Published in Cavan, county Cavan
January 7, 1848
NOTICE--Last week we gave a paragraph which we extracted from the Westmeath Guardian, purporting to be the particulars of several outrages committed in this county, one of them on Wm. ARMSTRONG, Esq., of Woodlodge, Tullyvin. We were considerably surprised as this, as their is no man more popular, and deservedly so, than Mr. ARMSTRONG, with the peasantry of the district where he transacts his agencies; and the more so, as none of our correspondents referred to the transaction in either their published or private letters. This week Mr. ARMSTRONG called at our office and requested us to contradict the statement, so far as he is concerned, in the most direct terms. We do so with pleasure, and at the same time take this opportunity of condemning the practice of those strife-sowing journals who circulate alarming and unfounded rumours merely to accomplish their own unworthy ends. Nothing can be more reprehensible, as it reduces our country' character and points out innocent men as objects of hate or suspicion to an unthinking populace. We have every reason to believe, that the portion of the paragraph which refers to the Rev. Mr. L'ESTRANGE is also untrue.
ROBBERY IN CAVAN -- On Monday night, the house of Mr. John M'GUINNESS (Barm Bakery) of this town was robbed of a number of articles, including a small cask containing five gallons of best whiskey, a sack-full of bread, two stone of sugar, a quantity of tea, and other articles. It is supposed that the thief entered the house during the day and concealed himself somewhere until the family went to bed, and that then he opened the door and handed the goods to his associates who were in attendance outside. What makes this robbery somewhat remarkable, there was a fierce bulldog in the shop, which would have torn a stranger to pieces, and he made not the slightest alarm; when the thief decamped he closed the door after him, and the dog guarded it the remainder of the night and prevented the admission of a person early in the morning who wanted to make some purchases.
"THE REIGN OF TERROR IN CAVAN." A paragraph under this head is now making the round of the papers. We refrained from noticing it last week because we imagined it would drop still-born from the journal in which it originated, as the statement has no foundation whatever, but the sudden flight of William HUMPHREYS, Esq., of Ballyhaise. Mr. HUMPHREYS was of course at perfect liberty to depart, but then it was ludicrous to see him move off beleaguered by policemen's bayonets, under the supposition that the "Reign of Terror" had commenced in Cavan. There may be a volcano smouldering beneath the surface, composed of the pent-up passions and prejudices of the multitude, of which we are not cognisant, but to ordinary eyes never was this part of the country more peaceable--never, in fact, was there less need for coercive measures than at the present. It is strange too, that just as Mr. HUMPHREYS was flying in such consternation, Lord FARNHAM was on his return home from the scene of his parliamentary labours, where recent events might be supposed to have rendered him somewhat unpopular. His lordship came in noble confidence, and long may he remain, to extend to this neighbourhood the blessing of his indulgent care. If danger, however, exists to any serious extent--a supposition we do not credit--we hold it to be unmanly in the gentry to desert their faithful tenants and servants in this crisis, leaving them to struggle unaided through the storm which those very gentry were the main instruments of evoking.
HOUSE BURNED.--On Sunday night last, a house, occupied by a herd of Copeland JONES's, Esq., situated in a wood not far distant from Clover Hill, was entirely consumed. There were no lives lost, and but little damage done. It is not known how the fire originated; some suppose it to have been done maliciously.
DEATH FROM BURNING--CORONER'S INQUEST
(From a Correspondent)
When going to divine service on Sunday last, I met John M'FADDEN, Esq., one of the Coroners for this county, who was on his way to hold an inquest on view of the body of a child named Mary GAYNOR, aged seven years, who came by her death in the Townland of Lisnadarra, near Shercock, on Friday, the 31st ult., from her garments having ignited whilst her father, a widower, was out, as he stated, for the purpose of applying to the local Relieving Officer for relief.
The following jury was sworn:--Mr. John WARD, of Kilcrossduff, foreman; Messrs. Henry REBURN, sen., Henry REBURN, jun., Edward REBURN, James SNODEN, John Leveston, William WILSON, James BLOOMER and Edward BLOOMER.
The father of the deceased was the first witness. He was examined at great length by the Coroner. The subject of his evidence went to impugn the conduct of the Relieving Officer for not giving him outdoor relief. He was a cottier, with only a house and garden; his wife was dead; he had two children, of whom the deceased was one. On Friday last, after he and the children took their breakfast, he went to Shercock to the Relieving Officer, with a view of receiving out-door relief from him; he left his two children in the house behind him; he applied to the Relieving Officer more than a month ago for out-door relief, and he would not give it to him, but proposed to give him a ticket for admission to the workhouse, which he declined to take, alleging that if he got out-door relieve for the children he could earn his own support; he applied to the Relieving Officer a second time, and he offered him a ticket for admission again, which he did not take; he applied to him a third time, and he gave him a ticket of admission to the workhouse for himself and his family, which he lost, and consequently did not go the workhouse.
On being interrogated by the Coroner as to the reply given him by the Relieving Officer on Friday last, he hesitated, and after a repetition of the question by the Coroner, he replied that he did not recollect what the Relieving Officer told him on that day.
Coroner--Do you mean to tell me and this jury that you do not recollect what was the nature of your conversation with Relieving Officer on Friday last? Witness, after considerable hesitation, said he was so confused that he did not recollect what transpired between him and the Relieving Officer on that day. (It is to be observed that he did not hear of the death of the child at the time.)
Foreman--Did you see the Relieving Officer on Friday last at all?
Witness, after some hesitation, said he believed he did not.
Stewart SNODEN, aged about fifteen years, was next examined. He saw the child after her garments had been ignited, whereupon he ran into his father's house, not two perches distant, and told his mother, who immediately ran to relieve the child. He was examined at considerable length, but nothing particular was elicited.
[The Coroner here gave directions as to how persons whose clothes had caught fire should be treated with a view to there preservation.]
Mary SNODEN, mother of the last witness, was examined. She testified that on being apprised of the accident by her son, she threw away from her some linens which she was sewing, and ran to the relief of the child. When she arrived the child's garments were almost completely burned, and on speaking to her, after some delay, she was able to tell that her clothes took fire as she was standing beside it.
