Published in Cavan, county Cavan
July 7, 1848
THE 12TH OF JULY
Processions of Orangemen will take place in various parts of this county, and Ulster generally, on the approaching anniversary of the Battle of Aughrim. These demonstrations do not appear to give Roman Catholics so much offence as formerly, inasmuch as they are beginning to see in them the recognition of a great principle--that is justifiable to set aside Kings and Governments by violet means when they unjustly trench upon the rights and liberties of the people. A dangerous doctrine to be propounded in these eventful times. We have little doubt the day will pass over quietly. We hope parties who are opposed to those proces- sions will allow them to proceed and disperse without molestation, as the men engaged in them are only wasting their own time, and might be far better engaged in attending to their various employments.
DEATH OF HUGH M'DONALD, Esq., M.D.--This eminent physician whose illness we announced in our last publication, departed this life on Friday night, the 30th instant, at his residence in this town. He was in the 75th year of his age, and for upwards of thirty years Physician to the Cavan Fever Hospital. He was a man of rare talents, learning, and general acquirements. His great professional skill brought him into extensive practice amongst all classes and creeds; and the qualities of his head and heart laid their best development in the exercise of those humane and generous virtues which illustrate the character, though they often fail of adding to the fortune of the great and good physician. As he lived beloved and respected by all within the sphere of his labours, so he has carried to his grave the deep regret and the affectionate remembrance of the whole community. His celebrity had reached the metropolis, and he was highly valued for his learning abilities, and manly charater by the most distinguished of his medical associates. This excellent practitioner died of fever contracted in the discharge of his professional duties; and his death thus adds another eminent name to the sad catalogue of those who have recently fallen victims for the public good in a service which yields but scanty recompense to its living professor, and makes no public provision in favour of his surviving family against the risks and disasters necessarily attendant on its venturous practice. Doctor M'DONALD, we regret to say, has died in very straightened circumstances, and left a family of children to deplore the bereavement of a father who never witnessed distress in others without active sympathy, and who was too generous to amass a fortune by the exercise of an art whose primary object and noblest grace is the relief of suffering humanity. The moral remains of this distinguished man were conveyed to Killoughter for interment on Monday, and the funeral was attended by a very large number of his friends, and the gentry and poorer classes of the town and neighbourhood.
BAILIEBOROUGH SESSIONS--An extraordinary scene ensued in the Court-house, Bailieborough, after the termination of the ordinary sessions' business, between R. M. HASSARD, Esq., and other gentlemen. It arose out of a case which we published last week, in which Mr. HASSARD was plaintiff, and some tenant defendants; the Grand Jury ignored the bills against the latter. Mr. HASSARD charged several gentlemen with corruption, and read the Barrister a lecture for partiality in this decision. The Barrister refused to commit Mr. HASSARD for contempt of court, although requested to do so by other magistrates on the bench, excusing him on the ground of insanity or intemperate passion. We were furnished with the details, but we see no good to be achieved by publishing them; besides, we are very much pressed for space, owing to the great length of the Bailieborough Union report. A letter from Mrs. HASSARD will be found in another place.
KILLESHANDRA DISPENSARY--The Rev. Dr. MARTIN requests us to say that Dr. PURDON, who was recently elected to this dispensary, is neither related to the Bishop of Down and Connor nor to himslf. Our informant was in error when he stated that Dr. PURDON was nephew to the bishop. The Biship of Kilmore has left Kilmore, for the Royal Crescent, Ramsgate.
BAILIEBOROUGH SESSIONS (continued from our last.)
Owen M'MAHON was indicted for having, at Bailieborough, on the 17th January last, embezzled £20, the money of Miles MURTHA, in the capacity f a special bailiff or clerk; and in a second count he was indicted for having stolen said £20, the money of said Miles MURTHA. The following are briefly the facts of this important case as they appeared in evidence:--The prosecutor having obtained a civil bill decree for £20 7s. 6d. (debt and costs) against persons of the name of CAHILL, who resided in the parish of Moybologue, which on being renewed amounted to £20 11s., he some time in the month of November last, gave same to the prisoner (who had been nominated a special bailiff therein) to execute upon the defendants. Sylvester CAMPAIGNE, of Kingscourt, proved that on the 17th of January last, he was in Bailie- borough, and saw the prisoner receive £2 10s. from the defendants in the decree, and give them a receipt for £20 11s., the full amount of the decree, which he drew up for the party on the proper stamp, which the prisoner signed. The prosecutor (Miles MURTHA) swore that the prisoner did not give him any part of said sum of £2 10s., but that the defendants had been ejected out of their land, and left the country; consequently, he (the prosecutor) lost all prospect of receiving any part of his debt from them. The prisoner, who resided some time in Shercock, called Messrs. CONNOR, of Glasbeck, and Peter SMITH, of Derry, two respectable farmers, to give him a character, who stated on their oaths that they knew the prisoner for several years, and never heard any thing prejudicial to his character, until the present charge was preferred against him; but notwithstanding which, and that the prisoner promised to give the proscutor the £2 10s., which he admitted he had received from the defendants in the decree, or give security for its payment--not withstanding to the receipt, and that he did not know what he was doing t the time--the jury, without a moment's hesitation, found the prisoner guilty. The Assistant-Barrister, after expatiating at considerable length on the great injury the perpetration of such crimes inflicted on the humbler classes, sentenced the prisoner-- to be transported for seven years.
Susan M'DONALD, found guilty of stealing bed tick and a hen from Samuel MAXWELL, of Knocknashamen, was sentenced to three months' imprisonment at hard labour.
Bernard SMITH was found guilty of having stolen a piece of linen of the value of 6d. out of the Cootehill workhouse, of which he was inmate, and sold same to a ragman--to be imprisoned for three months at hard labour.
Mary HENRY, for stealing a sheet and bolster, value 1s. 6d., out of said workhouse--one calendar month at hard labour.
Catherine MAGUIRE pleaded guilty to having stolen a flannel petticoat out of said workhouse, value 1s., and was sentenced to three weeks' imprisonment at hard labour.
Anne ROONEY was acquitted of a charge of having stolen another flannel petticoat out of the said workhouse.
Margaret WESTLEY, found guilty of having stolen a calico shift, value 1s., out of said workhouse--to be imprisoned for five days at hard labour.
Catherine RAFFERTY, a little girl, was indicted for having at the work- house of Bailieborough, stolen a flannel petticoat, value 6d., but was acquitted.
Margaret SMITH, found guilty of having stolen seven geese, the property of John CARROLAN, of Monaghanoose--to be imprisoned for eight months at hard labour.
James WOODS, a very little boy, pleaded guilty to having stolen a bag, value 1s., the property of George GREEN; and having received a very bad character from Mr. GALLOGLY, the Governor of Cavan Gaol, he was sentenced to be transported for seven years.
CURIOUS AND AMUSING CASE
James ROGERS was indicted for having, on the 27th of March last, at Bailieborough, stolen a spade of the value of 1s., the property of James ROGERS, of Bailieborough, and in a second count he was indicted for having had in his possession at Lisnalee said spade, well knowing the same to have been stolen.
James ROGERS, having been sworn, stated that he lost a spade some time ago, which was found in the possession of the prisoner.
Barrister--Is the prisoner any relative of yours.
Witness--The prisoner, I understand, is a spurious offspring of mine, but I now discard him.
Barrister--Why do you now disown him?
Witness--Because, your worship, he was conducted himself very improperly, and is a disgrace to me.
Barrister--But you are morally responsibile for his good conduct, and it was your duty to educate him properly.
Witness--It was not in my power to do so.
Witness--Because, your worship, I had no control over him?
Mr. Edward M'GAURAN, attorney for the prisoner, begged leave to interrupt his worship until he would ask the witness a question, when he hoped to be able to shew his worship and the gentlemen of the jury the true nature of the case. Mr. M'GAURAN, addressing the witness, then said--Now, Corporal, is not your son's name (I mean the prisoner at the bar) inserted the first of your children's names in your bible?
Witness, in a passion--Come, sir, I am no more a corporal than you are (laughter).
Mr. M'GAURAN--Well, Mr. Corporal, did you not borrow a pound from your son, the prisoner at the bar?
Witness, in a great rage--Sir, I am not a corporal; I was a sergeant; I was first a corporal; and I am a man, what you are not (great laughter).
Mr. M'GAURAN--Come, Mr. Corporal, were you not drummed out of the army?
Witness, in a greater state of excitement--Sir, if it was not for respect to the court, I would say you are a liar (roars of laughter). You are a puppy, sir.
Barrister--Keep you temper, sir.
Witness--How can I do so, sir, when I am insulted in this manner?
The Barrister here interposed, and having ascertained that Mr. M'AURAN had done with the cross-examination, ordered the witness to go down off the table.
Sub-Constable Wm. HAMILTON--I went to execute a warrant to the house of the prisoner, and when I arrived there he at once gave it up to me.
John ROGERS, son of the prosecutor, having been sworn, stated that he himself sent two persons for the spade, and went himself for it, but the prisoner would not give it to him or them, but said if his father wanted a spade, he would lend him one.
Mr. WILCOX, R.M.--And notwithstanding that, you swore informations before a magistrate, to enable you to obtain a search warrant? Witness--I did, and I found the spade under some straw in the room of prisoner's house.
Sub-Constable HAMILTON, in reply to the Bench, said the spade was not concealed; but was at once given up on demand.
John ROGERS was then cross-examined by Mr. M'GAURAN--Were you a corporal also?
Witness--I was a corporal in a dragoon regiment.
Mr. M'GAURAN--Aye, you were a corporal in the Gillygooleys, I supposed (laughter).
Witness, with warmth--No, sir, I was not (laughter).
Mr. M'GAURAN--Very well, but it was in the Gillygooleys your father was a corporal? So we have corporal senior and corporal junior. Pray, would it not give you great pleasure if you could get your borther transported?
Witness--No, but I would like to see him soupling his joints for some time on the tread mill.
The witness was then desired to go down.
Mr. M'GAURAN, after stating that the prisoner at the bar was the most respectable member of the ROGER family, he being an industrious farmer, was about to call witnesses to prove his innocence of the charge preferred against him by his unnatural parent, when it was intimated to him that it was unnecessary to do so.
His Worship then charged the jury, commenting in rather severe terms upon the conduct of Mr. ROGERS, whom he invariably designated "the corporal," in at all instituting this prosecution.
The Jury at once acquitted the prisoner.
In the civil side of the court, the prosecutor brought a process against the traverser for 1l, for looking out for a farm in the neighbourhood of Bailieborough for him, and for writing a letter to the Rev. C. C. BERESFORD, soliciting him to give him (defendant) a farm: and to support, said claim, plaintiff produced his daughter, Elizabeth, who swore that defendant, who was, as she believed, a natural son of her father, was of very dissolute and immoral habits, having run away from his first wife, and married a second.
The Barrister, without requiring any witnesses to be examined for the defence, dismissed the case.
John ROWAN pleaded guilty to an indictment which charged him with having on 20th of May, stolen clothes out of the workhouse of Cootehill, to the value of two shillings. To be imprisoned for 10 days at hard labour.
Daniel KINDELAN also pleaded guilty to charge of having stolen clothes, to the value of one shilling, out of the workhouse of Cootehill, on the 6th March. To be imprisoned for one fortnight.
