.
The list was again called, when the following jury were sworn:--John ELLIOTT (foreman), Robert FITZGERALD, Anthony GILROY, William Squire MONEYPENNY, James BERRY, Alexander BERRY, David GRIFFITH, John BRADY, Terence KIERNAN, John MOORE, John REILLY, Thomas ARGUE.
BURGLARY AND ROBBERY.
Thomas MACONAHY, aged 21 and James BRADY, aged 20, were placed at the bar, charged with having forcibly entered the house of James CASTLES, of Drumcar, on the night of 2d February, and robbed him of some money to the amount of £7 sterling.
James CASTLES sworn--Remembers the night of the 2d of February; was in his own house on that night; about eight o'clock, or not long after dark, a knock came to the door, he asked who ws there, a voice replied "Patrick TULLY;" he opened the door, when he saw four men, three of them entered, and presenting pistols at him demanded the price of a cow he had sold at the Candlemas fair of Cavan; he told them he sent part of it to Ballyhaise to purchase meal for his children, the rest of it he had paid away; they said they had not come there to be mocked, therefore they would not go without it; the party then searched his premises, wher they found the money, which they took with them, and decamped; witness was making a mat when the knock came to the door; witness's wife and several others were in the house at the time;he had one candle; there was another also lighting; the party took nothing but the money; the prisoners at the bar were two of that party; prosecutor did not know MACONAHY before, but he did BRADY; BRADY it was who remained outside while the others were within; MACONAHY had a pistol, but he did not see one with the other prisoner; saw MACONAHY next on the public works near Ballyhaise; gave information to the police immediately, and had him aarrested.
Eliza REILLY called, her evidence was similar to the foregoing.
Anne O'BRIEN and Bridget BRADY, (sister to the younger prisoner,) wer examined to prove an alibi for BRADY, but their evidence was contradictory.
Verdict--Guilty. Transported for seven years.
BURGLARY, ASSAULT, AND ROBBERY
Michael SMITH, aged 23, and Patrick SMITH, aged 21, were indicted for breaking into the house of Peter SMITH of Aughadreenagh, on the night of the 16th of March, violently assaulting, and robbing him of oats and linen, and many other articles.
Peter SMITH examined by Mr. SMYLEY -- Lives in Aughadreenagh; has lived there for the last five years; remembers the night of the 16th of March; slept in his own house that night; between two and three o'clock in the night his door was broken open by a large party; they had one crow-bar, it was with that they forced in the door; the two prisoners were of the party; Michael SMITH came in with a scythe in his hand; the other prisoner (Patt SMITH) had the crow-bar, with which he struck prosecutor several times; knocking him down, and breaking one of his ribs; when down, Patt SMITH threatened to run him through with the crow-bar if he made any noise; they had a 'gossoon' with them, who lit a candle; it ws then he observed prisoners particularly; never saw them in his life before; they were strangers in that neighbourhood; they beat him severely, very severely; they broke his ribs and his teeth, and cut him on the scull; they robbed him of sixty stone of oats, two cwt. of oatmeal, a dozen shirts, half a dozen shifts, a quantity of flax, a silver watch, shoes and stockings, a few sacks, a quarter stone of soap, &c,; Patt SMITH found the watch in a room, and in taking it said he had as good a right to that watch as any one else; prosecutor said how could that be, when he did not buy it; "not a matter," said the prisoner; when going they took his own ass three miles of the way.
A Juror--I think you said they took a pound of soap--how do you know you had an even pound?
Witness (in a passion)--None of your lies, Sir. (laughter). I'll have none of your humbugging, (shaking his fist at him); I didn't come here to take your nonsense (renewed laughter).
Court--Oh, be quiet; don't get vexed.
Witness--I can't help it (looking menacingly at the juror). I didn't say a pound of soap, I said a quarter stone.
Examination resumed--Said at one time it was a man named CORKEN (who has been since in gaol) that offered him the violence; knows it was not now; was with a policeman when some of the things were found on the premises of Terence SMITH, prisoners's father who has since died. (Here two sacks were produced in Court--part of the things found--which witness at once identified).
Cross-examined by Mr. DOHERTY, but nothing further was elicited. A constable was called and sworn, who proved to finding the sacks produced in Court, and other articles alleged by the former witness to have been a portion of the goods stolen, in the house of prisoners' father.
For the defence, Bernard SMITH, uncle of the prisoners, was examined--Recollects the night in question; prisoners and their father slept with him in his bed that night; one of them was complaining of sickness; is sure none of them could go out without his knowledge; the prosecutor's house is distant several miles from his.
Verdict--guilty. Sentence--transportation for life.
Upon Owen COYLE being placed at the bar, Thomas ARGUE, a juror said he knew the prisoner, and as he would have to appear as a witness, begged leave to retire. Leave granted. John CLEMNGER sworn in his stead.
Owen COYLE, aged 52, was then indicted for "causing the death of Patrick DONNELLAN, on the night of the 7th of May at Blackhills, by a wound inflicted by the blow of a stick on the back of his head, of which he instantly died."
Henry DONNELLAN, a young boy, examined by Mr. SCHOALES, Q.C.--Is son of the deceased; remembers the night of the 7th of May last; next morning witness went to look after his father; found him lying dead on bank or island in Leitrim river, with a creel of cabbage plants beside him; the plants belonged to the deceased; witness examined the body, and found a black spot of over the eye, the arm and scull broken, and shins kicked; prisoner lives about a hundred perches from his (witness's) place; it was between nine and eleven o'clock in the morning when the body was found; got Dr. Taylor to examine the body also; witness saw his father the night before he was killed, when he appeared in good health.
To Mr. DOHERTY--His father went out about six or seven in the evening, and took a creel with him; he said he was going to the bog for turf; witness saw him no more alive.