Some parties present animadverted(sic) rather violently upon the conduct of the Relieving Officer, for not having given out-door relief to GAYNOR and his family, and also for not having visited the family at their residence.
The Relieving Officer, who was present, explained most satisfactorily that he had done everything that was in his power to do. He observed that GAYNOR, being an able-bodied man, did not come under any of the classes to which he could legally administer out-door relief--that he had, on GAYNOR's first application, offered him a ticket for admission to the workhouse, which he refused to take, and that upon a subsequent application he had given him a ticket for himself and his family, the counterpart of which he produced.
A Juror here remarked that he was not an able-bodied man.
In reply to the Foreman, GAYNOR remarked that he was about forty years of age--he did not complain of any bodily infirmity--he was not willing to go to the workhouse, whilst he was able to work for his support.
The Coroner expressed it as his opinion that he came under the class of persons which was denominated able-bodied. He explained in a clear and intelligible manner the duties of a relieving officer, and the different classes eligible to receive out-door relief, beyond which a relieving officer could not extend it. He enumerated the difficulties with which a relieving officer had to contend in the discharge of his duties--how he was to be guided by the law, and by the directions of the Poor Law Commissioners--how all applications made to him required the sanction of the Board of Guardians,--in addition to which it was expected by the ratepayers that they, too, should be satisfied with his acts. He strongly urged upon the ratepayers present the propriety of employing the labouring poor in farming operations, and thus, not only to turn their labour to their own advantage, but also to lighten their burdens by keeping them off the rates.
The Foreman observed that the charges preferred against the relieving officer on the present occasion, it appeared to him, arose from a misconception on the part of those preferring them as to the eligibility for out-door relief of persons to whom the law did not contemplate that such relief should be extended. GAYNOR could not legally receive relief otherwise than by admission to the workhouse, which, upon his own shewing, he declined to accept; and therefore, in his (the Foreman's) opinion, the relieving officer was not required to visit his residence, as he refused to receive the relief which the law held out to him. He considered that the explanation given by the Coroner, in the presence of so many rate-payers, was calculated to produce a salutary impression upon their minds, and to disabuse them of the erroneous notions which they had hitherto entertained.
GAYNOR, on being interrogated, admitted that the child's clothes might have taken fire if there was a hundred of meal in his chest.
The Coroner stated that, in his opinion, as a surgeon, the child came by her death through the effects of fire, and that her body did not present an emaciated appearance which should justify the conclusion that she suffered from hunger.
The Jury unanimously found that the deceased came by her death from her garments having accidently ignited.
BALLYCONNELL QUARTER SESSION
The Ballyconnell Quarter Sessions commenced on Monday, 3rd July 1848, before P.M. MURPHY, Esq., Q.C., Assistant Barrister.
Civil Bill Entries, 270; Ejectment Entries, 4; Replevin Entries, 2; Spirit Licences granted, 3; Crown Numbers, 26.
GRAND JURY -- David GRIFFITH, James BINNY, James BERRY, Henry FARIS, John M'ANALLY, Richard NETTERFIELD, Nathaniel MAGUIRE, Terence KEEMAN, George KNOTT, William SHERIDAN, John FARIS, John KANE, Patt MURRAY, Robert PRINGLE, William GWYNNE.
James M'GAURAN, assault on Denis M'MANUS -- Bound in court to keep the peace for seven years.
James HESLIN, larceny, from the person of Bernard DONOHOE -- Three months' hard labour.
Anne GRIFFITH, larceny -- One month hard labour.
Laurence DOLAN, larceny -- Six months' hard labour.
Margaret BAXTER, larceny -- Forty-eight hours imprisonment.
Patt Malavy, larceny -- Two months hard labour.
James MURPHY, Larceny -- Three months hard labour.
CAVAN QUARTER SESSIONS
These sessions commenced on Thursday, the 6th instant, at nine o'clock, a.m., before P.M. MURPHY, Esq., Q.C., Assistant Barrister. Civil Bill Entries, 1, 370; Ejectment Entries, 28; Freeholders Registered, 1; Spirit Licenses granted, 2, appeals to magistrates convictions, 3.
GRAND JURY -- William SMITH, Henry MAXWELL, Eugene M'MANUS, William FARIS, John A. FARIS, Thomas BLIGH, William CARMICHAEL, John CLEMENGER, James GILROY, Thomas REILLY, Thomas M'Cabe, Alex. KETTYLE, James FAY, Francis CLINTON, John M'MANUS, John MORROW, Thomas HARTLEY, Henry HUMPHREYS, Hugh PORTER
ONE HUNDRED CROWN NUMBERS
Thomas SHERIDAN, cattle-stealing -- Ten years transportation.
William CASSIDY, receiving stolen property -- Twelve months hard labour.
Patt CONAGHTY, Charles CONAGHTY, and Daphny CONAGHTY, assaults -- Bound in court to keep the peace for seven years.
Cornelius TULLY, larceny -- Two months from committal.
Thomas BAXTER, Hugh MAGUIRE, larceny -- Each 3 months' hard labour.
John M'BREEN, James REILLY, Anne REILLY, Jane MOORE, larceny -- Each three months' hard labour.
Patt LYNCH, John BRADY, Patt BAXTER, larceny -- Each three months' hard labour.
James BROWN, larceny, from the person of Edwd. DALTON -- Ten years' transportation.
Joseph LOUGHNANE, uttering base coin -- Twelve months' imprisonment.
Patrick BIENS, cattle-stealing -- Eight months' hard labour.
James CROSSAN, obtaining money under false pretenses -- Six months hard labour.
Hugh M'CANN, larceny -- Ten years' transportation.
John HYLAND, larceny -- One month hard labour.
John SCOTT, larceny -- One month hard labour.
Bernard REILLY, larceny -- Forty-eight hours imprisonment.
Mary M'DONALD, larceny -- Two months' hard labour.
William MORGAN, larceny -- One month hard labour.
Michael DUNNEVY, Mathew DUNNEVY, receiving stolen property -- Each twelve months' hard labour.
Anne M'CORMICK, Edward MAGUIRE, receiving stolen property -- Each six months' hard labour.
Patrick REILLY, larceny -- Six months' hard labour.