Bridget MOORE was found guilty of stealing a small quantity of meal, to the value of 1s., and a bag, value 6d., the property of Hugh HAYES of Cliffinn on the 29th May. The jury having recommended her to mercy, on account of the prosecutor having seduced imprisoned until the rising of the court.
Patrick BRADY pleaded guilty to the charge of having at Corranary, adjoing the town of Kingscourt, on the 1st May, stolen a cloak, value 10s., the property of James DALY, of Kingscourt, tailor. Mr. GALLOGLY, the governor of Cavan gaol, having stated that the prisoner was an old soldier, and had heretofore been sentenced to transportation, the Barrister sentenced him to be transported for 7 years.
Peter COONEY, a very little boy, having been caught by sub-constable William STEELE in the act of picking the pocket of a man named Thomas REILLY, in the body of the court, of 2d. A bill of indictment was immediately prepared, sent up and found by the Grand Jury, upon which he was arraigned, and having pleaded guilty thereto, and said he was from the county of Longford, he was sentenced to be transported for 10 years.
Bridget BRADY was found guilty of having had one hen in her possession at Stradone, value 6d., on the 2nd April last, the property of James FITZPATRICK, of Tievenanaas, schoolmaster, and having got a good character, she was sentenced to be imprisoned for one week.
Patrick LYNCH, a boy, was found guilty of having stolen 12 harrow pins, the property of Thomas MALCOLMSON, value 2s 6d, at Donnaree, near Kingscourt, on the 12th of May last. To be imprisoned for three months, at hard labour.
Thomas SMITH, another young lad, was found guilty of stealing a duck, the property of Owen COONEY, of the value of 6d. at Greaghagibney on the 14th May last. To be imprisoned for 10 days.
Judith LYNCH was found guilty of having stolen 2 ducks of the value of 1s., the property of Wm. WILSON, of Kurkish, on the 9th April last. To be imprisoned for 4 days, at hard labour.
James FITZGERALD, a very young child was found guilty of stealing a trifling quantity of oatmeal, the property of Alicia PATTERSON, at Drumhills, on the 9th April last. Be be imprisoned for 3 days, at hard labour.
John REILLY and Wm. SCORR were found guilty of having created a riot at Cootehill, on the 4th May last. To be imprisoned for one fortnight each.
Margaret FLUKE, a very old woman, was found guilty of having at Drumbannan, on the 19th May, Sir (sic) stolen a pot, the property of John YOUNG, Bart., M.P., value 1 s. To be imprisoned for 1 week at hard labour.
Margaret GREENAN pleaded guilty to the charge of having stolen a night cap out of the workhouse of Cootehill on the 21st June, ult., value 6d. To be imprisoned for 36 hours from commencement of session.
Patrick CANE, Michael LAURENCE, and Patrick DUFF were acquitted of the charge of an assault upon Patk. ROONEY, and for creating a riot at Lisnabunty, on the 23rd February last.
Peter CARROLAN was found guilty of having, at Teernaskey, stolen a sheep from Bernard DONNELLY on the 6th May last. To be imprisoned for 2 years.
Patrick M'CABE was found guilty of having on the 26th April last, at Dromeague, stolen bread, butter and £2 in bank notes, the property of James POGUE.
To be imprisoned for 9 months at hard labour. Michael WYNNE, Margaret and Judith WYNNE pleaded guilty to an indictment charging them with having stolen a quantity of oats, the property of Thos. REILLY, at Ballyfin, on the 18th March last. The female prisoners to be imprisoned for 48 hours each; and Michael WYNNE to be one calendar month at hard labour.
James REILLY was found guilty of an assault of sub-constable Patrick BYRNE, at Cootehill, on the 14th April last, and obstructing him in the discharge of his duty. To be imprisoned for 6 calendar months, at hard labour.
Mary MAGUIRE was found guilty of picking the pocket of Philip GERRAHGTY of 6 half crowns, in Bailieborough, on the 16th June, instant. To be imprisoned for 7 calendar moths, at hard labour.
June 28, at the residence of her father, James H. BURKE, Esq., St. Cleran's, county of Galway, the wife of Captain MENZIES, Royal Engineers, of a son.
On Sunday last, at Killeshandra, the lady of Dr. KENNY of a son.
On the 30th instant, in Killeshandra Church, by the Rev. Christopher ADAMSON (brother to the bride), George S. MEARES, jun., Esq., to Isabella Anne, third daughter of the late Rev. Arthur SMITH ADAMSON, and grand-daughter to the Hon. Maria Juliana BERRY, deceased.
On Tuesday, the 4th instant, at Fairfield Cottage, near Lough Sheelan, Wm. Z. MYLES, Esq., of fever caught in the discharge of his professional duties. This melancholy announcement we make with the most sincere regret, and we are sure it will be met with corresponding feelings of sorrow by all who were acquainted with his many excellent qualities both of head and heart. He has left after him a bereaved wife and family to deplore his premature death.
On the 14th of November last, of violent sea sickness on board the ship Celina, of which he was surgeon, while proceeding to Calabar on the coast of Africa, John MITCHELL, Esq., M.D., aged 29 years, eldest son of the late Henry MITCHELL, esq., of Cootehill, late Lieutenant in the 8th Royal Irish Hussars.
On the 1st instant, at her residence, Lucan, Maria Ellen, the beloved wife of Captain JONES, R.N., deeply and deservedly regretted by all who knew her.
Mrs. SMITH, widow of Mr. Henry SMITH, last week recovered 2,000l. damages in the Court of Exchequer from the North-western Railway, under Lord Campbell's Act, as compensation for the killing her husband, at Wolverton station, on the 5th June 1847.
July 14, 1848
CAVAN SUMMER ASSIZES, 1848
CROWN COURT -- JULY 8
Judge PERRIN, who arrived yesterday evening from Longford, opened this court to-day at ten o'clock. The grand jury having been re-sworn, and other preliminaries gone through, his lordship addressed the jury to the following effect:--
"Mr. Foreman and gentlemen, I am sorry to see so small an attendance of the gentlemen of this county to serve on your jury. There must be some reason for this, which I cannot account for....I have some obser- vations to make respecting the inspectors of prisons, but I will take another opportunity of doing so, after I have disposed of the criminal business. I see on the calendar four places where the prisoners are bound over to the sessions. These might have been tried at the present assizes; and I would advise the magistrates for the future to bind parties brought before them to take thier trial at the next assizes or session as the case may be, in order to save the public expense, and not to keep persons unnecessarily confined in prison If the witnesses can be pro- cured, I will try the four cases I have mentioned; and if not, they must, of course, remain until the sessions...."
The grand jury having retired, his lordship proceeded to fiat the present- ments, which occupied two hours. After which the following petty jury was sworn:--Messrs. Henry HUMPHRYS, foreman; Wm. MOORE BLACK, Robert FITZGERALD, John MARSDEN, Alexander BERRY, John Alexander FARIS, William ROGERS, Thomas HARTLEY, Francis M'CABE, Terence KIERNAN, John MOORE, John CLEMENGER.
ATTEMPT AT MURDER
George MAHOOD, a young and decent-looking man, was then arraigned, charged in one count with firing at Daniel CHERRY, on the evening of the 13th of February last, with intent to do him "grievous bodily harm," in another count he was charged with a common assault.
Daniel CHERRY was sworn. The witness, who is a policeman stationed at Cornary, stated that on Sunday night, the 13th of February, he went to post a letter at Canningatown, otherwise Newbridge, near Bailieborough. He met the prisoner at the bar; the prisoner was postmaster in that village then; he also kept a public-house. They had some conversation, when prisoner told him he intended to shoot his wife, a young woman to whom he was not long married. Witness dissuaded him from it; but on returning thought it right to tell Mrs. MAHOOD's father of the conversation, and for that purpose he called at his house. John MAHOOD is the father's name; witness was not long there when he heard three shots fired; he went out to ascertain what was the matter, and he saw the prisoner with a gun in his hand; prisoner told him to stand out until he would shoot him, which witness refused; prisoner then stepped back a little, presented the gun at him, and fired; the shot hit him (witness) on the right side of the face; it affected his eyes, and took a piece out of the brass button on the side of his cap; he fell on the ground and lay there for some time; some more police then came up and lifted him.
Cross-examined by Mr. DOHERTY--Dr. FLEMING, of Bailieborough, saw me about three hours after the accident; I was about four or five yards from the prisoner when the shot was fired; the prisoner and I were on good terms; we drank punch together that day, but not much, and only once; I did not take a glass; when going away I forgot my stock, but returned for it; I went to warn the father-in-law of the danger; I heard prisoner was subject to attacks of illness, such as bring on fits of madness.
Daniel CORBET, servant boy to John MAHOOD, examined by Mr. SMYLEY--About six o'clock in the evening mentioned, the witness CHERRY came to my master's house; while he was within, three shots were fired outside; CHERRY went out, and the prisoner who was outside, asked if he (CHERRY) wanted him; CHERRY replied in the negative; prisoner desired CHERRY to go before him; CHERRY would not; prisoner had a gun at the time; he then stepped back a little, presented the gun at CHERRY, and fired; MAHOOD told CHERRY he had got enough, and then went away; they were about three or four yards asunder when the shot was fired; police came up shortly after.
Cross-examined by Mr. DOHERTY--When at home prisoner's wife managed her affairs well, a day or two before she was obliged to return to her father's, because of the prisoner's violence.
Constable Bernard DALY sworn--I got Dr. FLEMING's certificate, and went to arrest the prisoner, but I failed that night; that was because he had arms; I went next day, with others, and took him.
Mr. SMYLEY signified that the case for the crown closed here; but Mr. DOHERTY objected, until Dr. FLEMING should be examined. Mr. SMYLEY concurred, and
Dr. FLEMING was sworn--He stated that he attended the prisoner in September, 1846, in an attack of delirium tremens. The attack lasted five days, and during that time prisoner did not know what he was doing. To the Court--I cannot prove that he continued in that state of mind.
Mr. DOHERTY--Would that derangement of intellect remain?
Mr. DOHERTY--Would drink reproduce it?
Witness--It might; I examined CHERRY soon after his hurt; he was wounded on the right side of the face; I believe the wound was occasioned by a fall, and think it was done by a stone, the most serious mark was inflicted by the gunpowder on and under the right eye; I did not see the cap or button.
Mr. DOHERTY rose to address the jury, but his lordship interrupted, by saying it was unnecessary, by the indictment could not be sustained, and that the better way for the jury to do would be to acquit him of the felony, and find him guilty of a common assault.
Mr. DOHERTY applied for leave to lay two or three affidavits before the court, relative to prisoner's state of mind.
His Lordship declind, saying he would prefer passing sentence from what appeared in evidence.
The jury brought in a verdict according to his lordship's' direction. The prisoner was remanded.
Randal PRATT was put forward. He stated his attorney was not in town, and he would not be ready for his trial sooner than Monday.
Counsel for the Crown asked Mr. DOHERTY if he were not engaged for prisoner. Mr. DOHERTY said prisoner had sent him some papers to Dublin, but as they did not come through an attorney, of course he would not act.
The trial was then deferred till Monday.
Henry CAHILL, alias CAHILLY, was indicted for having a forged Bank of Ireland note or paper in his possession.