Michael CLARKE was called for the defence--He said the prisoner at the bar went to him to the public works on the morning of the 8th of May, and told him that he caught a man from his place, naming deceased stealing his plants the night before; that he gave him a sore blow of a stick on the back of his head, and when he saw what he had done, he lifted him up and placed him sitting on the side of a potato ridge; he then went into the house for something, but on his return, deceased was gone.
This was a voluntary statement of COYLE's Witness gave COYLE a good character.
Thomas ARGUE, sen., and Thomas ARGUE, jun., (the juror) were called for the defence. They gave prisoners a good character.
Verdict--Guilty of manslaughter. Sentence--To be confined for three months from committal, with security for good conduct for seven years, himself in 10l. and two others 5l each.
APPEARING IN ARMS
Francis GAFFNEY, Charles BRADY and Edward FITZPATRICK were charged with appearing in arms on the night of the 21st of May, in Corduff, "to the great terror of her Majesty's subjects," &c.;
These young men, armed with guns, were parading the roads in the vicinity of their residence on the night in question at about half past ten o'clock, when they were met by four constables, who demanded their arms, which they freely relinquished. The guns, which were produced in court, were loaded at the time--two of them with shot, and the other with powder only.
The prisoners satisfactorily explained to the court how they obtained the guns, and stated that they were merely watching their friends' property on the night they were arrested.
His Lordship in addressing them, intimated that before they could establish an armed patrol, it was necessary to have the permission of a magistrate, and to give notice to the nearest constables.
ROBBERY OF COWS
Philip MAGOVERIN, aged 60, and John FAY, aged 55, were arraigned for having in their possession a quantity of beef, the hoofs of a cow, &c., being part of the carcasses of two cows, which had been stolen from Laurence SMITH, of the lands of Kilduff, on the 21st of May last.
Thomas DOHETY examined by Mr. SCHOALES, Q. C.--Lives in Kilduff; knows the prosecutor, Laurence SMITH; had a cow of his grazing in the beginning of May; she was stolen on the night of the 21st; suspected the prisoners of the robbery; got a search- warrant, and went to MAGOVERIN's, were he found a hoof or foot of a cow from the knee downwards, with part of the skin attached; will swear that was a hoof of the cow which had been stolen from him on the night referred to; went next to FAY's, and upon raising a flag in the kitchen floor, discovered a lot of beef, partly salted; he also found in FAY's another hoof and part of the elder of a newly-calved cow; the cow he lost was only three days calved at the time of the robbery.
Laurence SMITH proved to losing the second cow on the same night; was in MAGOVERIN's and FAY's when the beef &c. were found, but could not swear they belonged to the animals he had lost.
His Lordship, in passing sentence, said that their old age was the only reason why he would not transport them; he then ordered them to 12 months' imprisonment and hard labour.
Michael SMITH, a young man of 20, being one of a party who had entered the house of Edward JOHNSTON, at Knockadreeny, and robbed him of six pounds in notes, and half-a-c rown, a gun, &c.;
Edward JOHNSON, examined by Mr. SMYLEY--Recollects the Sunday after New Year's Day; upon the evening or night of that day the robbery complained of was committed; a man came into my house and commenced filling his pipe, another then entered, and soon after several more; they seized witness and demanded money; he told them if they would let him into the room they should have it, meaning to arm himself with his gun; they would not do so, but presenting a pistol at him, groped his pockets, and discovered the money, six pounds and half-a-crown; they took his gun, and a powder-horn, also, and decamped; witness never saw the men before; does not know whether prisoner was of the party or not.
Anne LEATHEM, a rather handsome young woman, was next called and sworn--Is niece to last witness; was in his house when the robbery was committed; saw the prisoner there; it was not he that presented the pistol, but he had a pistol in his hand; he, however, prevented a boy from going out to alarm the neighbours; witness saw him in the fair of Ballyhaise; saw him first, after the robbery, on the road-side; thinks it might be six months after.
Cross-examined by Mr. DOHERTY--The robbery took place between seven and eight o'clock, or shortly after dark; the party was composed of about seven or eight in all, three of them went into the room; the place she first saw prisoner after the robbery was on the Cavan road; James JOHNSTON, the boy that was prevented giving the alarm, was with her at the time; she did not speak to the prisoner then; is quite sure it was him; at the time of the robbery she had a candle lighting in her hand; there was a fire burning also.
Constable HARRISON examined--He arrested prisoner in consequence of what he had heard from JOHNSTON; the place he took him was within three or four perches of the police barracks of Ballyhaise; prisoner had been standing there for some time.
James JOHNSTON, son of the prosecutor, was sworn, but he could not identify the prisoner as being one of the robbers.
Mr. DOHERTY, for the defence, called Owen SMITH, John SMITH, and John DUIGENAN, to prove an alibi, and Edward SMITH and William ANDERSON to give him a character.
The jury then retired (at a little after two), and did not make their appearance again in court until six o'clock, p.m., when they came to say that they were evenly balanced and could not agree. The judge sent them back again, and in the space of half an hour they returned with a verdict of acquittal.
In the absence of the former jury, the following new one was sworn, which continued to act for the rest of the day:-- William MOORE (foreman), William SMITH, William FARIS, Samuel MARTIN, Henry MAXWELL, Thomas FITZGERALD, Jonathan TILSON, Philip SMITH, Mathew LOUGH, John M'MANUS, Thomas HARTLEY, Robert PRINGLE.
Thomas O'REILLY was then indicted for having been one of a party who broke into the house of Peter SMITH (vibe the second case to-day), assaulted and robbed him of oats, linen, &c. on the 17th of March.
P. SMITH--On the night of the 17th of March, witness heard the window breaking in; witness got up and prevented them coming in at the window by a fordk they then compelled him to open the door, when ten or eleven persons (all strangers) entered, several whom he knew remaining outside; some of them lit a candle at his fire; saw prisoner outside, through the window; four of the party carried away the goods mentioned in the indictment.