James GORMLY, larceny -- Seven years transportation.
Anne GRADY, larceny -- Three months' hard labour.
Bridget TIGHE, receiving stolen property -- Two month's hard labour.
BAILIEBOROUGH SESSIONS -- Wednesday, December 29.
Whilst the Assistant Barrister was proceeding with the civil bill business, Mr. Richard Major HASSARD, addressing his Worship said, "Sir, I have a matter of much important to myself and family to lay before your Worship, but I will not proceed in the absence of Mr. Bailie, the police officer.
Barrister, to Mr. HASSARD -- If you will be so good as to wait until the civil bills are disposed of, I will hear you with pleasure.
Mr. HASSARD, bowing, and sitting down, thanked his Worship.
In the course of an hour or so Mr. BAILY came into court; who, sitting opposite Mr. HASSARD, waited for some time, and, addressing Mr. H. said "I cannot wait longer, I am obliged to go home.
Mr. HASSARD, to Mr. BAILY -- Address the bench, Sir, and tell the Barrister you must go.
Mr. BAILY to Mr. HASSARD -- I will not, Sir.
Mr. BAILY then sat down, and after ten minutes or a quarter of an hour he arose to depart, telling Mr. HASSARD "he was going, and would not wait."
Mr. HASSARD to Mr. BAILY -- "You had better sit still, Sir." But, on Mr. BAILY rising to depart, Mr. HASSARD addressing his Worship said "Sir, Mr. BAILY is going away."
Barrister -- Well, Mr. BAILY, what is all this about?
Mr. BAILY to Barrister -- Sir, Mr. HASSARD told me you wanted me.
Barrister -- I do not, Sir.
Mr. HASSARD to Mr. BAILY -- But I do; I did not tell you the Barrister wanted you; but I told you "I intended making an application to his worship in which you and others were concerned; but that I would not make the application behind your back; and I demanded an answer from you, in those words, "will you attend?" which question I asked you three times; and you answered "No.".
Barrister -- Pray, Mr. HASSARD, proceed, what do you want me to do?
Mr. HASSARD -- Sir, I came down to reside in this country with my family, intending to live upon the most friendly terms with our tenantry, but they won't let us; we defy any one around the entire county Cavan, to prove we are either tyrants or exterminators, and yet they want to drive us from our property; but while I have a hand to save, or can obtain any law or justice at all here, I will never be driven from this country.
Barrister to Mr. HASSARD -- I think you are quite right, sir. Mr. HASSARD -- I regret, sir to have to inform you, the danger we apprehend comes from the party I have ever been devoted to, for the last thirty years of my life, I mean the Orange party; and, sir, believe me, when I speak thus -- their conduct must have been base and infamous; we are in possession of property now upwards of six-and-twenty years, and this is only our third visit here. It is my intention to make an application to the government, in consequence of a denial of justice; I accuse Mr. WILCOX, R.M., Messrs. MORTIMER and SMITH, of the Mullogh bench, of being themselves in fear of the Orangemen, and unwilling to do their duty as magistrates against the Dartamine gang, who have threatened my life, and that of Mrs. HASSARD and my son. Sir, I demand, and I require your protection, for myself and family; I am actually afraid to cultivate our land, two miles from this.
Barrister to Mr. HASSARD -- Do you want or require me to cultivate your land? (laughter)
Mr. HASSARD -- No Sir, I do not; but as I have written to the Lord Lieutenant, Mr. WILCOX, and Captain BAILY, for protection, and have not received such, I now again, Sir, call upon you as an upright and impartial Judge, to grant me the aid of the police.
Barrister to Mr. HASSARD -- Your proper course is to apply to Colonel M'GREGOR, the Inspector-General of police, whose province it is to give you the assistance you require.
Mr. HASSARD -- I have received no less than five Molly Maguire notices; and was it not the duty of Capt. BAILY, who is right well paid for his services, when he ascertained that I had written to the Lord Lieutenant, to make some enquiries relative to the matter? And I now call on him (Captain BAILY) to say why he did not do so?
Mr. BAILY -- Your Worship, am I to answer Mr. HASSARD?
Barrister -- No, unless you wish to do so, but I thought you wished for a full investigation Mr. BAILIE -- I wish to know the date of the Molly Maguire notices, to which Mr. HASSARD alludes?
Mr. HASSARD -- One of them was received only a week ago.
Mr. BAILIE -- I heard nothing about any notices having been served on or sent to Mr. HASSARD except one which was served about two years ago.
Mr. HASSARD then produced a number of papers, and read aloud one of them as follows:--NOTICE.
Any person found on this farm attempting to occupy as a tenant for seven years from the date of this notice will be shot like a dog.
Parish of Clone, May 11, 1846.
To all whom it may concern.
Mr. HASSARD then stated that those notices came from the Orangemen of Drutamine, who had threatened the lives of his family, his lady, and his son, a minor. Mr. HASSARD then addressed Mr. BAILIE, and said -- Sir, in consequence of the extraordinary communication I have received from the Government in reply to my call for protection, I beg to call on you for a copy of your letter to the Lord Lieutenant. I am induced to make this application in consequence of an extract of Mr. REDINGTON's letter, viz--
"Of course, you shall have the protection of the Public force, if you comply with the rules of the Constabulary code."
Mr. HASSARD, in continuation said -- Now, Captain, I really do not understand this, particularly as Government neglected to forward me a copy of the 'Constabulary Code.' Now, Mr. BAILY, I ask you again, what did you state to the Government respecting my appeal for protection? Let me see the copy of your letter. Can you state now, out, honorably, what did you tell the Lord Lieutenant? Did you state the country was quite peaceable?
Mr. MAHAFFY (Captain BAILY's brother-in-law), to Mr. B. -- Don't answer that question.
Mr. HASSARD -- Oh! Very well, Mr. MAHAFFY. Did your Worship hear that? Mr. BAILY's mouth as well as his ears are closed up. Go to prayer, Captain, the Orange Lodge (laughter). Turn about and let us look at your pretty face, and whiskers (laughter).
Here Mr. James ARMSTRONG, attorney, in a facetious and humorous manner, addressed Mr. HASSARD, and said -- It appears that you are anxious to rival the oratorical display of Mr. REDDY in this court (laughter).