James BRENNAN, a policeman of the Detective force, Dublin, examined--Witness stated that on account of information which he had received, he went to prisoner's house at Dung or Drung, near Coote- hill, on the 15th of last March, before eight o'clock in the morning; asked for prisoner, was told he was in the house; was told to the contrary by the mother immediately afterwards; went in and searched the house; he was not there; went from that to the yard; got him in a kind of pigstye or small place, crouching down; witness brought him into the dwelling house; searched the house again, for a plate he was led to understand prisoner used for forging; did not get the like, but found two pieces of paper; one of them had the words "Bank of Ireland 1844" in water-colour; that was between the leaves of a book lying in an open box (the papers were produced and identified by witness; one was the greater part of a sheet of paper, such as bank notes are made of; the other was a quarter sheet, torn a little, having the words "Bank of Ireland, 1844" done in water- colour, apparently in the ordinary way). I did not arrest prisoner then; I asked how he got the paper; he said he did not know; I brought the paper to Dublin, to the bank, and returned on the 29th of the same month to arrest him; when I went forward to the house, prisoner was walking from it; I arrested him then.
Cross-examined by Mr. DOHERTY--That is a terrible piece of paper--a very terrible piece (laughter); I arrested him between seven and eight in the morning;I went to the place, I asked if the farm was to let, I had no notion of taking it; I brought his mother round the farm.
Thomas GRUBB was examined--Witness said he was an engraver belonging to the Bank of Ireland; that he thought the words were put on by some sharp-pointed instrument; it would take an experienced person to detect any difference between that and the ordinary paper.
His Lordhip said (after reading the Act 53 Geo. III, sec.--), that the having in possession did not come withint the operation of the act. The mark might be printed in the making of the paper.
Mr. SMYLEY--Well, my lord, at that rate the Act should be amended.
His Lordship summed up in a very few words, and the jury at once acquitted the prisoner.
Thomas THORTON was indicted for having in his possession one horse cover, a part of a horse's reins, &c., well knowing them to have been stolen, the property of Mr. John REILLY, of Derrygarra.
John STEWART stated that he was servant to Mr. John REILLY, of Derrygarra. About four weeks ago a horse-cover and part of a jaunting- car reins were stolen; saw them next in the prisoner's house when searched, he had no mark on the cover, but he had upon the reins.
Sub-constable Wm. DAW examined, who deposed to finding the articles with prisoner; the prisoner allowed they were Mr. REILLY's property.
Thomas BRIENS swore he bought the piece of rein now shown from the prisoner for 2d.
Mr. Robert FITZGERALD (a juror) said he knew the prisoner for some time; that he was wild in his ways, and he (Mr. F.) considered him insane frequently.
The Judge made a few remarks, when the jury returned a verdict of not guilty.
John THORNTON (father), William, Fleming and Edward THORNTON (sons) were put in the dock, charged with having committed a grievous assault, also a common assault on the person of Jane SHARP.
Jane SHARP (an old woman) examined--I am wife of Richard SHARP, and employed by Dean ADAMS; on the 15th of August the four prisoners at the bar came to my house; although pretty late I was in bed at the time; it was to prevent an ejectment; the prisoners brought in weapons--a crow- bar and spade; they took everything outside the door, and then carried the bed out; they did not beat me then; on the day before (Saturday) the three young men met me on the road; they were in company with a man called FISHER; FISHER went away; the young men then knocked me down, and kicked me; I was in the family way at the time, and miscarried in a few days, I had two doctors attending me.
Cross-examined by Mr. DOHERTY--John YOUNG and FISHER were fighting about land; FISHER is my brother; I went between them to sunder them; my language was not violent; Jane FISHER took her husband away; John FLEMING, the old man, then said to throw me in a boghole; I saved myself by catching his coat.
Jane FISHER stated the particulars of the riot. He said the prisoners were on the road, and stopped her husband, who was coming up; they attacked him when she sent for the last witness; the elderly prisoner said he would kick the guts out of her sister-in-law.
To Mr. DOHERTY--Dean ADAMS turned the SHARPS out of their land a little before; there was some fighting at the time; John YOUNG has the land now.
Dr. James TAYLOR examined--Saw Jane FISHER after her last confine- ment; she exhibited marks of premature confinement produced by a kick on her side.
Mr. DOHERTY called James M'CABE for the defence. This witness knows the former witnesses as neighbours; saw them on the 15th of August; James FISHER came to the road and challenged out any of the YOUNGs; William went out, but no blows were struck when Jane SHARP went out and pushed Wm. YOUNG; a little later in the day Jane SHARP came down to the bog where the YOUNGs were working; I was also working there, but at some distance off; when I turned round I saw John THORNTON, the old man, and she in "holts;" I saw no blows struck, nor kicks given; when they loosed "holts" Jane SHARP went home, apparently as well as ever.
John REANY and other witnesses corroborated the foregoing testimony.
C. J. ADAMS, Esq., J.P., was called. He gave all the prisoners an excellent character. He knew the young men all their lives, and the old man all his (witness's) life.
The Judge charged the jury, who immediately returned a verdict of not guilty.
The Judge then impressed upon the prisoners the advantage of a good character, and said the present trial should be a warning to them for the future.
The prisoners were then discharged.
At the conclusion of this case his lordship ordered the jury who had acted all the day to be discharged, and a new jury empannelled. The following are the names:--Messrs. Michael KENNY (foreman), James BLACK, Thomas BROWN, John DOWNEY, John REILLY, Joseph JOHNSTON, Laurence LAMB, Andrew M'NEIL, John PRATT.
Mathew HARRISON and Bernard M'CAUL were indicted for stealing on the 29th of June forty-two spades, value 1d. each; two old shovels, value 2d. each, and other articles, the goods of Hugh FOY.
Hugh FOY, who is a blacksmith, Charles HUSTON, and Bernard BRADY, deposed to the robbery and to the finding of the stolen articles in possession of the prisoners.
The jury returned a verdict of guilty. Sentence deferred.
Patt DOHERTY, a little boy, was arraigned for stealing about 1lb. of meal from Wm. PEARSON, another little boy, who was in charge of a house belonging to Mr. ELLIS. There being an informality in the indictment his lordship ordered it to be quashed
. James VOGAN was put forward, charged with the murder of Susan TRAVERS, at Cornasass, on the 26th April. He pleaded not guilty.
The Court ordered him to be ready for his trial on Monday.
The Court then adjourned until ten o'clock on Monday.
CAVAN SUMMER ASSIZES, 1848
MONDAY, JULY 11
Judge PERRIN entered the court at half-past nine o'clock.
James VOGAN (an old man) was placed in the dock, charged with having fired a loaded gun or pistol at Susan TRAVERS on the 26th of April last, from the effects of which she languished for some hours and died.
The following jury was empannelled--David GRIFFITH, foreman; Wm. FARIS, Wm. MOORE, John DOWNEY, William DANCEY, Arthur ELLIS, Richard HUMPHRYS, John HAMILTON, Richard KENNY.
Mr. SCHOALES, Q.C., briefly stated the case. He called the attention of the jury to the serious charge made against the prisoner and hoped they would deal fairly between him and his country. He was told (he said) that the prisoner at the bar was in comfortable circumstances, holding a large farm of land; that the deceased's husband was a cottier living under him, and that ill-will existed between the parties, which would come out in evidence. He concluded by calling
John TRAVERS (husband) examined--I lived at Cornassas in April; the house in which I lived belonged to the prisoner, James VOGAN; near my abode were some old walls, the ruins of a house which had fallen in; part of the wall was standing; as you go into where I lived these walls would be on the left; I had a garden, which was to the front; the next house belonged to a man named LYNCH, which was three fields off, or about sixty perches; a man named SORAHAN lives about the same distance away; the road from Ballyduff to Cootehill runs at the front of the garden I held; LYNCH and SORAHAN's house are on the hill at the rere(sic)--one in the front and the other on the back of the hill; our children lived there; her maiden name was BOYLAN; there was also another girl living with us, a sister of my wife's; Fanny is her name; I remember the 26th of April; left home about twelve o'clock on that day; was going to gather firewood to boil the breakfast; I had eaten nothing that day; the girl, Fanny, was in Cootehill for meal; when I left my wife within, she was in good health; the three children were also there at the time; Fanny BOYLAN returned in the evening; I went about 200 perches away, and was about an hour absent; during that time my wife was murdered; on my road back I met the prisoner's son; when I came near my own place two women were going up the hill from it, towards SORAHAN's; they were about ten perches off; when I saw them they were clapping and ringing their hands; I think they did not see me; when I got to the house the children were crying about their mother; they said their mamma was dead at the old wall; she was lying on the ground on her back, and blood about her; there appeared to be no breath in her, a quilt was spread over her; I lifted the quilt, and saw she was all bloody from her side down; I ran up the hill then after the women, but could not see them; I then put her on my back and brought her into the house; her mother was sent for; she and other women came; they got her in that state; the woman came immediately after I took her in; the Reverend Patrick SMITH came a short time after; we had a doctor, Surgeon SHARPE of Cootehill, who arrived intthe evening; this happened on Wednesday, she lived until 10 o'clock on Thursday night; I saw Mr. CLEMENTS, the magistrate, there on the night of this occurrence; my wife's mother and some others remained all the time with her until she died; the prisoner and I were always on good terms until this affair; at the time this happened my wife and he were not on good terms; he and I never had any difference.
Cross-examined by Mr. MAJOR--I was cottier to the prisoner for ten years; my cottage was about the centre of the farm; the road from Ballyduff to Cootehill runs within twelve or thirteen perches of my cottage; there is a lane or path from my cottage to that road; the prisoner's house is on the opposite side of that public road; a man named James PATTERSON resides near our house; his place is on the same side of the road as the prisoners; a large "street" leads to his place from the road.
(A diagram of the neighbourhood was here produced by counsel, at which the court looked.)
To Mr. MAJOR--SORRAHAN lives near PATTERSON, on the same side with prisoner; I found my wife in about the center of the old gable I spoke of; not many yards from that there is a little hill; the gable was lying outside, on the verge of this gable; she had fallen a little towards the gripe or shough; I had no means of knowing the time, but I saw the men's spades sticking in the fields--they were at dinner; I had eaten nothing that day, there was a person in Cootehill for meal, but she had not returned; the breakfast should have been long over at that time; I had been an inmate of a gaol, and under- went punishment at the instance of the prisoner; my wife brought a serious charge against him, but he was acquitted; prisoner had a long, grown-up family, and a good farm, near 100 acreas, with plenty of stock; he had seven cottiers for eight or nine yeras back, they are all away now but two.
James TRAVERS, a little child about eight years of age, examined.--I would go to a bad place if I swore or told a lie; I cannot tell how long I am going to school; I cannot read but I am learning to spell; (witness spelled the word 'book', but failed to spell some others). I am about eight years of age; went once to the chapel of Father Pat. (The court refused to have him sworn).
Mary SORRAHAN, an elderly woman examine.--I live within about 40 perches of the old wall; I was in the door of my house on the day this unfortunate affair happened; I saw the prisoner and another man go down the road, towards Cootehill; he passed my door; Peter M'QUILLAN was the man's name who was with me; I saw him part from the prisoner and go off the road, towards my right; I saw nothing with him then, but in half an hour he returned with a cow; he drove the cow down towards his own house; can't tell how near he was to TRAVERS's; there was a hill between me and that, and it was over that hill prisoner went; that was about the hour of 12 or 1 o'clock; it wasn't long after, until the children came crying and said-----
Court--stop there. Don't tell what they said; only what you yourself saw.