N. SMITH, wife and James SMITH, son of the preceeding witness, were examined; they failed to prove anything.
Patrick COLREAVY was then charged with having burglarliously entered the house of Peter RUDDEN, of Ardbraccan, on the night of 19th of April, and taken thereout a quantity of oatmeal and wearing apparel.
Pater MADDEN (sic) examined, who deposed to the robbery (particularly a sack of oatmeal, which gave him great uneasiness), witness, his wife, and six children were in bed, when the door was broken open; the party entered, and after knocking him (witness) down; lit two candles; they then took away his goods; witness saw none of his property since; picked him out of seven men in the police-barracks of Ballyhaise. Margaret RUDDEN (the wife) and one of the sons were examined; they corroborated the testimony of Peter RUDDEN.
Mr. KNIPE appeared for the defence, and called Catherine REILLY, who proved an alibi.
Mary COLREAVY and Mathew COLREAVY (brother and sister to prisoner) were also called in proof of this alibi.
Owen GREAVY, alias COLREAVY, (another brother), was sworn, but he broke down in his evidence.
Verdict--Guilty. Transported for life.
Michael COYLE was placed at the bar charged with causing the death of Barthollomew SMITH, by exposing him to the inclemency of the weather, in the month of March.
It seems the prisoner made some agreement to carry the deceased a certain distance, he being tipsy at the time; when prisoner brought him to the house agreed upon, they would not be admitted, whereupon prisoner took the coat off the man, and left him sitting in the snow, near the door.
Prisoner pleaded guilty to the charge of stealing the coat, and the Court withdrew the other counts. Sentence-- Six moth's imprisonment, with hard labour, from the time of committal.
John BRADY ws indicted for entering the house of Owen CURRY, in Drumaheeran, on the 18th of May and taking thereout 1 cwt. of oatmeal and several articles of wearing apparel. Guilty--One year's hard labour.
George MANNING was charged with being one of a band of rioters who assaulted Bernard TIERNAN, on the 3rd of last February. Not guilty.
It being now half-past six o'clock, the court adjourned to half past nine next morning.
TUESDAY, JULY 13
Judge TORRENS entered the court at the appointed hour, and immediately took his seat.
As the trial of the men for the murder of BURNS was to be proceeded with this day, there was a vast concourse of people round the court-house all the morning, as upon the former occasion, anxious to secure places for the day. When the doors were opened, a perfect rush was made to the galleries, which soon became densely crowded, and continued so during the entire proceedings. Great excite- ment pervaded the crowd, yet, notwithstanding, their conduct was altogether decorous.
TRIAL FOR MURDER
Terence REILLY, aged 23, John SMITH and John FARELLY, aged 30, respectively, were placed at the bar, charged with the murder of Thomas BURNS, on the night of the 29th of June, 1846, in the townland of Derrygerahan. Trial put back at last assizes, jury not having agreed to a verdict.
Counsel for Crown--Mr. BROOKE, Q. C.; Mr. SMYLY, and Mr. DOHERTY.
Counsel for prisoners--Mr. MAJOR, Q.C.; Mr. BOYD, and Mr. PEEBLES, Solicitor--Mr. KNIPE.
Mr. SWANZEY, Clerk of the Crown, in calling upon the jurors to appear, signified to prisoners' counsel that they had the privilege of challenging twenty. The prisoners John ELLIOTT (foreman), Wm. FARIS, John MARSDEN, H. MAXWELL, John BRADY, Terence TIERNAN, William BLAKELY, John FIFE, George KNOTT, James FAGAN, Thomas FAGAN, and Michael HUMPHREYS.
Mr. KNIPE, for the prisoners, challenged 22 jurors; their names are:--William MOORE BLACK, Samuel MARTIN, Anthony GILROY, Wm. Squire MONEYPENNY, James BERRY, David GRIFFITH, Thomas HARTLEY, John MOORE, Jonathan TILSON, David BIGGER, George BLAKELY, Arthur FINLAY, Henry FARIS, John NAYLOR, John BANON, jun., William FOSTER, James BLACK, John CLEMENGER, William DANCEY, Archibald DANCEY, Geo. BIGGER, and Robert DAVIS.
The Crown did not challenge any.
(As a full report of the former trial appeared in the Anglo-Celt of the 5th of March, we do not deem it necessary to go into minute detail now. We will, however, give the new evidence- -namely, that of the Rev. Charles O'REILLY and others. Rose BURNS, wife of the murdered man, has died since last assizes).
Mr. SMYLEY opened the case on behalf of the crown; he briefly recapitulated the leading features of the evidence, which he subsequently produced, and referred to the death of Rose BURNS. He said he had the daughter of deceased to produce, a very young child, who was with her father when killed, and who had been in fever while the spring assizes were going on, but she was so very young that he declined examining her; however, counsel for the defence might have her testimony if they wished.
Prisoners declined to call her.
Richard JARMEN examined by Mr. DOHERTY--Knew the deceased, Thomas BURNS; recollects the night of the 29th of June; the morning following he was called by Rose BURNS; went down in a few hours after to see him; BURNS was lying in bed; deceased asked witness did he think he'd recover; BURNS sometimes appeared to think he would, at other times that he would not; He (BURNS) was betwixt and between two notions on the subject; witness saw the hole in deceased's side after rubbing down the blood.
Cross-examined by Mr. BOYD--Knew the deceased for seven years; was a neighbour of his; if reports in the country spoke true, BURNS was not to be believed on his oath; witness would not like to credit him. Mr. BOYD--From his general character in the country, would you believe him worthy of credit on his oath in a court of justice?
Witness--I think not, from what I know.
His Lordship--That is not an answer. Was his general character such as would entitle him to belief on oath, if worn in this court?
Witness--No, it was not. I heard him swear against Teence REILLY (the prisoner) for Molly Maguireism in Belturbet. I heard him swear what I didn't hear or believe, that Terry REILLY threatened him with Molly Maguire.