Mr. HASSARD -- If I had the handsome mouth, and musical voice, and deep intonation of you, Mr. ARMSTRONG, I might presume to do so (laughter).
Mr. ARMSTRONG -- Mr. HASSARD, if you write to his Excellency, to have this district put under the operation of the common act, pray inform his Excellency that it was yourself that created all the disturbance in it (laughter).
Mr. HASSARD -- If it was against the poor Roman Catholics that I complained, you would not take up their part so warmly -- but I can tell you, sir, that as the Green did not put me down neither shall the Orange.
Thus ended this extraordinary comedy.
TRIM QUARTER SESSIONS
(From Our Own Correspondent)
The quarter session for the Dunshauglin division of the county commenced on the 27th December, before the Hon. J. PLUNKETT, Assistant Barrister.
Registries, 39; Conservatives, 12; Liberals 27; Rejected-- Conservatives 1; Liberals, 4.
Civil Bill Entries, 218; Ejectments, 3.
The following grand jury were sworn:--Robert WILLIAMS, foreman; Richard L. O'REILLY, Wm. SMITH, Thos. RUSSELL, John WILKINSON, Patrick MAHER, George P. NEWNAN, Mathew FULHAM, William PATTERSON, Philip PURDEN, Edward PURDEN, John ROBERTS, Bartholomew PURDEN, Henry Cox CHARLTON.
There were 43 Crown cases, principally larceny, stealing potatoes and turnips.
One woman was indicted for stealing one stone of potatoes from the Rev. Robert O'REILLY, P.P., Ballyver, pleaded guilty.
Thomas HALY, from the county Wicklow, pleaded guilty of stealing a horse, the property of Thomas FLYNN, and was transported for seven years, as was John REILLY, for sheep-stealing.
Two men pleaded guilty for stealing six geese, and are to be imprisoned for nine months.
The sessions were adjourned to the 8th of February.
NAVAN QUARTER SESSIONS
(From Our Own Correspondent)
The Quarter Sessions for the Kells division commenced on the 29th December, before the Hon. J. PLUNKETT, Q.C.
There were 896 Civil Bill Entries.
Registries, 21; Conservatives, 5; Liberals, 16; Replevins, 8.
The following grand jury were sworn:--George WENDOR, foreman; William MORGAN, James AYLMER, Robert SKELLY, E. MARKEY, Thomas O'CALLAGHAN, John MEDGE, James CULLEN, Thomas JOHNSON, Richard LEONARD, Henry BLACKBURN, James DREW, E. WILKINSON, James HALY, James W. LOUGH, George WARREN.
There were 85 Crown cases, of these were--grievous assault, 2; forcible possession, 2; riot, 1.
Silvester CHAMPAIGNE, of Kingscourt, for embezling (sic) a renewed decree, at the suit of John PARKER v. James DEUNIES, was sent for trial to the assizes, as was also Patt FINNEGAN, for obtaining £3 from James DENNIES, under false pretenses.
The larceny cases were for common assaults.
The sessions were adjourned to the 14th of February, in consequence of the Barrister being obliged to attend the Special Commission at Limerick.
On Wednesday morning, at the Union Workhouse, Cavan, of fever, Mrs. BOYD, matron, sincerely deplored by an extensive circle of friends; the paupers of the house particularly regret her, as she was to them more like a mother than one entitled to command.
On yesterday evening, Mr. James MAGUIRE, of this town, after a lingering illness
THE PROCLAIMED DISTRICTS
The Lord Lieutenant held a privy Council at the Castle on Monday, which was attended by the Archbishop of Dublin, the Duke of Leinster, the Bishop of Meath, Lord Cloncurry, the Master of the Rolls, Lieut. Gen. Sir E. BLAKENEY, Baron LEFROY, Mr. Justice BALL, Mr. Justice MOORE, the Right Hon. R., KEATINGE, the Right Hon. R. W. GREENE, and the Chief Secretary, Sir W. SOMERVILLE. Proclamations were order to be issued, and which appear in an "Extraordinary Gazette" issued on Tuesday morning, extending the Act for Prevention of Crime in Ireland to the following districts, from and after Saturday, the 8th of January--Barony of Longford; the parishes of Ballynakill, Clonrush, Duniry, Tynagh, and that part of the parish of Inniscaltra, situate in the barony of Leitrim, all in the county of Galway. The barony of Clonawley, county of Fermanagh. Barony of Tullyhaw, and the parish of Drumlane, in the barony of Lower Loughtree, county of Cavan.
FLOODS IN LOUGH ERNE -- For many years the floods had not risen so high in Lough Erne, as they are at present. Enniskillen Royal Barrack is nearly an island--three or four inches higher of water would enclose the Barrack as by a moat, while a considerable portion of the Dublin road is flooded, together with the yard of many persons in the town. The great rains, and the opening of new rivers in the Erne, under the drainage act at Belturbet, Ballyconnell, &c., have caused this great inundation; and if drainage continue, as it probably will, and that the waters rise in the same ration, it will become necessary to create an increased outlet for the water at Belleck, else drowning of Enniskillen might not be problematical as it has hitherto been considered, and which has been pronounced by the "the oracle" to occur "when a rush bush grows in the Diamond of Enniskillen." -- Impartial Reporter.
The Roman Catholic Clergymen of Magheracoolmoney and Drumcheeran, have, on the past Sundays advised their congregations to remain within door after night; and expressed it as their determination should a necessity arise to organise a rural police, as peace protection force to assist the regular constabulary in maintaining peace and order-- in fact, do every thing rather than let the district be proclaimed Ibid.
THE COERCION BILL--The Lord Lieutenant of Ireland is applying the District Coercion Bill as if he meant to prove to the Irish that it does not need a wider statute to enforce order. If he can instill that lesson into their minds he will save many a future coercion act. It was indeed high time to begin such practical instruction-- notices threatening murder are distributed with a lavish and wanton lawlessness; in some places the gentry are flying, leaving those who cannot fly to the vengeance of a criminal spirit pampered by the flight; and in other parts we see that Protestants are threatening a retaliation by shooting a priest for every murdered man. The people of Ireland are acting as if there were no law for the restraint of murder. It will need a firm and energetic exercise of power to assert the bare presence of the law--it should be made manifest to all alike--to the murderous Protestants as well as the Roman Catholics; and it would be well if gentry belonging to the proclaimed districts would return to their posts, to aid Lord CLARENDON by their local knowledge and their example in maintaining order. -- Spectator.