Examination resumed--I then took a man of the name of Tommy CAVANAGH, and went to where the woman was lying, on the broken down wall of the old cabin; there was no one there when I went up; she was lying on her right side, her head was on the wall, she had nothing but her own clothes on then; her clothes were bloody, and their was blood all round; from her left side the blood flowed; I took off her stays, and put water on her hands and lips, for she wasn't like breathing at all; I threw a quilt over her, and soon after went home to give the children their dinner, after which I returned; I know Mary LYNCH; I think she was there when I put on the quilt; I don't know whether I saw any one on my way home or not; when I returned, she was in the house stripped. I did nothing to the wound in the house; I saw it was convenient to her lift hinch; I know father Pat SMITH; he came there; she wan't sensible when I went away; she did not get the benefit of the church till after.
Mr. SCHOALES--What did she say when she came to her senses?
Mr. DOHERTY--Oh, my lord!
His lordship decided the question should not be put just then
Mr. SCHOALES--Very well, my lord, I will have to call her again.
Cross-examined by Mr. DOHERTY--I am a married woman; my husband is a labourer, he went out to work that morning; I cannot tell what kind of day it was; I live on the same side with VOGAN.
Mr. DOHERTY--I think you said VOGAN was passing from his own house when you saw him first.
Mr. SCHOALES--Oh, not at all. Going to his own house.
Witness--I said he was passing by my house, and facing to his own.
Cross-examination resumed-- was standing on the flag of my own door; I cannot tell how long I stood there; VOGAN passed my house while I was there; I only saw him while passing; I am acquainted with PATTERSON; the raod passing my house is a public road; I have pretty good hearing by turns; I hear no shot fired--.
To the Court--VOGAN's house is nearer to Cootehill than mine; mine is nearer to Ballyduff than his.
Peter M'QUILLAN, an elderly man sworn--I was at the fair of Cootehill, on the 27th of April, I went there on the 26th; I know where VOGAN, PATTERSON, and SORRAHAN live; I met VOGAN that day; it was after 12 o'clock; he came over from PATTERSON's house to the road. I was on the road when he came out from the road towards Cootehill; I passed Mary SORRAHAN's house with him; after we passed her house, he turned up the fields to the right; I then went on to Cootehill to the fair, and saw no more of him that day; it was a lay field where he turned off, with a little rising hill; I know the house TRAVERS lived in at the time.
To Mr. MAJOR--I was about 5 or 6 minutes in his company, he turned to TRAVERS's side of the road, but I cannot say it was to his house.
James CLARKE sworn--I live in Durrough, about half a mile from TRAVERS's; I know his place, also PATTERSON's and SORRAHAN's; I was working in an adjoining field on the 26th; I was gathering stones; in going home, I would have to pass TRAVERS's house;I was going home aout the middle of the day; I saw the prisoner coming along by his cattle that were grazing; they were convenient to TRAVERS's house; they were to the right, some of them, and some of them down from that; they were not very near TRAVERS's house; I saw him go towards the old walls; in a little time I saw him go from them; I saw Susan TRAVERS there also; she was at the far end of her own house; I was on my way; I heard a noise, it was a shot I heard; I turned round and I saw the smoke--the smoke came from the old walls--after I saw the smoke I saw James VOGAN go up the hill; he was going to the loft side of the old walls, as if for a cow he had there; it was to the left of PATTERSON's; when he went away, I saw him bring a cow with him; he was driving the cow like to his own land, towards PATTERSON's; at the time I saw the smoke I saw nothing of Susan TRAVERS; when I heard the shot I was faced towards Bailieborough--the old walls were a little one side of me, not exactly behind; I was within about 20 perches of the old walls then; when I heard the shot, that was before he went for the cow. I went on home then; in a short time after, when I was going on home, I heard the children cry "mamma is dead."
Cross-examined by Mr. DOHERTY--I remember the inquest;....I swear I never heard of a reward before the inquest or since--I did not swear informations until the 19th of June. I gave it to Mr. REDDY in Cootehill...
When I heard the children cry their mother was dead, I did not return to see what was the matter, nor did I alarm the country--what was the use?....
Mr. DOHERTY--What took you to REDDY on that day, a man you never knew nor spoke to?
Witness--Because TRAVERS told me he was the man to put it all down, TRAVERS went with me, he was not present when Mr. REDDY and I were talking; we conversed in the open street; I met Travers on my way to Cootehill.
Mr. DOHERTY--Did Mr. REDDY speak to you about money?
Witness--No; he told me to wait till 5 o'clock, as he was going to the poorhouse.
Mr. DOHERTY--How often did you converse with Mr. REDDY about the affair?
Witness-I did not see Mr. REDDY from that day till I saw him in the streets of Cavan.
Mr. DOHERTY--Do you mean to tell me, sir, that you never saw Mr. REDDY from the 26th of May until you saw him in this town the other day?
Witness-I do swear it......
Rev. Patrick SMITH, C.C., of Kill, examined by Mr. SCHOALES-- TRAVERS is one of my congregation; I recollect being sent for on the 26th of April; on my way I spoke to one of VOGAN's children; that was about two o'clock; I saw the deceased when I went to the house, she was lying in a corner on a wisp of straw near the fire...I remained there some time, and was just going away when I was informed she could speak; I went to her, and she expressed her joy at seeing me; she thanked God she saw me; I administered the last rights of the church to her.
Court--Now state what she said; but do not mention any names until I tell you.....
Witness--she said she was shot, that the wound was burning her inside, and that she could not live...
Court--Now state briefly what occurred.
Witness here recited that when he went in first, the woman was insensible; he administered to her the sacrament of Extreme Unction, believing she could not live many minutes;...I looked at the wound; it was round like an augur-hole;...I went to examine a bull belonging to the prisoner which was in a field close at hand; I did so because some person said that perhaps it was the bull killed her; I returned again...
[More witnesses testified: Dr. SHARPE, Mr. CLEMENTS, Bridget BOYLAN (the deceased's mother), David M'BINN. There was was discussion as to whether the deceased was pregnant (the terms pregnant and pregnancy were used -- a post mortem indicated she was not pregnant), the deceased's mother said her daughter was 31 years old, but otherwise the testimony was repetitive.]
Robert BURROWES, Esq., Charles J. ADAMS, Esq., J. F. VERNON, Esq., and Rev. Mr. LITTLE (Presbyterian clergyman), gave the prisoner a very excellent character...
The jury retired and in about an hour returned into court with a verdict of NOT GUILTY.
The prisoner maintained a stoical indifference during the proceedings; part of the time eating bread or cakes, particularly while Mr. MAJOR was addressing the jury in his defence. When the jury were absent considering their verdict, the prisoner held up one or two little boys in his arms, who were not higher than the dock, for the Court to arraign. He smiled, almost laughed, and seemed to enjoy the ludicrousness of the scene with great zest. This was the only case tried on Monday.
TUESDAY, JULY 11
The court opened shortly after nine o'clock.
SHOOTING AT WITH INTENT TO KILL..
Randal PRATT, Esq., Barrister at law, and Francis RICE, were arraigned for having fired at James LENAHAN, on the 7th of July 1847, at Mullintra, with intent to do him grievous bodily harm. There were four counts in the indictment. Mr. PRATT was allowed to sit at the front of the dock--the other prisoner was put into it.
The following jury was sworn:--John ELLIOTT, foreman; Robert FITZGERALD, William FARIS, William Squire MONEYPENNY, Henry MAXWELL, John A. FARIS, Thomas HARTLEY, Mathew LOUGH, Terence KIERNAN, Thomas BROWN, John DOWNEY and John HAMILTON.
Mr. SCHOALES opened the case by saying that the jury had heard the indictment read, charging Mr. PRATT with firing a loaded gun at James LENAHAN, thereby woulnding him; and the other prisoner, RICE, with aiding and abetting; another count charged RICE with firing a pistol at LENAHAN. He said the jury were acquainted with Mr. PRATT, RICE was his servant, acting under his orders, and LENAHAN was a Woodranger to Colonel PRATT. Some difference of very unpleasant nature arose between the parties; I have several letters on the subject, which I trust it will not be necessary for me to read. It appears, LENAHAN a short time before, refused Mr. PRATT the favour of a house which he could have given him. On the morning of the 7th of July, LENAHAN was in bed; he heard Randal PRATT's voice outside, calling him a rascal, and using threatening language. LENAHAN got up and stole out by a back door. He went to work at fences. Mr. PRATT came to him where he was working, and asked him why he was frightening the rabbits; LENAHAN replied he was not. The prisoner then raised a double-barrel gun which he had with him, and fired the right barrel. LENAHAN received thirty-two slugs in the back; he then ran away. When going, he turned to see was Mr. PRATT following him; as he did so, he heard the other barrel snap, but it fortunately missed fire; LENAHAN had not ran far when he met RICE, who had a pistol. RICE raised the pistol and fired, but without effect. These, gentlemen, are shortly the facts of the case, and with all Mr. PRATT's legal acumen, I think he will find it difficult to account for or passiate this wanton and malicious assault.
James LENAHAN sworn--I was living in Mullintra last July--I was a wood- ranger to Col. PRATT--lived in a house formerly belonging to prisoner, Randal PRATT; I recollect the 7th of July--was in bed that morning, and heard this man's voice outside speaking to Johnny MAGUIRE and Francis RICE--he was abusing me. I went out by a back door, and went to the orchard of Mullintra to mend a gap--Randal PRATT came to me there...' you are frightening the rabbits'--I told him I was not--'I will shoot you,' say he, and with that he puts the gun to his shoulder--I turned round, and as I did so, I got the shot in the back. 'Murder,' says I, 'I am shot!'...I had a pretty thick pilot coat on at the time--some of shot went into my back... I went two or three yards when I met the prisoner, Francis RICE; RICE is a boy of Randal PRATT's...he had a pistol, he up with it and fired, but the shot did not touch me..I passed one side, and from that straight to Col. PRATT's steward--Henry WILLIAMS is his name.
Cross-examined by Mr. PRATT--This coat belongs to Miley MARTIN, the pantaloons I bought myself, with my own money--I had the money in the house for a long time--I cannot say who give it--Colonel PRATT's steward pays me--the house I live in is my own.
Do you get the fines at Kingscourt Sessions?
The police get them.
You're sure of that?
I am Did you ever get any of them?
Me! Yes, you.
Did I ever get any of them?
The Judge--You must not repeat the questions.
Mr. PRATT--Allow him, my lord, the jury will better see the gist of his evidence.
Judge PERRIN--No, no, I cannot sit here all day.
Mr. PRATT--Very well, my Lord (To the prisoner) Did you get any part of these fines.
Witness--I allow I did, a long time ago.
Mr. PRATT--you have a bad memory! You swore a moment since you did not; how came that?
Witness--I didn't just recollect at the time.
Mr. PRATT--You swore a while ago that the house you lived in was your own--will you swear it is not mine? Be careful now, I have sixteen or seventeen witnesses to prove it is; so recollect you are on your oath.
Witness--I can't swear it is not yours; I heard people say it was ten years ago; I am living there by Col. PRATT.
(Here Mr. PRATT branched into a line of cross-examination relative to the sale of timber, the grass of cows, &c., which seemed irrelavent to the court. His Lordship called him to order.)
Mr. PRATT--My Lord, I want to show the jury that this is a family affair. Colonel PRATT, who is my uncle, seeks every opportunity to give me annoyance, and this trial is concocted for that purpose. But if your Lordship thinks I am going too far I will drop the subject.