To Mr. DOHERTY--That is the reason why I would not believe him. I never told any one that BURNS was ill- treated; heard deceased charged with having cut the tails off some cows belonging to his brother; couldn't say whether it was before or after the present charge was made against the prisoners; never heard he perjured himself.
To the Court--The reason why I say I wouldn't credit deceased's oath is because of his transaction with Terry REILLY.
Court--Go down;go down.
Constable DUGGAN examined by Mr. SMYLEY--This witness deposed to having visited BURN's house shortly after three o'clock, on the morning of the 30th of June, 1846. He had sub-constable CLEGG along with him, who heard part of the conversation which witness held with deceased. Upon witness asking him how he felt, he said he was dying--a dying man; this deceased repeated several times. He also said at once that he knew the men who had attacked him.
Mr. SMYLEY applied to the Judge to have BURNS' dying declaration laid before the Court, which, after some objection from prisoners' counsel, which his Lordship overruled, was granted.
Sergeant DUGGAN's examination resumed--Burns named the three men. He said they were Terry REILLY, son of the stucco- man, John FARRELLY, and John SMITH. Witness and CLEGG went to Belturbet to apprise Dr. WADE and their inspector, Mr. GIBBONS.
(The next several paragraphs are repetitious of the previous trial)
Mr. SMYLEY signified he closed the case for the Crown.
Mr. MAJOR, Q.C., insisted upon the Crown's producing the Rev. Charles O'REILLY, who had been so often mentioned in the case, and whom they had at hand.
Mr. SMYLEY had no objection, and The Rev. Charles O'REILLY (a new witness) was sworn--Is the Roman Catholic curate of the parish where BURNS lived; is the person mentioned by preceding witnesses; lives a mile from where deceased resided; went to Burns' place on the morning of the 30th of June at a quarter after four o'clock; there were people in the house at the time; could not exactly recollect who they were; believes he saw police and some country people; witness administred the last rites of the church to deceased; asked him ow he received the injury, he said they shot him; heard him mention the names of his assailants after two of the prisoners were arrested; when the third was taken, deceased then identified the three; when prisorers were first brought before deceased in my presence, he identified them without any doubt; I then went forward and lectured him; that was before Major BAILIE took his informations; I admonished him and said that a very bad feeling made him swear his informations against the accused; he then told me that he swore to the best of his "skill and knowledge."
To Mr. PEEBLES--This was fifteen minutes or so before Major BAILIE came; I told him, too, that if he swore through malice he would certainly hang them; he said "No," for the words "skill and knowledge" would not do that; the deceased's wife was not there when he was speaking; she was present, however when talking of the persons who committed the murder; Rose Burns did not tell me that she either knew or did not know them; but she said she thought deceased did.
The case for the prosecution closed here.
(Generally the same defense as in first trial)
His Lordship summed up in his usual clear and effective manner.
The jury then retired, it being a little after four o'clock, but as several hours elapsed, and there was no probability of their agreeing, his Lordship ordered them to be locked up for the night.
At eleven o'clock one of the jurors complained of sickness, as on the prior occasion, and Dr. COYNE, after an examination, made affidavit that Mr. James FEGAN has been labouring for some time under disease of the heart, and that any further confinement might prove highly injurious to him.
His Lordship then returned into court and dismissed the Jury.
SHOOTING AT, WITH INTENT TO KILL
Immediately after the jury retired in the preceding case, Randolph PRATT, Esq., Barrister-at-law, aged 40, and Francis RICE, a young boy, were put in the dock, charged with having fired a gun at James LENEHAN, at Mulintra, on the 7th of July, with intent to kill, &c. The indictment charged Mr. PRATT as principal, and the boy as aiding and abetting.
Mr. JOHNSON, on behalf of defendant, made application to the court to have the trial postponed till next assizes, as the case was recent, and it was impossible to procure witnesses on so short a notice. He also read a certificate from the medical attendant of the person fired at, which stated that his life was out of danger.
WEDNESDAY, JULY 14
The Court was opened to-day at 10 o'clock.
APPLICATION FOR BAIL
Shortly after Judge TORRENS took his seat, counsel for prisoners, in the case of BURNS, which was tried yesterday, and upon which the jury could not agree, made an application to have their clients admitted to bail.
His lordship said he would not admit the prisoners to bail at present; but he would instruct the Crown Solicitor to communicate with the Lord Lieutenant on the subject, and if his Excellency deem it prudent, the Crown Solicitor will inform Mr. KNIPE, who may have the prisoners liberated upon entering into the requisite security--that security to be, each prisoner 50l. in his own recognizances, and two sureties of 20l.each. He had no doubt the Lord Lieutenant would comply with the prayer of the petition, when backed by his favourable report.
A number of little boys, ages varying from nine to fifteen years, were placed in the dock, charged with the commission of various petty thefts. His Lordship sentenced them to be twice whipped with a birch rod, to be imprisoned one month, and then transmitted to the workhouses of their respective unions, on a judge's order.
Henrietta REYNOLDS was tried for petty larceny. Acquitted.
This terminated the criminal business in the Crown Court. His lordship then commenced hearing traverses for damages, &c., which occupied him the remainder of the day.
TUESDAY AND WEDNESDAY
(Before Lord Chief Justice Blackburne)
The Lord Chief Justice after disposing of the Record cases, Civil Bill Appeals, &c. (which were finished early on Tuesday), empanelled a jury to try criminal cases.
Hugh GALLAGHER was indicted for stealing a calf, the property of William HANNA, committed on a bench warrant from last assizes.
John REILLY was charged with breaking into and entering the house of Michael M'QUILLAN, assaulting and robbing him of various articles of wearing apparel. The trial of this case occupied a considerable time; but as it presents no feature of particular interest we need not dwell upon it. The jury retired at four o'clock on Tuesday evening, and as there was no liklihood of coming to an agreement, his lordship ordered them to be locked up for the night. On Wednesday morning, after his lordship entered court, an application for a discharge was made by one of the jurors, on the ground of ill health. Dr. ROE was sent in to examine him, who, on his return certified that it was necessary for juror's health to be liberated.--Jury discharged.