On Saturday last, Alderman Michael ROGERS was inaugurated Chief Mayor of Drogheda.
January 14 1848
MONAGHAN PETTY SESSIONS
Magistrates present:--John JOHNSON and Robert THOMPSON, Esqrs.
There were 58 cases brought before the court of persons having omitted to pay their poor rates--upon which the Magistrates adjudicated by granting warrants.
Hercules ELLIS, Esq., Barrister-at-Law, appeared for Mr. MORPHY(sic), and delivered the following speech, notwith- standing which the Magistrates granted a warrant against Mr. MORPHY, subject to the opinion of the Law Advisers of the Crown:--
Mr. ELLIS--In this case I am counsel for Mr. MORPHY--on his behalf I call upon your worship to refuse this application for a warrant against him. This warrant is demanded upon the ground that a sum of £11 3s. 3d. is legally due by my client to the poor law guardians of the union of Monaghan. This is the alleged and indispensable ground of the application. Unless your worships are fully convinced that this sum is legally due by my client to the guardians of this union, you have no right to grant this warrant. Now, I am here this day to argue, and I am confident also to demonstrate, that Mr. MORPHY does not legally owe one farthing to the poor law guardians of the union of Monaghan. I do not intend to rely upon any trifling or technical objections to the proceedings in this case. My defence goes to the very root of the right of the poor law guardians, or of the state itself, to impose or levy a poor rate--I admit that this position is novel--I acknowledge in this ground of defence is made for the first time in a court of justice-- but I need not tell this bench of intelligent and education gentlemen that there must be a first time of making every claim, nor need I remind them that there is scarcely a single right belonging to the British public that was not long asserted, long contested and long denied. It is not the duty nor the province of this bench, nor of any other court of justice, to consider or decide whether the grounds of defence presented to it be new or old, common or uncommon; but it is their duty, and their sole duty, to consider and to decide whether such grounds of defence be true, and just and legal. The propositions upon which I rely for my client's defence are the following three:--
First--That by the several articles of the treaty of union between Great Britain and Ireland combined with the act of the 56th Geo. III., c. 98, the imperial parliament is restricted in its powers of taxation, and is at present only competent to impose and levy equal taxes upon the same articles in both countries, subject to exemptions and abatements in favour of Scotland and Ireland.
Second--That the poor rate is not an equal tax imposed upon the same articles, and that consequently it is a tax which the imperial parliament is by the 7th article of union forbidden to impose or levy.
Third--That a statute of the imperial parliament cannot abrogate or annul the articles of union between Great Britain and Ireland; and that if any statute should attempt to abrogate or so annul any of those articles, it is, so far as it attempts to do so, null and void.
Now, if I can demonstrate that these propositions are unquestionably true, I submit that this bench cannot legally grant a warrant against my client. If I prove that the treaty of union limits the powers of the imperial parliament, and forbids that parliament to levy any taxes, excepts taxes of a certain class--if I demonstrate that the poor rate is not a tax of that class, but is a tax of that class which the treaty of union forbids the imperial parliament to impose or levy--and if I establish that no statute can abrogate or annul any article in the treaty of union, then I dash to pieces all legal grounds for this warrant. (Transcriber's note: Mr. ELLIS goes on at great length, citing many cases.)
Mr. JOHNSTON--This defence has been urged with much force, but it is entirely new. The bench will therefore, under this circum- stances, call upon the law officers of the crown for their opinion.
Mr. ELLIS--I feel that having demonstrated my client's right of exemption, I am entitled to call upon the bench to dismiss this application against him.--But if the bench desire the opinion of the law officers, I should be sorry to interpose any difficulty.--However I beg leave to urge upon the bench the propriety of carefully drawing up the case, so as to prevent doubt or ambiguity.
Mr. THOMPSON--I think the bench ought to grant the warrant, subject to the opinion of the law officers of the crown.
Mr. ELLIS--This puts my client in a worse position than I think he ought to hold, but I am ready to consent to this arrangement provided the case be put to the law officers clearly, and provided also they be called on to state the grounds of their opinion, as I have stated the grounds of my defence.
Mr. JOHNSTON--I think there can be no difficulty in settling the case, and I am quiet(sic) willing to attend at any hour to-morrow, for the purpose of meeting the parties and settling the case. If ten o'clock would be convenient I could attend at that hour.
Mr. ELLIS--That arrangement will suit all parties perfectly. -- Northern Standard.
CAVAN QUARTER SESSIONS.-- These Sessions terminated on Wednesday night. Only one case of importance came before the Court since our last publication. William ANDREWS, who was serving processes for Nathaniel MONTGOMERY, Esq., on defaulting tenants, in the neighbourhood of Belturbet, was driven off the lands by a mob, and the service of the process prevented. The Barrister ordered the Civil Bills to be entered by the Deputy Clerk of the Peace, Mr. CAFFREY, and to then posted in some public place adjacent-- which posting was sufficient to answer all the purposes of actual service--according to the 1st Victoria, chap. 43, sec.2.
SUDDEN DEATH--On Tuesday morning last, the body of a man named Patt COX was found partly in a state of nudity, in a field convenient to the Constabulary Barracks, in the vicinity of Farnham. The Coroner, Dr. M'FADDEN, held an inquest on Thursday, when it appeared that the deceased was subject to fits of insanity. The jury returned a verdict that "the deceased died of conjestion of the brain, aided by the coldness of the night, having been of unsound mind for better than twelve months."
THE TOWN OF CAVAN--A correspondent reminds us that a century ago this ancient town was famous for its cutlery. He states that at Caergwirli, a village in Flintshire, the smiths without any capital, save industry, manufacture knives and all sorts of agri- cultural implements, which are preferred to any other over Wales, Cheshire and Lancashire. The late failure of Sir William GLYN's iron works, arose from an attempt of the wealthy Baronet to compete and undersell these four men. Again, the townland of Killinavara, near Cavan, was famous for the growth of mustard all over Ireland; where are these two sources of industry gone?