His Lordship told him to confine his questions to matters bearing on the case bevore the court.....
Constable James CROSSAN sworn--I went to Randal PRATT's about ten o'clock on the morning of the 7th of July, and found this gun there (a double-barrelled gun produced); both barrels were loaded; the right appeared to have been recently discharged; Mr. PRATT was present, and I arrested him....
Mr. PRATT then addressed the jury in defence. He stated that the prisoner was a very bad character, so bad that Mr. MURPHY, the barrister, would not permit him to appear as a witness in his court. Mr. PRATT then referred to a threat made by LENAHAN on a former occasion, and said the case was a base conspiracy, got up by characters who supposed they pleased his uncle by prosecuting him..... (Mr. PRATT here read a portion of his informations before the magistrate, in which it was stated "that deponent though fear and trepidation---")
Judge PERRIN--Where do you find that, Mr. PRATT?
Mr. PRATT--IOn the informations sworn before the magistrate at the time of my arrest, my lord.
Judge PERRIN--there are no such words in the copy supplied me.
Mr. PRATT--My lord, I got this copy from Mr. WILCOX, the magistrate who took LENAHAN's information on the day of my arrest.
Judge PERRIN (looking at his copy)--there is nothing of the sort here.
Mr. PRATT--My lord, will you permit your copy to be read to the court.
The judge having passed his copy to Mr. PRATT, the latter read it out, and compared it with the one in his possession. There were totally dissimilar.
Mr. PRATT--My lord, they are entirely different. I applied to Mr. WILCOX for a copy of the informations lodged against me, and this is the one supplied.
Mr. WILCOX, R.M (who sat behind counsel for the crown, and who had frequently whispered to them in the course of the trial), replied--Mr. PRATT, I did not copy those informations for you; you had it done yourself.
Mr. PRATT--You permitted me to copy the informations, Mr. WILCOX; and I had them done exactly and faithfully, and this is the copy which I now produce. The informations before the bench are amended informations; they differ from mine in all the material points. How do you account for the transformation, Mr. WILCOX?
Mr. WILCOX made no audible reply, but in a few moments rose and left the court.
His Lordship remarked that it was a very strange circumstance.
The trial proceeded.
John CAMPAGNE and Mathew DOOGAN gave LENAHAN a bad character, and stated that a jury at the Bailieborough sessions refused to credit him on his oath.
His Lordship charged the jury, and in a few minutes a verdict of acquittal was recorded.
Thomas BYRNE and Thos. SHERIDAN were arraigned for being of a party who, in the execution of a decree, inflicted a wound on Mary M'COLUM, of which she died.
A jury having been sworn.
John M'COLLUM, an old man, husband to deceased, was examined. He stated that these men, with John BYRNE, son of one of the prisoners, and another man, came to his house early in the morning of the 20th of January last to seize a cow for rent which he owed. Witness offered them some resistance until he heard the decree read, when he let the cow go. One of the party, John BYRNE, who had since fled to America, struck his wife on the head with a stick, while standing on the road, of which she died.
Cross-examined by Mr. DOHERTY--Thos. BYRNE, the prisoner, is my landlord; he had a decree against me; I would have paid it if demanded; I had four cows, and was well able to pay the rent; I knew I owed it; on that morning I had a fork in my hand; my wife could not have had another, for there was none other about the house; my family that day consisted of my wife and two small girls; none of them had loys; I am quite sure I did not strike any one with the fork; I was fothering the cows with it; Edward BEATTY took it out of my hand as we were tangled together; my wife lived the time I tell you; I would not let my cows go without an order; Tom SHERIDAN read out the decree, but it was half an hour after the cows were turned out; I defended the process, not against the rent, but respecting a piece of bog that was in dispute.
Mr. DOHERTY--On your oath was not a written receipt offered you before the cows were remvoed?
Witness--On my oath; it was not until after the money was paid. (Receipt produced, which was a day subsequent to the affray, when the money was paid).
To Mr. DOHERTY--Upon my oath the receipt was not offered until after my wife was killed; it was then given me by Mr. MONTGOMERY; I might have had a conversation with Mr. NAULTY, sessions' clerk; upon my oath I never said I joined SHERIDAN in the charge, to prevent him being a witness...
Pat KELLY sworn--I went down to M'COLLUM's on the morning of the 15th of January; there was some persons at the gate; the two prisoners, Mick BERRY, M'COLLUM and his wife, and Mr. BEATTY; They were all standing at the gate; M'COLLUM had his money in BEATTY's hands, telling him if he got a receipt, he would pay it, by being allowed the poor-law cess out of it; then BYRNE said, "Pay the money; I will give you a receipt, and allow you the poor-law cess out of your next rent; Mick BERRY and M'COLLUM then got in "holts" with other; I followed and went between them; the cow jumped over the ditch from the road; my back was to her; I heard her shout and say, "I'm murdered;" I wheeled round, there was no one near her but John BYRNE; he had a stick in his hand; the stick was pretty thick; I saw her falling; I did not go to her, but her daughter did.
Cross-examined by Mr. DOHERTY, but nothing further was licited.
B. COYNE, Esq., M.D. examined by Mr. SCHOALES...
Geroge ROE, Esq., M.D.--Mary M'COLLUM was admitted into the infirmary on the 1st of February; she applied for admission on the day it happened, with her arm and clothes covered with blood; she was not willing to stay in the Infirmary; but in 15 days returned, and was admitted as an ordinary patient; the wound was then inflamed; I prescribed for her, but she appeared to tire of the treatment; she went out contrary to my inclination; I did not consider the wound serious at first; when she went away the last time, I told her to keep quiet.
To Mr. DOHERTY--I believe the wound was not serious; I think if attended to from the frist, it would not have eventuated as it did.
The crown having closed....
His Lordship said the indictment was not sustainable, as the prisoners were legally executing a decree, and neither of them struck the blow which caused the unfortunate woman's death.
The Jury acquitted accordingly.
The prisoner, SHERIDAN, a huge man, exhibited the most violent gestures throughout the trial; it required several persons to make him observe any degree of decorum.
James FARRELL, was arraigned for setting fire to the house of Margaret REILLY at Drumkeary, in winter 12 months. Acquitted.
Patrick M'CUSKER, was charged with having committed an assault upon Rose GALLAGHER, with intent &c..;
Rose GALLAGHER sworn--Is the wife of Hugh GALLAGHER; lives at Gartmore; on the the of April last; her husband was in the infirmary that day; there was no one in the house with her; prisoner knocked at the door about 3 o'clock in the morning; got admittance; used smutty language; said she should allow him certain liberties, witness refused; prisoner threw her on some bushes in a corner and did his endeavour, but flailed; witness had him arrested immediately after.
To Mr. Robert JOHNSTON--I am not a very strong or young woman; it wasn't worth a while to fall in love with me; I never saw him before except to see him go by the roads; about three o'clock in the morning this occurred; saw him again that day; had him arrested; and saw him with the police on the following Monday; the police did not point him out to me; knew him before; I did not say I'd consent to be locked up when this case would be brought on, if I got a sum of money; I never made this a trade; never claimed money from Frank ACHESON, of Terquillan, for a similar offence; the prisoner did not accomplish his purpose.
Dr. Francis REYNOLDS sworn--Saw this woman on the 10th of April, examined her; the upper part of the hip and part of her thigh were discoloured; there were a couple of tumours; she had a severe flooding; it might be caused by violence; it attacked her the night before; I cannot tell how long it continued, as I did not see her afterwards; the injuries were caused, I think, in the way witness states, namely, by throwing her on brambles or some such things.
M. JOHNSTON addressed the jury for the defence, and concluded by calling the
Rev. C. REILLY, P.P. of Ballintemple--This witness said that the prosecutor was the worst character he ever heard of; while nothing could be laid to the charge of the prisoner for twenty-two years; he was only after rising out of fever, and witness believes him incapable of such an act.
The prisoner was immediately acquitted.
Phillip REILLY was indicted for having a gunlock in his possession the property of William LOVE, knowing it to have been stolen--Not guilty.
Michael CURRY for assault and robbery on John WATSON at Portlongfield, at 7 o'clock on the evening of the 2nd of February last. (This case was reported fully last assizes).
John and Phoebe WATSON were examined. They fully identified the prisoner as being one of a party who entered their house on the night named, and robbed them of a watch, some money, and other articles.
Verdict--guilty. Sentence deferred.
Owen SMITH and Thomas DALY, were indicted for having on the 12th of June, at Duhassan, broken into a store belonging to James SMITH, and taken therefrom 25 cwt. of oatmeal, partly the property of the Cootehill Board of Guardians.
John BRADY sworn--I was relieving officer for the Cootehill Union; at that time I was out of office; at I had 23 cwt and 24 cwt. of meal belonging to the Guardians in a store at Duhassan; I had also 2 cwt. of my own; the meal was in 25 bags; about 12 o'clock at night the door and window leading into the store were broken open, and all the meal taken; I was going to bed; I slept in another room near the store; I saw people in the house but could not identify them; two bags of the meal were recovered.
Cross-examined by Mr. James ARMSTRONG--He gave one of the prisoners a good character.
Margaret M'CONALD sworn--She lived in SMITH's where the store was kept; on the night of the 12th of June, before I went to bed, my mistress cried to me there were robbers in the house; in a short time I started to go down stairs; I did not go all the way; I saw the two prisoners below; there was no candle lighting, but there was light from the door; it was a bright night.
To Mr. ARMSTRONG--I was confused and very much afraid; I had been in bed for some time; I sat upon the stairs, the men were below me; there was not light save that from the door. I told the priest within a week that I knew the men; but I told no other until I saw Mr. CLEMENTS; I found a £1 note belonging to Owen DONOHOE; but he didn't accuse me of stealing it; I gave it back to him.
Danniel (sic) MAGUIRE sworn--He thought Owen SMITH was one of the robbers, but he is not positive.
A constable of police deposed to having taken the stolen meal from a house in which the prisoners lived.
Captain PHILLIS J.P. and other men witnesses were examined to sustain an alibi for TULLY, and to give him a character.
The other jury retired for a few minutes to consider the last case, when the following were sworn--John CLEMENGER (foreman), John DOWNEY, Laurence LAMB, William CLEMENGER, Arthur FINLAY, Patrick LAHY, Joseph MAGUIRE, John WILSON, William FOSTER.
James REILLY was indicted for stealing a heifer from Bridget COSTELLO, at Kilnaleck, on the 25th of March last.
Bridget COSTELLO was examined. She stated that the prisoner was married to a relative of hers; that she and he left the cows with Hugh COYLE, of Kilnaleck; when she returned, the heifer was gone, and she did not see it since.
Philip KERNAN (Hugh COYLE's yard-boy), was sworn. He stated that the last winess and the prisoner at the bar left a heifer in the yard in the morning; sometime later in the day the prisoner returned, paid a penny, and took away the heifer. Subsequently, the widow applied for it; and he (witness) told her the prisoner took it away; he told that in the presence of his master, Bridget COSSTELLO, and others.
Hugh COYLE examined. He said he had no knowledge of the case, further than that the last witness took away the heifer.
Upon being cross-examined, he admitted that CASSELS summoned the prisoner, himself, and the last witness for the cow--that the sitting magistrate, Mr. WILCOX desired her to bring an action against him for the heifer; then it was they got the prisoner arrested.