Hugh DONOHOE and James MAGAGHRAN were put in the dock on the charge of entering the house of James LOGAN, and robbing him of 5s., a tub of butter, &c. No bill found.
The next case was that of Mary KING, who was indicted for having in her possession a stolen hen, the property of Maria MIDDLETON. The loquacity of the witness in this case excited onsiderable mirth in court. She pursued the prisoner four miles for her hen, had her arrested and prosecuted to conviction. Sentence--three months' imprisonment.
Felix MATHEWS and John MATHEWS (brothers), for having, on the night of the 2nd instant, entered the house of James M'DERMOT, and taking thereout a coat and other articles, and demanding his money. Transported for fourteen years.
James CARROLL and James FITZPATRICK were indicted for having entered the house of James REILLY, at Sugarloaf, on the evening or night of the 3rd of January, and robbed him of some money, two pistols, and other goods, amounting in all to the value of £52.
James REILLY examined--Witness deposed to the loss of £29 in a pocket-book, 17s. in silver in a purse, a silver watch, and other articles. There were five persons in the party, two of them had pistols; witness never recovered any of his property.
Mary SMITH sworn--Witness and her daughter met 5 persons on the road near REILLY's house, at between 8 and 9 o'clock in the evening; prisoners were there; the whole party went towards the house of the first witness; she (Mary SMITH) and her daughter remained on the road while the men went up a lane towards Mr. REILLY's house; in about half an hour they returned, and all the party went to COSGRAVE's public- house in Belturbet; a boy of the name of Michal REILLY was of the party, too; they called for whiskey at the public- house; when they got in the whiskey, and had the door closed, Mick REILLY pulled out a long purse with a tassle at each end; he counted out the contents, 17s. and also pulled out a pocket-book with a great number of notes, two pistols, and a watch; he said he was long in need of a watch, and he got one cheap now, a good one of Mr. REILLY's; he divided the notes round the table, but kept the 17s. and a watch-guard, with ornaments, and a pen- knife, which she also saw.
To the Court--Witness lives at Killyclara, within three miles of Belturbet.
Cross-examined by Mr. JOHNSTON--Went down stairs and thought to get out, but Mrs. COSGRAVE would not let her without her daughter, whom she left above in the room; did not wish to stop in the room while the plunder was being divided; the COSGRAVES are decent people; witness was acquainted with Mick REILLY; did not know whether her daughter knew him or not; her daughter had never lived with Michael REILLY; Mick REILLY charged her with robbery at the last sessions, but nothing belonging to her; witness could not tell whether or not it for her honest character that the party let her into the secret.
Mr. SMYLEY here stopped any further examination, by saying that the Crown abandoned the prosecution.
Thomas COONEY, a young man, was charged with having committed a rape on the body of Ellenor COONEY, on the 31st of May, at Kilnacran.
Ellenor COONEY was called, but not making her appearance, a policeman came forwrd to say that he saw her in the court the day before, but he understood since, that on last night she eloped with, or was forced off, by prisoner's brother, to Cootehill.
The case stands over.
HOUSE-BREAKING AND ROBBERY
Daniel M'DANIEL (who was in prison three times before) and John MAGUIRE were indicted for breaking into the house of James LACKEY of Corrakill, on the morning of the 26th March, between the hours of 3 and 4 o'clock, and robbing him of the sum of £6 0s. 6d.
James LACKEY examined--He proved to the breaking in of his house on the night above-mentioned, by a party of three men, who entered, and after violently assaulting himself and his wife, robbed him of £5 in notes, and £1 9s. 6d. in silver. The witness was shown a pound note which he identified as one of those stolen on that night.
Mr. M'KINSTRY, inspector of constabulary, deposed to having got that note from James SHERIDAN, a publican in Kilnaleck, on the 29th of March..
James SHERIDAN, the person referred to by the foregoing witness, proved to having got the note now before the court, from a boy named Pat REILLY, in payment for half a pint of cordial.
Patrick REILLY (a boy of about ten years of age), sworn-- Got a note, a black one, from a person named John GIBSON, in the house of Miles M'FARTLAN, one morning last March to go for half a pint of cordial; there were three persons present at the time; thinks M'DANIEL was one of them but is sure the other was not; went to Mr. SHERIDAN's for the cordial which he goT, together with the change; would not know the note gain; never gave but one note to Mr. SHERIDAN.
Miles M'FARTLAN examined--Lives in Kilnaleck; on the morning of the 26th of March, between 6 and 7 o'clock, three men went into his house and took breakfast there, tea and eggs; Daniel M'DANIEL, the prisoner, a man of the name of John GIBSON, and another person whom he saw in the court, were the three men; the other prisoner at the bar was not there;knows M'DANIEL for a long time; he (M'DANIEL) lives somewhere in Ballyduff; John GIBSON sent out the boy, Patrick REILLY, for half a pint of cordial, and gave him a black note, on of the Belfast bank, to pay for it--a note similar to that now shewn him; GIBSON gave him (witness) another note, also of the Belfast bank, to take his demand out of it.