THE PROCLAMATION--His Excellency the Earl of Clarendon has proclaimed the barony of Upper Loughtee, in this county. A corres- pondent wishes to know which division of the barony the Queen's Lieutenant intends. The name "Loughtee" means the chief lot. O'REILLY, Dynast of East Brefni, from "the dawn of the world" retained this division as his measal lands. Geographically speaking, the southern division must be the one his Excellency proclaims, Gregory GREENDRAKE, in his celebrated fishing excursions, published in the WARDER, some twenty years since, says the hills of Cavan are O'REILLY's; and so they are, and so they shall; scarcely a gentleman of the county who is not descended from that "fallen house." The genealogy of the Earle of Carrick shows a descent from Gelasius O'REILLY, Duke of Brefni(so styled by Edward the Second), so that Lord Farnham is not only de facto but de jure Lord of Cavan. The ORMONDS, the LEINSTERS, the NUGENTS, the FLEMINGS, all the Barons of the pale, include O'REILLY amongst their progenitors, why talk of strangers? In fact, we are all Anglo Celts, Clanmahon was so named from Mahon O'REILLY, a great Chief of the sixteenth century.
TRIM STEEPLE CHASE will come off on Thursday, the 10th of February, for a sweepstakes of 6 sovs. each, 40 sov. added. On the same day, a sweepstakes of 2 sovs. each, with a lady's purse containing 20 sovs., will be run for. We had expected to supply our sporting friends, through our advertising columns, with all the necessary information as to the order of running, &c.; perhaps we will be enabled to do so next week. We regret to hear that Mr. MITCHELL has resigned his situation as Master of the Cavan Workhouse, in consequence of the great afflictions he has met with, in the death of Mrs. MITCHELL, from fever, in August last, and of her sister, Mrs. BOYD, the late Matron, from the same disease, on the 5th of this month. His resignation will be generally regretted by all who take an interest in the affairs of this Union, as under his judicious and efficient management the institution has progressed so as to entitle it to the name of the "Model Work-house of Ireland."
TENANT-RIGHT MEETING IN MONAGHAN A most numerous and respectable meeting of the farmer and peasant classes of the district was held on Tuesday in the neighbourhood of Ballybay, to petition parliament in favour of tenant-right. The assemblage consisted of Roman Catholics, Presbyterians, and Protestants, Orangemen and Repealers. A party of dragoons was in attendance, but their presence was wholly unnecessary. The Proceedings passed over in a satisfactory manner, and the most perfect unanimity pervaded the meeting.
SERIOUS ACCIDENT--The following should have appeared in our last but was omitted. On the night of the 8th ult. the servant maid of Mr. Joshua WACHOB, of Drumacara, near Bailieborough, having entered the bed-room, lifted a copper powder flask which lay on the table containing half a pound of gunpower, she let the powder come in contact with the candle, when the powder exploded and broke eight panes in the bed-room window, a beautiful looking glass worth a pound; a dressing-table, and another table stood in the room and set the bed- curtains on fire. The shock burst open nearly every door in the house; fortunately Mr. WAUCHOB (sic) was at home at the time and got the flames extinguished before they had done any damage--and very fortunately for the servant, Dr. M'FADDEN, visited Mrs. WACHOB, a few minutes after the accident. The good deal lacerated by the flask and her face is slightly burned, which is all the damage she has sustained.
UNITED STATES--A CATHOLIC BISHOP PREACHING BEFORE CONGRESS!--The Washington papers received by the Boston steamer, mention the remarkable circumstance of the selection of the Right Rev. Dr. HUGHES; formerly of Ireland, now of New York, to preach before Congress, on the invitation of the Members of both Houses, on Sunday, the 12th December. The discourse, which had for its subject Christianity, as the only true moral, social, and political regeneration for man, was pronounced in the Hall of the House of Representatives.
DARING ATTEMPT AT ASSASSINATION IN THE COUNTY LEITRIM-- On Saturday, the 8th instant, at about four o'clock in the afternoon, as John QUINN, accompanied by John FOLEY, was proceeding to the lands of Ardra, the estate of John BROWNE, Esq., to execute commands he had received from that active and most efficient land agent, William LAWDER, Esq., of Mough, he was met on the high road by a man dressed in womans clothes, with his face blackened, who came up to QUINN and FOLEY, and desired FOLEY to go home, and QUINN to fall upon his knees untill he should shoot him. FOLEY commenced shouting "murder" and ran away; but QUINN, although unarmed, bravely refused to comply with the mandate, and seized stones to throw at the assasin, who fired at him, but providentally without effect, although the ball passed close by QUINN's coat, and the wadding lighted upon his shoe. QUINN nothing daunted, continued firing stones at him, and the blood-thirsty ruffian dared not fire the second pistol he held in his hand, well knowing, from QUINN's courage and coolness, that should his second shot prove as ineffectual as his first, QUINN would have arrested and handed him over to justice; such, however, was the deadly intent of the assassin, that when QUINN made him retreat to the ditch on the road side, he deliberately proceeded to reload the pistol he had discharged, intending, no doubt, to fire again at QUINN, at the same time to retain a loaded pistol to protect him from QUINN's arrest; QUINN seeing him thus preparing a second attack, went to an adjoining house, and asked the loan of a gun or pistol, that he might capture him, which it is necessary to say, he was refused, the assassin always receiving protection.--When QUINN came out of the house, he saw the ruffian running away; and thus he escaped through several men, who were digging close to the scene of outrage, and never offered QUINN the least assistance. Too much praise cannot be given to QUINN, as by his valliant conduct, supported by the Ruler of all things, he made the assassin's hand tremble, and hereby saved his life, and prevented any addition to the dreadful catalogue of murders which have long disgraced our country. We sincerely trust our high- minded Viceroy will bestow upon QUINN a just reward, for his unexampled bravery, and that immediate steps will be taken to disarm the proclaimed portions of this county, in which at present life is not worth an hour's purchase. Our much respected local magistrate, John LAWDER, Esq., assisted by our active Sub-inspector, John LODGE, Esq., are taken most efficient measures to find out the perpetrators of this crime, and we earnestly hope their exertions be crowned with success.--Evening Mail
Jan. 2, at Kilmainham Wood, co. Meath, Mrs. Eleanor FORSTER, relict of Francis FORSTER, Esq., of Keadue, near Cavan, in the 90th year of her age.