James CUMMISKY examined for the defence. He stated that he was in COYLE's yard on the fair day when the cow was missed; he heard the cow inquired for, and the little boy just examined said that he had given it to another boy, who paid him one penny. The yard gate was opened to permit him and another man to get out a horse; when it was he saw the prisoner standing outside amongst several policemen and others; there was no attempt made to arrest him then, nor did any one say he had got the cow. Witness knew no more, nor did he see the prisoner from that until he saw him this day.
A juror applied to have Philip KIERNAN recalled.
This having been done, CUMMISKY cross-questioned him in a very adroit manner; recalling to his recollection a number of little circumstances which proved that he (CUMMISKY) was present in the yard, although contradicted by KEIRNAN, and that the latter was prevaricating.
The jury at once acquitted the prisoner.
Thomas WATSON and Hugh M'COLLUM (two boys) were found guilty of having stolen a quantity of lead from Lord FARHHAM; schoolhouse in this town.
Peter GLANCY indicted for stealing a heifer, the property of Antony M'GOVERN--Not guilty.
Judge PERRIN seeing the Grand Jury in court, asked Henry SARGENT, Esq., J.P. why he returned the four cases alluded to in the opening charge to the quarter session instead of the assizes.
Mr. SARGENT--My Lord, I am not long in commission, and I was not aware that trifling cases could be returned for the assizes.
Judge CRAMPTON--I mentioned it to call the magistrates's attention to the fact that all cases which can be returned to the session or assizes should be returned to the first sitting court of course, if the case from its nature cannot be tried at quarter session it must be returned to the assizes then next ensuing.
Mr. SARGENT thanked his lordship for the information.
In the evening Judge PERRIN inquired of Mr. GALLOGLEY, Governor of the Gaol, relative to a case he saw entered on the calendar. Mr. GALLOGLEY stated he discharged the prisoner by order of a bench of magistrates. His lordship said the proceeding was highly irregular.
The court then adjourned.
Several times during the day his Lordship ordered all the police to be put out of court for their uncouth movements they gave considerable annoyance.
WEDNESDAY, JULY 12
Judge PERRIN took his seat to day at half past nine o'clock.
Henry Gillespie HAYES, and Thomas Harcourt THOMPSON were put foward charged with forging several receipts. The indictment embraced twelve counts.
The following jury was sworn:--John CLEMENGER (foreman), James MONTGOMERY, John REILLY (Derrygarra), Terence KIERNAN, Thomas RAMSAY, Thomas BROWN, James BLACK, Francis M'CABE, John BANNON, John PRATT, Thomas MATHEWS, and Laurence LAMB.
Mr. SCHOALES stated the case--Gentlemen of the jury, the prisoners are indicted under the 49th Geo. III chap. 63, for forging certain receipts with intent to defraud. The offence is not a capital one, I am happy to say. Gentlemen, you are aware that during a certain period extraordinary means of employment had to be procured for large numbers of the people. This employment was afforded through the Board of Works, whose servants the prisoners were. Mr. THOMPSON was engaged in the engineering department, and Mr. HAYES was a clerk in his office. In the month of May 1847, a bill was sent to his employers by the prisoner THOMPSON, for the sum of £4, in the name of one John KINEALY. I would have you pay particular attention to this fact, Gentlemen, there being no such person living in or near this neighbourhood as John KINEALY. There was a Mr. James KINEALY resident in this town at the time I speak of, who died since last assizes, we are therefore obliged to alter our intended line of proceeding in this case. Mr. THOMPSON held his office in Mr. KENEALY's house some time before, but at the period this bill was drawn he held it in Mr. BROWNE's, in this town. The bill pretended to be for one month's rent for Mr. KINEALY's premises; and immediately afater it was forwarded to Mr. L'ESTRANGE, Inspecotor of Finances in this district. A person in the employ- ment of Mr. L'ESTRANGE will state to you, Gentlemen, that he brought that cheque with others to this town to distribute to the proper parties, and how he met Mr. HAYES, who took up the cheque, saying he would deliver it; he will also state how HAYES returned him a receipt signed "John KINEALY," which signature I shall prove to be a forgery, it being in the prisoners hand writing. I shall then prove, Gentlemen, that the cheque was taken to the bank and endorsed by the other prisoner, Mr. THOMSON, who received the amount, £4. The indictment embraces all these particulars, and you will have no difficulty in finding a verdict of conviction as it must be manifest, Gentlemen, that there was an attempt to defraud some party, it does not matter whether Mr. KINEALY or the Board of Works. Mr. SCHOALES concluded by calling
Mr. William MOONEY sworn--I am one of the chief clerks of the Board of Works; I know Captain Thos. E. LARCOM; I was here last assizes; I have a document marked "500" that is the usual way payments are made; I see a receipt to that document; cannot swear to the handwriting; Captain LARCOM's name is on the back; he is one of the Commissioners of Public Works; I have known him to act as such; I have been acquainted with him for nearly twenty years; I know the handwriting on the back of the document; it is that of Thomas Harcourt THOMPSON's, and his name; Thomas is contracted, but Harcourt THOMPSON are written in full.
Mr. SMYLEY desired the Clerk of the Crown to read the document.
Mr. James WANN examined--The handwriting on the document is Henry Gillespie HAYES's; he signs the name "John KINEALY', I saw this docu- ment (a receipt) before; brought it from the Inspector of Finance's office to Cavan on the 12th of May 1847; brought it to Mr. THOMPSON's office; Henry HAYES was a clerk there; the office was then held in Mr. BROWN's; it was previously held in James KINEALY's;on that day I had a number of cheques from the Inspector; I was reading them over in Mr. THOMPSON's office, when I came to the name "John KINEALY," HAYES said that was theirs (check handed up which witness identified); THOMPSON was not in the office at that time, John REILLY and a little boy were there; I handed him this cheque, also this document, and told him to have a receipt on my return; the amount was £4; these blanks (pointing to the receipt) were not filled up; I returned in half an hour, and he gave me the receipt filled up; the name signed is John KINEALY, it is in HAYES's handwriting, and witnessed by Henry G. HAYES; I see this writing (looking at the paper), I cannot swear it is Mr. THOMPSON's.
Cross-examined by Mr. MAJOR, A.C.--When I got the receipt, I said to HAYES--this is not Mr. KINEALY's writing; he said it would do.....
Mrs. Margaret KINEALY examined by Mr. SMYLEY, Q.C.--My husband's name was James KINEALY; he had a house in this town....Mr. THOMPSON held his office in our house for six months.
Cross-examined by Mr. BOYD---.....(The remainder of Mrs. KINEALY's evidence was merely a repetition of the foregoing.)
Mr. ANDERSON, Manager of the Provincial Bank, Cavan sworn--I know Thomas Harcourt THOMPSON...There is a bare possibility that the cheque might have been entered and not paid....
Judge PERRIN here interrupted the proceedings by saying that as prisoners were tried yesterday, and the prosecution failed, he thought enough had been done. Crown counsel concurring, the prisoners were at once acquitted.
Henry Thomas AVELINE was arraigned, charged with having forged the signature of Wm. SHERIDAN, and drawn the sum of £6 15s. in his name from the Board of Works, which he applied to his own private purposes. (This prisoner and also the two preceding were permitted to occupy seats in front of the dock).
Wm SHERIDAN examined--Was in the employment of Mr. AVELINE to care his horse and look after the picks; was engaged for him by Mr. THOMPSON at a salary of 1l per week; Mr. AVELINE only paid me 15s. a week, and when I spoke to him about it, he said "Oh, I think 15s. a week very fair pay," so I said nothing more lest I should lose my situation. (The witness was here handed a document, and asked if he had written his name as it appeared thereon?) No, for I can neither read nor write, and never authorised any one to sign my name to it.
Cross-examined by Mr. BOYD--I was engaged by Mr. THOMPSON as Mr. AVELINE's domestic servant; Mr. AVELINE kept the store in the rere of his lodgings; I summoned him to the petty sessions; after that, I made an arrangement with John REILLY and Mr. MORTON, the regular store keeper, (a document was here handed to witness); I acknowledge to have signed that, upon receiving one pound from John REILLY, it is a receipt in for all claims I had upon him for the balance of my wages; I gave this receipt because I was told I would get nothing at all.
Mr. John REILLY (of Cavancrane) sworn. Witness got the receipt here produced with his mark; the other receipt for £6 15s., I know nothing about; the body of it is in the handwriting of Mr. AVELINE, but I cannot swear who signed the name, "William SHERIDAN" at the end.
Capt. George Sheppard DYER (or DWYER) sworn--I succeeded Mr. L'ESTRANGE as Inspector of Finance in this county; the prisoner acted as assistant-Engineer in Belturbet; I know his writing; the body of the receipt is in Mr. AVELINE's handwriting; I believe the name also; yes, I do say the same, "William SHERIDAN," as in the handwriting of the prisoner.
Cross-examined by Mr. BOYD I saw him only write on one occasion, but numerous documents in his writing were constantly coming under my notice, and my attention was directed to these in particular. (Prisoner's counsel here handed up another cheque, bearing the name of H.T. AVELINE). The endorsement on the back of this cheque is Mr. AVELINE's undoubted authority; (after a variety of ingenious questions put to him by Mr. BOYD, witness acknowledged that there was a difference between the regular cheque then produced and the receipt, purporting to be signed by Wm. SHERIDAN, and that he would not take it on him to swear that both names were written by the one person).
The judge ordered the issue paper to be handed to the jury, who returned an immediate verdict of acquittal.
The prisoner then left the court. Mr. MOONEY addressed the bench, and said that for a long period SHERIDAN was put forward for 5d. per day, which was regularly paid to AVELINE for him by the Board of Works.
His Lordship said he had no power to order a restitution.
Mr. MOONEY then retired.
Mr. HORNER was then charged with receiving lead which had been stolen from Lord FARNHAM's school-house on the 23d of June (see WATSON and M'COLLUM's case).
George MAHOOD, for an assault--to be imprisoned for twelve months, two weeks' solitary confinement.
Michael CURRY--to be transported for seven years.
Matthew HARRISON and B. M'CAUL--to be imprisoned for nine months.
Charles SMITH--to be imprisoned for three months.
Laurence SMITH--to be imprisoned for one month.
Patrick KING--to be imprisoned for twelve months.
John HORNER, Wm. WATSON, and Hugh M'CULLUM--to be imprisoned for three months.
Charles ELLIOT--to be imprisoned one month, hard labour. Margaret REILLY--one fortnight from comittal.
L. LYNCH--one month at hard labour.
Owen GILLERLY--9 month imprisonment, and to be taught a trade.
(Before Judge CRAMPTON)
John M'CORMACK v. The Rev. Wm. M'AULEY, P.P., of East Annagh
The following jury was sworn--Henry MAXWELL, Mathew LOUGH, Terence KIERNAN, Robert FITZGERALD, W. J. MONTGOMERY, Anthony GILROY, John REILLY, John Alexander FARIS, John ELLIOTT, Thomas HANLEY, John MOORE, Wm. Moore BLACK.
This was an action for assault and battery. Damages laid at £100.