James DORAN, (an approver)--This wretch stated that LACKEY's house was "set" for a long time, and that on the evening before the robbery, M'DANIEL, MAGUIRE, GIBSON, and himself, left Ballyduff together, when it was coming on dark, with the intent of robbing and murdering James LACKEY; when crossing the country they met another man, also an accomplice, who told them to give LACKEY the same death Booth BELL got; they then went to LACKEY's house, which they broke in, and three of the party entered, the prisoners and GIBSON; witness remained outside during the time the others were within; he was stationed seven yards from the door with a pistol, for the purpose of shooting LACKEY; he did not wish to do so, and squeezed some wet on the powder in the pan; after they had robbed LACKEY, they started for Ballyduff, which they reached as day was breaking; they changed one of the notes out for Kilnaleck, leaving the prisoner MAGUIRE, in Ballyduff; the reason of they going to Kilnaleck was, GIBSON and Miles M'FARTLAN, as he was an old committee man, would pass the notes for them without suspicion, or fifty if they had them; they reached M'FARTLAN's between 6 and 7 where they took breakfast-- namely M'DANIEL, GIBSON and witness, and passed two of the notes in the manner before stated.
His Lordship charged the jury, telling them that the evidence was strong against M'DANIEL, but that there was none of any weight to implicate the prisoner MAGUIRE in the transaction, as the last witness's testimony regarding him was not corroborated in any one particular.
The jury retired, and after a short absence returned with a verdict of acquittal for MAGUIRE, and guilty for M'DANIEL.
His Lordship sentenced M'DANIEL to 14 years' transporta- tion, and ordered the other prisoner to be discharged.
John M'CABE was imprisoned three months for having robbed Thomas DONOHUE of seven loaves of bread, at Carrickacrummon, in the beginning of January.
This was the last case tried.
DARING BURGLARY--On the night of the 9th inst., three persons entered the house of Patt TULLY, of Pluise, parish of Castletarra, by breaking the front door. TULLY, on hearing the noise, got up, when he was attacked by one of the party. His mother and sister defended themselves against the other two, and a desperate onslaught ensued. Two of the burlars were obliged to decamp without possessing themselves of anything in the house. TULLY was severely injured, having received three desperate cuts on the head, but eventually secured his man, and kept him in his house till the police were sent for, who conveyed him to Cavan prison. Such courage and determination as TULLY displayed deserve to be rewarded. About two months back a heifer was stolen from him, perhaps by the same party.
MR. GALLAGHER, THE VENTRILOQUIST--This celebrated performer delighted the inhabitants of Cavan by giving entertainments on three evenings during the passing week at the National School-rooms, which were crowded to excess... We understand Mr. G. will presently visit Belturbet, Cootehill, and Clones, on his way to Enniskillen; and we are confident he will meet in these towns with that success which he so justly merits.
Thomas MURRAY, Esq., Auditor, attended at the Board-room of the Cavan Work-house on the 8th instant, and after examining the accounts for the last six months expressed himself highly pleased with the manner in which they had been arranged by the Clerk of the Union.
Mr. John MORROW of Ballyjamesduff, thankfully acknowledges the receipt of a grant of clothing from the Central Relief Committee of the Society of Friends.
Genoa, July 6--The Peninsular and Oriental Company most generously offered, as you are aware, to convey the body of Mr. O'CONNELL gratuitiously from Genoa to Dublin, together with fifty mourners who would be brought here for the purpose of accompanying the remains. The Montrose steamer accordingly arrived here for the purpose; and ample funds were, I understand, transmitted to cover the expenses of removing the body to the ship with becoming pomp. A special messenger was also sent out by the committee of management at Dublin, to superintend the removal; but although the vessel remained to the latest possible moment, Mr. O'CONNELL's son had not yet arrived from Rome, and thus the Montrose had sailed, and the body of the great man still lies in its obscure chapel. This inexplicable delay has created considerable surprise at Genoa.--
Correspondent of Morning Chronicle
THE TWELFTH OF JULY ORANGE PROCESSIONS
CAVAN--The Orangemen of this town had no display of any kind. We have heard that there were some processions in the neighbourhood, principally composed of boys, but the day passed off quietly.
BELFAST--On Monday morning a body of Orangemen left this town for the purpose of meeting a number of their brethern at Ballyleeson, a village about four miles and a half from Belfast. At a quater after eleven, other bodies arrived from Saintfield, and the adjoining districts. From a platform which had been erected in the field, a sermon was preached to the multitude by the Rev. Mr. BROWN, a Presbyterian minister. At this time it was computed that there were between three and four thousand men, women, and children present. At the close of the sermon the crowd was briefly addressed by Mr. JOHNSON, after which the various lodges got into regular order, and marched with fife and drum towards the respective districts from when they came. The lodges belonging to Belfast and its neighbourhood arrived in town about six o'clock, and although a great number of their members were drunk, and many of them had pistols, which they fired along the road into town, and during the progress of several lodges through Donegall-street, no breach of the peace (that we have heard of) was committed. The lodges averaged about 20 men each, which would give a total of 740 Orangemen on the field. Proper arrangements had been made by the authorities in the early part of the day for the preservation of the peace of the town, but it was not found necessary to call the services of either the military or police into requisition.
July 8, in Lower Gardiner-st. Dublin, the lady of Samuel RYAN, Esq., of a son.
On the 4th inst., at St. Anne's Church, Mr. A. DEWAR, of Mohill, to Anne, daughter of Mr. Richard PRICE, Castlepollard, Westmeath.
On the 4th instant, Lady Caroline CAPELL, sister of the Marquis of Auglesey. On Wednesday night, of typhus fever, Dr. M'CLEERY, of Belfast, deeply regretted.
Drogheda, Tuesday, July 13, 1847
The Lord Chief Baron opened the commission for this town at half-past ten o'clock. He was accompanied to the crown court by James MATTHEWS, Esq., Mayor, and John CHESTER, Esq., High Sheriff.
The following gentlemen were sworn on the grand jury:--
William CARSON, Foreman; C. JORDAN, P. M'EVOY, P. MATTHEWS, William CAMPBELL, P. BOYLAN, Thomas GRENDON, M. WALSH, Thomas COLLINS, Henry CROLLY, A. CEAPPOCK, M. ROGERS, and Felix M'CABE, Esqrs.