Jan. 3, at Killenkere, Jane, wife of Mr. Thomas HORNER. She had attained to the extraordinary age of 103 years, and her death took place upon exactly the sixty-third anniversary of her marriage.
January 21, 1848
SUMMARY OF NEWS
The barque Bangelore, (convict ship), arrived in Kingstown Harbour, Monday, January 17; Surgeon MAURICE, R.N., superintendent; Lieutenant D'OLEY, Ensign HAGUE, Sergeant of the 96th regiment, 26 privates of the 96 Regiment, and 23 of the 11th, who form the guard.
THE LATE REV. T. MAGUIRE--We regret to learn that there are just grounds to apprehend that the late Rev. Thomas MAGUIRE, P.P. , of Ballinamore, come by his death by some unjust means. It appears that the rev. gentleman had for some time previous to his death his brother and sister-in-law and other persons living with him, each of whom generally enjoyed good health. On Friday morning the 7th inst., his brother complained, and during the evening of that day, the gentleman's wife also complained, they retired to bed, but the illness, we presume, appeared so trifling that no medical aid was called in, yet on Monday morning the death of Mr. MAGUIRE was announced to the neighbours, and on the evening of that day it became known that Mrs. MAGUIRE had also departed. It having been reported that the parties lied of malignant fever, no great excitement was created in the minds of the people about the place; however, the authorities very properly conceived it would be well to hold an inquest. A post mortem examination took place; two surgeons attended, but they were not able to ascertain the cause of death. Neither of the bodies had any appearance of having died of fever, and the blood generally was found in a fluid state. Under all these circumstances, it was thought prudent to send the stomachs and intestines of the deceased persons to the Central Board of Health, for the purpose of analyzation. The remains of the Rev. T. MAGUIRE were exhumed on Friday, for the purpose, if possible of ascertaining the cause of his death; but we are so yet ignorant of the fact, or the result, if such investigation has taken place.--Boyle Gazette.
THE CELEBRATED TEMPLEDERRY WALL--Orders having been sent from the Castle to resident magistrate of Nenagh to take a sufficient force to level the Templederry wall, and to direct the county surveyor to be present. On Wednesday morning thirty of the Queens' Bays, 50 soldiers of the 77th, and 40 of the constabulary, left Nenagh and proceeded to Templederry accompanied by the county surveyor and the resident magistrate. Previous to their arrival the Rev. Mr. KENYON was engaged in repairing with gravel a rough passage which leads to the chapel-house, and performing some other necessary work in the glebe field, which was enclosed by this wall. When he perceived the military and police he entered his dwelling; out of which he did not come during the levelling. There were only about thirty or forty persons assembled, who quietly looked on. The dragoons were stationed at the upper and lower ends of the wall, while the police and military took up t heir positions in a field next the road, when Head-Constable HAYES divided his men into five parties, ordered them to lay down their firelocks, take off their belts, &c., and told them the duty devolved upon them of levelling the wall. They then armed themselves with crow-bars, and demolished every portion of the wall in an hour and a half. The police and military then left the ground, and arrived in Nenagh at three o'clock .--Nenagh Guardian
REBUILDING OF THE WALL--We have just learned that the wall has been again rebuilt.--Ibid
January 13, in Bailieborough Church, by the Ref. Charles Claudius BERESFORD, William CHAMBERS, Esq., of Bailieborough, to Mary, second daughter of Mr. Henry ADAMS, Postmaster of that town.
Yesterday, Mr. James KINEALY, of Drumealis, of influenza.
On Wednesday, at Loughsheelan, Mr. John STRONG, of decline.
MELANCHOLY CASE OF SUICIDE. On Yesterday morning, a respectable young man named Samuel BROWNLEE, committed suicide at the residence of his father, in Lisdarran, near this town. The deceased possessed hitherto, a most harmless disposition; he had rather a contemplative mind; and for some time past showed symptoms, in his expression and conduct, of a weak intellect. The great fog of yesterday morning, we suppose, tended to increase his depression of spirits; and immediately after rising out of bed, he procured a razor, went outside to the end of the house, and there committed self-destruction by cutting his throat. A coroner's inquest was held this day, by Dr. M'FADDEN, and the jury returned a verdict of "temporary insanity."
INCAUTIOUS USE OF FIRE ARMS--On Wednesday evening a shopboy in the employment of Mr. Edward KENNEDY, of this town, discharged a pistol at a poor idiot who was standing in the shop, thinking that it was unloaded, and a ball which it contained struck him in the mouth, breaking his teeth, and causing him to bleed profusely. He has been brought to the Infirmary, where, we are glad to learn, he is recovering fast, under the care of Dr. ROE. We hope that this occurrence, by which the life of a human being was endangered, will prove an effective and a final caution against an incautious use of fire-arms or other dangerous weapons.
A CLEVER ROGUE--On Wednesday last, a man of the name of MAXWELL, from Drumsilla, requested two sacks of meal, in his shop in Main-street, Cavan, until he would send for it; a strange fellow who was present at the time, returned shortly afterwards, and said he was sent for the meal; whereupon he was allowed to decamp with it, there being no suspicion attached to him; and the robbery was not known until MAXWELL himself returned, and discovered the fraud that was committed.
PUBLIC BAKERY IN CAVAN--It affords us pleasure to have to announce that a bakery has been established in Cavan for the benefit of the public by some respectable inhabitants of the town. We understand that the manner in which it is conducted, and the very moderate price of the bread, which is invariably sold by weight, afford the greatest satisfaction
METHODIST TEA-PARTY--A tea-party was held in the Wesleyan Chapel, Bridge-street, Cavan, on yesterday evening; it was very numerously and respectably attended and passed off with eclat.
MEATH--A Barony Meeting, to finish the Roads which are now nearly impassible, in the Barony of Lower Kells, is now called, to be held at Kells, on Monday the 24th instant.