Mr. Robert JOHNSON opened the pleadings on behalf of plaintiff--My lord, in this case John M'CORMACK is is plaintiff. The Rev. Mr. M'AULEY, defendant. The first count of the declaration charges that on 23rd January, at Glassdrum, in this county, the defendant committed a grievous assault upon plaintiff; the second count is for a common assault, to which the defendant has put in a double plea; first, the general issue, and secondly, that the house (the chapel of Killoughter) where the assault charged in the declaration, is alleged to have been committed, was the property of the defendant.
Mr. BROOKE stated the case for the plaintiff. He said his client was a poor but industrious farmer; the assault of which he complained was committed upon him in Killoughter chapel on Sunday, the 23rd January-- Killoughter is in the parish of Armagh. Plaintiff went to the chapel, with his son and daughter, being a very religious man; and when entering it he was about dropping his subscription into the box, what he could afford, his son and daughter do so likewise, when the Rev. Mr. M'AULEY, the defendant, who is the parish priest, said he should not enter there unless he paid 2s. 6d. The plaintiff remonstrated and endeavoured to enter the chapel; but defendant assaulted him and tore his clothes. The learned gentleman was a man of very violent temper; and he therefore trusted if this case should be proved to the satisfaction of the jury they would afford adequate damages, to express their disapprobation of defendant's conduct.
Terence BRARY (sic) examined by Mr. Robert JOHNSTON--I live in the parish of East Annagh; was in Killoughter chapel on th 23rd of March last; about twelve o'clock in the day saw John M'CORMACK, the plaintiff there; he and I went up to the chapel about the same time; the defendant was there; he asked M'CORMACK if he had paid his chapel dues; plaintiff said not, for that he had 2l of county and poor-law cess to pay; his reverence then asked him when he would pay it, and plaintiff said he did not know. M'CORMACK pulled out a half-penny, going to drop it into the box, like other parishioners, when the priest said he should not enter; M'CORMACK then endeavoured to force his way in; but the priest caught hold of him and his waistcoat flew open; saw some blood on M'CORMACK's face; M'CORMACK, notwithstanding, went into the chapel and remained during mass.
To Mr. SHEIL--It was an agreement between the parishioners, that each of them should contribute to defray the expense.
Philip DOLAN examined by Mr. BROOKE--He corroborated the testimony of the former witness, and said that plaintiff forced his way into the chapel between the priest and John FITZSIMONS, who held a collecting-box.
Francis M'CORMACK, son of the plaintiff examined by Mr. JOHNSTON. He said he saw the priest push his father down into the chapel and told him to begone for a scoundrel.
Mr. SHIEL addressed the jury for the defence,--I ask you, gentlemen of the jury, have you ever heard of such a paltry action brought into a court of justice; and that, too, into a superior court like this. If it was redress for any real or fancied grievance he sought he could have gone to the court of quarter- sessions and proceeded by civil bill, and recover the sum of £10, if entitled to it. But, gentlemen, that would not bring costs to the party who brought the action into this superior court. Gentlemen, the facts of the case are simply these; the rev. gentleman, my client, finding the house of worship, Killoughter chapel, much out of repair and in a very delapidated state, consulted his parishioners as to the propriety of having it put into proper repair, and they all agreed to subscribe, according to their means, to defray the expense of so doing. The rev. gentleman had the chapel accordingly put into thorough repair, as has been admitted by the witnesses produced on behalf of the plaintiff; and the plaintiff was better able to pay a portion of the outlay than many who subscribed more liberally. The balance of his quota of subscrip- tion was 2s. 6d., which he insultingly refused to give, but proposed to give the munificent subscription of ½d.!
But, gentlemen, the only way to account for his conduct is, that he is what's commonly called a village lawyer, and therefore nothing would do for him so well to raise his character in that capacity than to bring an action in a superior court against his parish priest for assault and beating, for endeavouring to induce or compel him no pay his trifling subscription of 2s.6d., for the repairs of his house of worship, he being a farmer, and holding a considerable portion of land. With regard to the nature of the action, the assault was committed actually in self-defence, as the plaintiff held up his fist to the rev. defendant in a threatening attitude. I will now leave the case in your hands, relying with confidence upon your sense of justice, as conscientious jurors, to return a verdict for my client.
John FITZSIMONS examined by Mr. DOHERTY--I know plaintiff and defendant; was at Killoughter chapel the day this transaction happened, but I do not recollect the day of the month upon which it occurred; was collector at the chapel door on that day; the Rev. Wm. M'AULEY was standing close to me at the time; the priest asked him for his subscription of 2s 6d. for the repairs of the chapel, but which he refused to give then or at any other time; it was plaintiff first raised his fist; he put it against the breast of the priest, and shook it in a threatening manner; he then made a violent rush against at half-door, which was to the chapel, and forced his way; the priest caught hold of him by the breast to pull him back, but he then let him go into the body of the chapel.
Philip REILLY examined by Mr. ACHESON--Recollects this transaction (which he described as the other witnesses); priest said M'CORMICK should pay 2s. 6d. which he would not promise to do; he clenched his fist, and held it up to the priest's face, and said he would take the law of the priest.
Mr. JOHNSTON replied to evidence, upon which he commented in very eloquent terms, defending the conduct of the respectable attorney who had brought the action of plaintiff. He eulogised the general character of the Catholic priesthood, but instanced the violent conduct of the rev. defendant as an exception to the general rule, and said this was a case for the superior and not the inferior courts, upon the principle that the poor man was entitled to equal justice with the rich.
The learned Judge charged the jury at considerable length, after which they retired, and not being able to agree, they were discharged by his Lordship, who returned into court for the purpose at half past nine p.m.
Counsel for plaintiff--Messrs. BROOK, Q.C., and R. JOHNSTON. Agents-Messrs. James and John ARMSTRONG.
Counsel for defendant-Messrs. J. SHEIL, Q.C., Jas DOHERTY, and _______ ACHESON. Agent--Mr. TULLY.
This was the only record tried during the assizes.
On Saturday, Judge CRAMPTON, shortly after entering the court, felt indisposed and was obliged to retire. His Lordship fainted in the hall, from whence he was conveyed to his lodgings, where Dr. COYNE was promptly in attendance. Under the professional management of this eminent physician, his Lordship quickly recovered, and on Monday was able to resume his duties.
COUNTY OF CAVAN GAOL--We have been requested by the Governor of this establishment to call attention to the immense number of convicts at present confined therein. Notwithstanding that the prisoners have averaged the unusually large number of 108 during the last twelve months, there have for some time past 38 convicts left there, most of whom were sentenced before and at the June session of 1847. These unhappy people, having been for their crimes deprived of liberty, are frequently driven to desperation; and the consequence is, that they are daily concocting dangerous conspiracies; in fact, it is almost impossible to keep the prison in proper order while such a number are confined in it. They are also the means of imposing extra and unjust taxation upon the ratepayers of the county. Under these circumstances we feel it imperative upon us to direct public attention to the matter. We understand the Grand Jury has memorialled the Government upon the subject; and we trust the proper authorities will at once see the necessity for remedying the abuse.
The Rev. Thomas BRADY, C.C., Drung, is rapidly recovering from a very severe attack of typhus fever contracted whilst administering spiritual consolation to the sick poor of that parish. His recovery, under divine Providence, is chiefly attributed to the ability and medical skill with which he was treated during his illness by Dr. William ATKINS, of Ballyhaise.
GREAT ORANGE MEETING AT BALLYHAISE, COUNTY CAVAN On Wednesday last, the 12th instant, several large bodies of the Orange- men of this country assembled on the lawn of Ballyhaise Castle, the seat of Wm. HUMPHREYS, Esq., to celebrate the anniversary of the battle of Aughrim. The meeting was highly respectable, and numbered several thousands. We failed to ascertain the exact number of enrolled Orangemen, or even the number of lodges from each district. The following District Masters were present:--Mr. A. Booth BELL, for Ballyjamesduff; Mr. CLARKE, for Cootehill; Mr. KENNY, for Cavan; and in the absence of Dr. STURDY, Mr. Thomas REILLY, acted as master for the Belturbet district.....
James HUNTER and William SHAW, Plaintiffs.
Eliza NIXON and others, Defendants.
PURSUANT to the Decree made in this Cause, bearing date the 1st day of June, 1848, I require all persons having Charges or Incumbrances affecting the Lands and Premises of LURGAN, CURRAGHMORE, CURRAGHKEEL, and DRUNG, situate in the County of Cavan, in the Pleadings in this Cause mentioned to come in before me at my Chambers on the Inns Quay, in the City of Dublin, on or before Monday, the 14th day of August, 1848, and to proceed to prove the same; otherwise they will be precluded the benefit of said Decree;
Dated this 6th day of July, 1848. E. LITTON,
Richard Philip TIGHE, Solicitor for the Plaintiff,
20, Middle Gardiner-street, Dublin
ROMAN CATHOLIC PROCESSION IN FERMANAGH-- A correspondent in Ballinamallard writes us that a procession of Roman Catholics of that town and neighborhood took place on Sunday se'nnight. They marched towards the road leading to Enniskillen, and as they went their numbers were greatly increased. What object they had in view is not known.--Freeman
July 21, 1848
THE POOR LAW.--The first annual report of the New Irish Poor Law Commission has just been published. It shows that pauperism has steadily increased under the out-door relief system. Early in last February the number of persons in receipt of out-door relief in 100 unions was 455,456, and on the 8th of April the number so relieved in the same unions had increased to 638,141. In addition to the paupers receiving out-door relief, there were 140,546 inmates in the workhouses at the date of the report, and thus upwards of 800,000 persons were daily relieved at the charge of the poor-rate in the month of March and the beginning of April; but this is not all; 201,427 children were also maintained by the British Association under the superintendence of the poor-law inspectors, so that the entire number of persons gratuitously provided with daily sustenance in Ireland amounted, in round numbers, to 1,000,000 or about one-eighth of the entire population...
On Tuesday, the 18th instant, an inquest (adjourned from the preceding day) was held by John MACFADIN, Esq., of Cootehill, one of the coroners of this county, and a respectable jury, at the house of Mr. Thomas CONNOR of Glasleck "near Shircock", to inquire into the cause of the death of Rose CONNOR, aged 10 years, daughter of Mr. Thomas CONNOR aforesaid, who died on the 16th instant, from the effect of injuries inflicted on her person, by being thrown down and passed over by a cart, on the evening of the 10th instant. It appeared that three men, from the neighbourhood of Carrickmacross--namely, Patrick MURPHY, Edward HANLON, and John M'ENALLY, each driving a horse and cart, left the town of Bailieboro together on Monday the 10th inst., accompanied by a fourth person named Patrick GALLOGLY, who drove an ass and cart, and after coming more than 3 miles from the latter town, on their way homewards, they began to drive furiously along the road, leaving GALLOGLY, who was unable to keep up with them, behind; and on passing Glassleck they came in collision with the above-named Rose CONNOR, threw her down on the road side, and drove one or more of the carts over her, inflicting severe injuries upon her person, from the effects of which she died on the 16th instant.
Her mother stated that deceased left the house on the evening of Monday the 10th instant in as good health as ever she was, about 5 o'clock in the evening, and that she went out with a piece of bread to her brother (aged 12 years) who was herding cows in the townland of Glassleck. She did not see deceased afterwards, until she saw her in Mr. James MARTIN's after receiving the injury, where she remained for two days, after which she was carried home. When she (deceased) came home, she told her mother that she went to turn their geese off the road, and that a horse and cart drove over her, inflicting severe injuries on her person. She did not enquire whether the drivers had reins on the horses or not, but she told her they were driving furiously at the time, and that they drove over her body. She allowed she did rise herself after receiving the injury, but that her breasts and belly were greatly hurt. She was sensible up to the time of her death, except that she had occasional ravings.