The jury having been sworn his lordship addressed them in the following very brief terms:--
"Gentlemen of the grand Jury, the business before me as exhibited on the calendar is so very light, both in point of numbers and the character of the offences charged, that I do not think it right to detain you for a single moment by any observations. You will please retire to your room to consider the very few bills that will be laid before you."
The grand jury were about retiring when Mr. SHEGOE, a counsel for Mr. Henry MOORE, in the matter of a present- ment for compensation for malicious buning, applied to the court that the claim might be entertained by the grand jury though they completed their fiscal business. He moved on the affidavit of the claimant, which stated that he was ignorant of the day on which he should have appeared before the grand jury, to substantiate his claim.
The Chief Baron said, that it was a case in which he should be slow in exercising the power given to him by the statute, inasmuch as it would seem to be establishing a precedent for persons to come forward at a late hour to rectify errors caused by their own default because every person was supposed to be duly cognizant of the time at which the grand Jury met for the dischrge of fiscal business.
On the intimation of the foreman of the grand jury, that they were willing to entertain the claim on an order being made for that purpose by the court, the application was granted. The Assistant Barrister having so recently closed the gaol of this town--there are for trial but three or four cases, and all of them of a minor character.
(Judge BURTON presided.)
Out of eleven writs of distringas in the hands of the sheriff, but one case has gone to trial, and that possessing no feature whatsoever of public interest.
July 23, 1847
MISCELLANEOUS - ELECTIONS
Mr. E. P. SHIRLEY has resigned his seat for Monaghan. Mr. FORTESCUE and Mr. DAWSON, Lord CREMORNE's brother, aspire to the vacancy. The latter has the best chance.
In Longford Mr. FOX's profession of Repeal principles has taken the world by surprise. Mr. BLACKALL's complaisance is still more extraordinary. He is not, he says, a Repealer, but he has no objection to become so if the majority of his constituents wish it. Graeculus esuriens, &c., &c.;
REPRESENTATION OF MEATH
Owing to the demonstration in favour of Mr. FORD, there will be a contest in Meath, which, although the Liberals and Repealers are in a majority on the registry, is likely--such is the unpopu- larity of Mr. GRATTAN, the Repeal member--to eventuate in the return of a Tory candidate along with Mr. CORBALLY. If Mr. FORD stands, Mr. SINGLETON's success is certain, so certain that we are quite sure that Mr. FORD will not come to the poll. But even if no new candidate be started on the Repeal side, the Conservatives, from the attention which they have lately aid to the registry, have a fair chance of returning their man. They now number something over five hundred votes. The Repealers cannot count upon more than six hundred. There are nearly a hundred uncertain votes.
From the above data, we look upon Mr. CORBALLY's success as certain, for such is his popularity, that most of the Conservatives will give him their second votes. The contrest will be between Mr. GRATTAN and Mr. SINGLETON. The latter gentleman's politics are probably too rococo for our taste.....
For all that, in the absence of a more congenial candidate (such as Mr. WINTER or Lord KILLEEN, for instance) we wish Mr. SINGLETON success. His politics may not be all we could wish them, but neither are Mr. GRATTAN's, if indeed a man with one impracticable idea can be said to have any politics. Like Dr. SANGRADO, he has but one remedy for all our ills. The doctor was all for phlebotomy--Mr. GRATTAN for amputation.
REJOICINGS AT BEAUPARC
On Friday last, Mr. Gustavus LAMBART, eldest son of Mr. LAMBART, of Beauparc, brought his young and lovely bride, Lady Fanny LAMBART, daughter of the Marquis of Conyngham, home to the ancestral mansion on the banks of the classic Boyne.
As they approached the grounds they found the road lined with a triple row of the thriving tenantry, who insisted upon taking the horses from the carriage, and dragging the youthful couple through an arch of the most elegant construction thrown across the picturesque drive to the house. In the evening every hill-top for miles round was crowded with a gigantic bonfire, and nothing could be more beautiful than the reflection of their fiery diadems in the clear waters of the river. The joy of the tenantry was enhanced from their knowing that it is the intention of Mr. LAMBART and his bride to reside entirely at Beauparc, and to identify themselves in every way with the best interests of a tenantry, of whom they are justly proud.
(From Our Kells Correspondent)
THE CROPS--Nothing can exceed the luxuriance of all the crops, white and green, in the neighbourhood. I regret in having to state that the reports with respect to the condition of the potato crop are rather unfavourable. At Drewstown, some acres, the property of Mr. M'VEIGH, which a few days ago appeared sound and healthy, are now turned black, the tops withered and shriveled, and in many fields around the town of Kells the blight is making its appearance, and great apprehensions are already entertained as regards it coming to any degree of maturity this season.
A WHIRLWIND visited this part of the country on Friday evening last, carrying away cocks of hay, &c., also some articles of clothing placed in front of the Kells Work-house, to such a distance as that they could not since be found.
OUTRAGE--A calf, the property of Mr. H. DYAS, of Cookstown, was killed on Wednesday night last, and the carcass taken away. A reward of 10l. has been offered for the apprehension of the theif.
MELANCHOLY ACCIDENT--On Wednesday evening last, about five o'clock, a policeman named Alexander MURPHY was drowned while bathing in the Boune, a short distance from Trim.
(From Our Own Correspondent)
MELANCHOLY AND FATAL ACCIDENT--On Tuesday morning last, as a young boy, the son of widow COSTELLOE of Derradis, was bathing in a lake adjoining Farnham demense, accompanied by a gentleman from the town of Cavan, he venturd out too far, and got entangled in the weeds, from which he could not extricate himself, and was consequently drowned. The person accompanying him became so alarmed that he could not render any assistance. The body was got immediately after in an upright posture, but life was extinct. We understand neither COSTELLOE nor his companion could swim.
COUNTY OF LOUTH
Thos. v. The Dublin and Droghega Railway.