January 28, 1848
THE REV. T. MAGUIRE'S RELATIVES:--The Evening Post received this morning states that Dr. BRADY of Gardiner-street, Dublin, to whom the stomach of the brother of the late Rev. T. MAGUIRE, as well as the stomach of his brother's wife, have been sent up for analyzation, swore on this day, before the Head Office of Police, that the stomachs of both Mr. and Mrs. MAGUIRE contained a large quantity of arsenic. They had been in Dublin for the purpose of administrating to the will of the late Rev. T. MAGUIRE, and had only returned to the country three days before their dissolution. The parties supposed to be implicated in the transaction have fled.
"THE REIGN OF TERROR IN CAVAN"
A letter appeared in the Warder of Saturday and the Evening Herald of Monday, signed "Nemo" and dated from Ballyhaise, commenting on the paragraph which we published some weeks ago, under the above head, denying the existence of the Reign of Terror in this locality. Who is the Ballyhaise "Nemo?" and why does he adopt a signature made famous by the literary editor of this journal? The contemtible trick of this vulgar plagiarist is too transparent to require exposure from us.
To his statements, however, The writer charges us with several very grave offences. 1st. That the Anglo-Celt is a "Romish" journal in DISGUISE; 2dly, That it extenuates the crime of murder, and sympathises with the disturbers of the public peace, those deluded wretches, who have, in other places filled the land with violence, and drawn upon us, as a nation, the well-merited execration of the world; 3rdly, with having departed from our original promise of seeking to "infuse more enlarged love among the people;" 4thly, with wilfully suppressing known facts, and stating falsehoods; and 5thly, with being one of a "factious and disaffected press."(!)
A formidable indictment truly, but most illogically sustained. In the first place, we defy this scribbler to point out a single instance in which this Journal inculcated "Romish" doctrines, covertly or otherwise--or yet, the peculiar doctrines of any church. We profess a more catholic faith, untramelled by any creed, and for proofs of the stern maintenance of this profession, we appeal with confidence to every number we have already issued. But if it be "Romish" to assert the duties as well as the right of all classes--to teach the gentry that something more is demanded of them than the suppression (imperatively as it is called for) of crime--then, indeed, we are "Romish." The remaining charges are equally unfounded at the first. We yield to none in determined opposition to murder and all other crimes; and in the carrying out of this opposition we deemed it our imperative duty to contradict the absurd rumours of the lawlessness of our county which were being busily circulated by a really "factious and disaffected press."
We had intended to deal at length with the charges perferred against us, but for want of space must forego the pleasure. Thus we dismiss, for the present, this hooded slanderer.
THE RIGHT TO LIVE
Tenant-right has this clear advantage over other popular questions, that it can be settled at home.--The British Parliament need never be permitted to mix or meddle in the matter, beyond a simple declaratory act stating what the law is. It is a contest between two Irish interests, to be arranged sooner or later, hostilely or amicably on Irish ground. But something more than Tenant-right meetings is necessary to this result. The meetings have already done their primary work in evoking the sentiments of the country, north, and south, and centre. But their successes have not been followed up or turned to any practical and permanent account.
Now, we think the time is come to take stock of this agitation--to calculate what it has gained--to mark out, and establish, the exact limits of its success. For example, many landlords of large property, and a multitude of small gentry, have declared for the principle. Lord CLONCURRY, Lord MILTOWN, Lord WALLSCOURT, Mr. Sharman CRAWFORD, M. E. B. ROCHE, Mr. WILSON, Mr. MORGAN, and many other large proprietors are among this number.
Here is a substantial beginning. Why should not the Tenant League get a DECLARATION signed by these noblemen and gentlemen, establishing Tenant-right as the law and custom of their respective properties. This would be taking possession of their conquests. But moreover, it would be a weapon to gain the rest of the battle. For in winning men to concessions, a little example is worth a great quantity of advice.
Get such a declaration, fortify it with the signatures of the northern landlords who already admit the usage, and it will be the Magna Charta of the farmers of Ireland. They can carry it to their landlords with the treble assurance of a strict right, an established custom, and a wide example. Good landlords will admit it freely and bad ones will think twice before they refuse.
Let us see, too, what the absentees will say to it. The London Companies , and the London Lords, who enjoy so many of our fat acres, will they refuse to follow the example of the resident landlords?-- Will they still trample and prey upon their yeomanry? We guess not. We think we may promise that these excellent persons--for reasons of their own--will not stand out longer than the natives.
Many a landlord, who looks sulky or stormy, is ready enough for a truce with his tenantry on any resasonable pretence. Show him this good example and we warrant he will not be deaf to justice and policy.
With a Central League of prudent and practical men to do this work, and a stern agitation at its back, it would rapidly succeed--not in a day, or a season--far(sic) no social struggle moves at that pace-- but in good time. Let them hang up in their council-room a map of Ireland, on which every district whereon Tenant-right is conceded shall be immediately coloured orange and green; and if they have zeal and discretion, county after county will be added to their conquests, until there is not a blank on their map, or a slave estate within the four seas.
January 23, at Bellamont Forest, Cootehill, the lady of Richard COOTE, Esq., of a son.
Jan 21, in London, Viscountess ADARE, of a daughter.
Mr. Wm. CARROLL, of Bruff, co. Galway, at the patriarchal age of 90 years, to Johanna CONNELL, aged 15 years.
Jan. 14, at Carthage House, Culdaff, county Donegal, the Rev. James KNOX, aged 92 years and 9 months.
Jan. 13, Major J. STAUNTON, of the Royal Vet. Bat.
DEATH OF THE REV. CHARLES GAYER.--We deeply regret to announce the death of this useful clergyman, whose successful labours in Dingle and its neighbourhood for the last thirteen years have carried for him so much well-merited reputation. The melancholy event took place at Dingle, of typhus fever, on Thursday last, the 20th inst., and adds one more name to the sad list of Protestant clergymen who have fallen victims to their devoted zeal and over-exertion in the cause of the suffering poor of all religious denominations. We believe their (sic) was not a more useful man in the south of Ireland, and his loss will be long felt through the impoverished and populous district which was the scene of his labours. He has, we understand, left a large family to deplore his loss.
County Cavan Newspaper Transcription Project
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