Patt GALLOGLY sworn--Did not see the carts cross the child, but he saw them dashing on the road before him; was along with MURPHY, HANLON, and M'ENALLY leaving the market, and he kept up with them for about three miles-and-a-half; went on before him; left his sight, and were so far before him that he could not hear the noise of their carts; could not tell whose cart went over her, but MURPHY's cart was foremost when they passed him; the three carts were in a row after each other when they passed him, and they went on so while they were in his view.
In reply to the Foreman, he said he thought they had a couple of glasses in, but they were not so drunk as not to be able to mind the horses and themselves; the carts had high boxes on, and the drivers were sitting in the carts crosswise; M'ENALLY's cart was hindmost then, but he after- wards got into the middle; it was about a mile from where the child was hurt; one Patt BURNS sat along with M'ENALLY in his cart; on coming up to where the child was hurt, he saw James MARTIN, who called to him, and he stopped until MARTIN came up to him, when they saw the little girl torn and tattered; she was sitting at the time on the side of the road--on the left-hand side as one would go from Bailieborough to Carrickmacross; she was not able to speak, being partially insensible when he came up to her.
Michael CONNOR, aged twelve years, brother to deceased, stated that he was herding cattle on the day his sister met with the accident; she came out to him with a bit of bread about four or five o'clock in the evening of that day; they saw carts driving furiously up the road, and his sister went down to turn their geese off the road for fear of their being killed by their carts; the horses were trotting hard, and his sister asked him if she would turn the geese, and he said she might if she liked; two of the carts were in a breast, and the third was closely up to them; does not know which of them drove over her first; the cart that knocked her down drove over her, and the third cart passed over her also; the two foremost drivers did not look behind them, but the third looked behind him after he passed; none of them stopped; the horses were galloping at this time; his sister told him that she must go home, as two of the carts passed over her, and he told her to not cry and that he would soon go home with her.
Simon HALFPENNY sworn--Was about 100 perches off, and saw the drivers for about a quarter of a mile; the little girl crossed the road when they were within about fifteen or twenty perches of her; when they came within ten perches of her M'ENALLY (if that was his name) was striving to get foremost; the little girl at this time was standing on the ditch of the road (a low little ditch with the back of it to the road), and from some motive, whether to turn, the geese or to leave the way of the horses could not say; and before she got in on the gravel of the road she was knocked down by the horse's nose or knee, and the cart passed over her.
Patt BRADY, one of the jurors, deposed to the fact of HANLON, one of the parties, having admitted to himself on Tuesday evening, the 8th instant, that M'ENALLY's cart also crossed her on the road..
After a few minutes deliberation, the jury unanimously agreed to the following Verdict: "We find that Rose CONNOR, deceased, died on the 16th instant from the effect of a horse and cart passing over her body on the 10th July, 1848, accidentally, and we are of opinion that Pat MURPHY, Edward HANLON, and John M'ENALLY were very culpable in driving so furiously on the public road at the time of the accident, whereby they came in collision with the deceased."
The coroner, in the presence of friends of the parties by whom the poor girl came by her death, lectured them very severely upon their misconduct, and pointed out to them how narrowly they escaped from being placed before the bar of justice, on a charge of manslaughter. He said they were now in a position to be sued for pecuniary damages, to satisfy, by any means in their power to repair them, the wounded feelings of the parents of the deceased, whom their act, accidentally though it be, had sent to a premature grave. He was certain, if the parties had any conscience, that their own feelings were not to be envied to them, and he concluded by observing that in almost every case where accidents occur in this neighbourhood similar to the present lamentable one, the parties implicated were invariably from the county Monaghan--a fact which did not speak well for the general morality of its people.
Mr. CONNOR is a very respectable man, and a more amiable child than the deceased could not possibly be found. This heartrending occurrence has plunged into deep distress a highly respectable family and a large circle of friends.
MEATH ASSIZES--Trim July 12 GRAND JURY--Anthony Strong HESSEY, Foreman; Lord KILLEEN, John A. NICHOLSON, James NAPER, James N. WALLER, Henry C. SINGLETON, Gustavus LAMBART, Robert FOWLER, Samuel WINTER, John TISDAL, Edward ROTHERAM, Samuel GARNETT, John POLLOCK, Richard CHALONER, H. H. WOODS, George BOMFORD, Alexander MONTGOMERY, John FARRELL, Peter P. METGE, Michael THUNDER, P. H. CRUISE, F. M. M'VEIGH, and Robert F. RYND. Esqrs.
A correspondent informs us that as soon as Mr. Randal PRATT's acquittal was made known in Kingscourt, the people manifested great joy, and bonfires were lit on the surrounding hills in honour of the event.
July 28, 1848
COUNTY LEITRIM ASSIZES
MURDER -- CAPITAL CONVICTION
John M'DONOUGH was given in charge for the wilful murder of John M'GREEVY, in October on Friday.
At the last assizes a man named Hugh KELLY was tried and convicted of this offence, and subsequently executed. The evidence was then published at length, and the same was repeated against the unfortunate man, M'DONOUGH. The facts of the case are, that on the night of the 17th October last a party of four men went to the house of Pat M'GREEVY for a gun, and, being resisted by John M'GREEVY, a shot was fired which mortally wounded him. M'GREEVY returned the fire, and killed one of the party. The prisoner was identified by a man named Thomas CLANCY, who saw the party going into M'GREEVY's house. The jury did not deliberate more than half an hour, and returned with a verdict of guilty.
The prisoner did not appear to be much affected at the announcement of his fate.
MURDER OF THE REV. THOMAS MAGUIRE.
The Queen V. Mary REYNOLDS.
In this case the trial was postponed on behalf of the crown, and the prisoners ordered to remain in custody.
A similar rule was made with respect to John and Peter REILLY, who stood charged, in conjunction with Mary REYNOLDS, of poisoning Terence MAGUIRE and his wife.
STATE OF THE COUNTY CAVAN
On Sunday morning last the following notice appeared extensively placarded on the walls of this town and neighbourhood:--
"Dublin Protestant Repeal Association--A meeting of Protestants favourable to a consideration of the question of Repeal, in the present alarming and threatening state of this country, will be held in Cavan, early on the evening of the 25th inst.; when a deputation from the above association will attend.-- July 21, 1848."
Immediately after it became known the police and beadle went round pulling them down; but a number of young men got others printed and no sooner was one defaced than another was put up in its place. A good deal of excitment prevailed in the interval between that and the time appointed for the meeting. On Tuesday, which is our market-day, an unusually large number of persons were seen gathering into town, furnished with sticks and other weapons. About mid-day a party of men, whom we ascertained to be Orangemen, came marching in the Farnham road to the music of fife and drum commanded by a fellow named Arthur PATTERSON, and armed with guns and bayonets. They were stopped at the entrance of the town by Captain BATTERSBY, Inspector of our County Constabulary, and Sub- Inspector LOCH, and brought into a yard where they were examined. The Inspector informs us that there were sixteen men thus armed, and that each had a license for carrying arms in his pocket. At the solicitation of the gentlemen named, the party returned again toward home. While this proceeding was going on in one street, vast numbers of Orangemen from the direction of Ballyhaise gathered in and lined the Main-street, occupying public houses favourable to them in considerable force. Upon the arrival of the Dublin coach at four p.m., a rush was made to it, anticipating the appearance of the promised deputation; but those gentlemen were not there. Some one then reported that the deputation were arrested in Drogheda, and this satisfied the mob. After a few hours the Orangemen left the town, occasionally giving vent to their feelings.
The above account furnishes us with important matter for comment. In the first place, who was the printer of the bills?
They were done, we understand, in this town, and the printer by not affixing his name to them subjected himself to a penalty of 20l. The bills in themselves were not seditious nor inflammatory, but the cowardice that could prompt the printer to suppress his name deserves punishment; we therefore recommend the authorities to look after the offender and exact the penalty. Had the printer put his name to the placards, so policemen dare pull them down; or if they did, instead of directing the law against the printer we should be imploring its punishment for the police and the individuals whose orders they obeyed.....
There was no riot apprehended, unless created by those boors, who don't understand the simplest principle of Christianity--forbearance. The gangs that subsequently paraded the town in a menancing manner should have been carefully watched and dispersed at once or sent to gaol.
If the peace of the town was endangered there were sufficient military and policemen at hand to put down the riots. In any case, the attempt of the Orangemen to interfere with a peaceful meeting, was criminal in a high degree, and deserves the reprobation of their wealthy and enlightened friends.
On the 4th inst., at the residence of her father, Carr House, Stranton, West Hartlepool, Durham, the lady of George DUGGAN, Esq., C.E., of a son, who was subsequently named John Mitchel, in memory of Ireland's illustrious "felon".
On the 22nd inst., at Rahassane Park, County of Galway, the lady of Thomas A. JOYCE, Esq., of a son.
On the 24th inst., in St. Thomas's Church, by the Rev. W. B. MOLLOY, Charles O'REILLY, Esq., A. B., eldest son of Charles O'REILLY, Esq., M.D., 3 Lower Dominick street, to Gertrude second daughter of the Rev. Robert C. LOCKWOOD, Indaville Cashel, county of Tipperary.
On the 20th inst., in St. John's Church, Newport, by the Rev. S. B. YOUNG, the Rev. John A. BOLSTER, Prebendary of Cork, to Anna Maria, daughter of the late Robert Saunders YOUNG, Esq., of Clonsingle, county of Tipperary, and niece of the late Vice-Provost of Trinity College, Dublin.
On the 13th inst., of apoplexy, at Portlongfield, Killeshandra, Luke LITTLE, Esq., aged 30 years. Mr. LITTLE was well known in this county, and universally beloved and respected for his kindness and amiability; he was unmarried, but an extensive circle of relations and friends lament his premature death.
On the 22 inst., at the advanced age of 79, Mrs. SHERIDAN, of Farnham- road, Cavan, sincerely regretted by all who knew her and were acquainted with her Christian virtues and many excellent qualities.
On the 20th inst., suddenly at Newgrove, county of Tipperary, George, youngest son of Theobald FETHERSTON H., Esq., formerly of Mosstown, county of Westmeath.
On the 19th inst., aged 71 years, Ann, widow of the late Mr. COGGETT, M.P.
At Portsdown, on the 13th inst., Thomas SINNAMON, Esq., aged 71 years, one of the oldest and most respectable inhabitants of that town.
James HUNTER and William SHAW, Plaintiffs.
Eliza NIXON and others, Defendants.
PURSUANT to the Decree made in this Cause, bearing date the 1st day of June, 1848, I require all persons having Charges of Incumbrances affecting the Lands and Premises of LURGAN, CURRAGHMORE, CURRAGHKEEL, and DRUNG, situate in the County of Cavan, in the Pleadings in this Case mentioned, to come in before me at my Chambers on the Inns Quay, in the City of Dublin, on or before Monday, the 14th day of August, 1848, and to proceed to prove the same; otherwise they will be precluded the benefit of said Decree.
Dated this 6th day of July, 1848.
Richard Philip TIGHE, Solicitor for the Plaintiff, 20, Middle Gardiner-
County Cavan Newspaper Transcription Project
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