DUNDALK, July 14--The pleadings were opened by Mr. O'HAGAN, and the case stated by Mr. WHITESIDE (who, we were happy to observe, looked in excellent health). Mr. NAPIER also appeared for Mr. BRODIGAN, and Mssrs. FITZGIBBON (specially retained), TOMB, and SHEEGOG, for the railway company.
It was an action of assumpsit brought by the plaintiff for services done in favour of the railway. Damages were laid at £3,000. The defendants pleaded the statute of limitations..........
Several witnesses were examined, and the case for the plaintiff closed at the rising of the Court, at six o'clock.
FRIDAY--Mr. FITZGIBBON, Q.C., addressed the jury for the Railway Company. He depended on the statute of limitations, and denounced the claims of Mr. BRODIGAN as excessive and untenable; and also argued that Mr. BRODIGAN acted for most of the time as a director, and therefore could not fairly make a claim of this nature for the services he rendered.
The witnesses for the Company having been examined,
The Chief Barron charged the jury at three o'clock.
At seven o'clock, the jury found a verdict for the plaintiff-- 674£. damages, and 6d. costs.
At half-past ten o'clock, on Thursday the 15th inst., the following Grand Jury were sworn before W. A. DANE, Esq., Sub-sheriff:--
Sir Arthur B. BROOKE, Bart., Foreman; Hon. H.A. COLE, William D'Arcy, William ARCHDALL, Folliott W. BARTON, John G. V. PORTER, Alexander NIXON, John MADDEN, John C. BLOOMFIELD, H. W. BARTON, John BRIEN, Simon ARMSTRONG, Richard HALL, R. L. DIXON, Paul DANE, John CROZIER, Robert ARCHDALL, John P. HAMILTON, John HAIRE, T. KERNAGHAN, and Charles CROWE, Esqrs.
All the presentments for county purposes were passed with few exceptions.....
FRIDAY, July 16 At three o'clock this day, Chief Justice BLACKBURNE arrived in town, from Cavan, and shortly afterwards the commission was opened in the county court-house.
The grand jury were re-sworn before Alexander PHILLIPS, Esq., Deputy Clerk of the Crown.
His Lordship, in addressing the grand jury, said--Gentlemen, it does not appear to me that there is anything on the face of the calendar that calls for particular observation....
His Lordship then proceeded to fiat the presentments, after which the Court adjourned to Saturday morning, at half-past nine o'clock.
SATURDAY, July 17
At half-past nine this morning, his Lordship took his seat on the bench and after the long panel was called over, the following amongst other trials took place:--
George WELLINGTON CONNOR, Edward MULDOON, Maurice LENNEN, and William LENNON (sic), were charged with breaking into the house of Lancelot COSSAN, at Meheramena, on the night of the 27th of December.
The jury, after a short deliberation, found the prisoners guilty, and they were each sentenced to seven years' transportation.
James ARMSTRONG, jun., and Robert ARMSTRONG, were indicted for burning and pulling down the dwelling-house of Denis M'GLOSHAN, on the 21st of June.
The prisoners were indicted under the Whiteboy Act, and as it did not appear that the neighbourhood was in a disorderly state, the indictment could not be sustained, and his lordship directed an acquittal; at the same time, telling the prisoners that it was not because there was any doubt of their guilt that their atrocious conduct was not punished, and informed them that any future misconduct would subject them to the unmitigated severity of the Court.
July 21, in Cavan, the lady of the late lamented Walter MALONEY, Esq. of a son.
July 16, at Dungan Castle, Meath, the lady of H. C. CHATTON, Esq., of a son.
On the 20th instant, in St. Pancras Church, Euston-square, London, George Marshall KNIPE, Esq., of the 89th Regt., second son of Geo. M. KNIPE, of Erne-Hill county of Cavan, Esq., to Jessie Maria, daughter and co-heiress of the late Sir S. HOWARD, of Carlisle, Cumberland, for many years President of the Medical Board of Madras.
July 13, Mr. T. D. MAGEE, to Mary Teresa, daughter of the late Jas. CAFFREY, Esq., of Dublin.
July 18, in Dublin, Daniel W. WEBBER, Esq., Q.C., in the 90th year of his age.
July 12, of fever, the Rev. Allen MITCHELL, Rector of Rossorry, Fermanagh, late Vicar of Drumsnatt, Monaghan.
REMOVAL OF IRISH PAUPERS TO IRELAND--The removal of the Irish Paupers to their own country has now commenced, and when the whole of the arrangements are completed, there will be all the necessary convenience for "exporting" about twelve hundred of them per day, and then the parish authorities will take full advantage of the powers of removal given them by the new law of settlement...
July 30, 1847
IMPORTATION OF PAUPERS--There were on Thursday landed on our quays some forty human beings, men, women and children, half naked and fainting with hunger, most of whom will probably become permanent burdens on the citizens of Dublin. The head of these families expended their labour in adding to the wealth of England, and having failed in effecting a technical 'settlement' in England, the moment they ceased to be able to add to English gain, they and their dependents are flung back upon this country to add to its already intolerable pauperism.....Freeman
MR. O'CONNELL'S REMAINS The remains of Mr. O'CONNELL have arrived in Birkenhead, Captain ROCHE, a relative of the Liberator, and a gentleman in whom the O'CONNELL family have every confidence, has gone over to meet the Rev. Dr. MILEY on the part of tje Catholic Cemeteries Committee. The funeral will certainly take place on Thursday, the 5th of August.
Though the remains have arrived at Birkenhead, we may state with confidence that they will not be removed to Ireland for some days.--Freeman
At Jone's Lake, Westmeath, the lady of Geo. ADAMSON, Esq., of a son and heir.
July 24, the Hon. Edward Morris ERSKINE, to Caroline, widow of Andrew YOUGHMAN, Esq.
July 23, at Fingal, Lieut-Col. Ewd KNIGHT, one of the brave officers who, after the battle of Corunna, attended to the grave the remains of Sir John MOORE.
County Cavan Newspaper Transcription Project
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