Published in Cavan, county Cavan
November 3, 1848
An attempt was made this morning on the life of William Armitage MOORE, Esq., of Drumealis, the particulars of which have just reached us.
As Mr. MOORE was on his way to Miltown, near Belturbet, to receive rents due by Lady ANNESLEY's tenants, his car was stopped by two fellows near Baker's-bridge, one of whom presented a pistol at Mr. MOORE's breast, and snapped it; fortunately the pistol missed fire, whereupon the two ruffians fled. Mr. MOORE, who was closely muffled up at the time, could not extricate a pistol which he carried in an inside pocket, until the fellows got to some distance; he then gave chase, joined by a clerk who accompanied him and the car-driver. The country people, it seems, gave them every obstruction in the pursuit, and assisted the would-be murderers in their flight. Before the fellows got out of sight, however, Mr. MOORE discharged three pistol shots at them, which, owing to the distance between them, did not seem to have taken effect.
Mr. MOORE went immediately and alarmed the police in the neighbour- hood, as also the Cavan police, who at once set out to scour the country. At four o'clock, P.M., this eveing, a young fellow named KIERNAN, was brought a prisoner into Cavan. He was at once identified as the second person engaged in the outrage.
CAVAN SPECIAL SESSIONS
A Special Sessions was held at the Court-house, Cavan, on Tuesday, the 31st of October, for the purpose of electing two High Constables for the Collection of Grand Jury Cess in this county, in the place of Mr. John ROGERS and Mr. Thomas KNIPE, who resiged.
Matistrates present--The Right Honourable Lord FARNHAM, K.P., William HUMPHRYS, Esq., Henry Theophilus KILBEE, Esq. Theophilus Lucas CLEMENTS, Esq., Robert ERSKINE, Esq., Abraham BRUSH, Esq., Theophilus THOMPSON, Esq., Eyre COOTE, Esq., Robt. CLIFFORD, Esq., Michael PHILLIPS, Esq., James BAILIE, Esq.
Mr. William Nixon MORTON was appointed High Constable and Collector for the barony of Lower Loughtee; his sureties, Mr. Wm. NIXON, of Thornbill, and Mr. Francis EBBITT, of Drumgart. MR. Philip SMITH was appointed High Constable and Collector for the barony of Tullygarvey; his sureties, Mr. Richard PHILLIPS, of Cootehill, and Mr. Philip SMITH, of Carrickville
A most disgraceful outrage was perpetrated in the townland of Lisboduff, parish of Drung, on the evening of Wednesday, the 26th ult. It appears that John LYONS, bailiff on the property of Richard B. BLACKWOOD, Esq., was sent to apprise some tenants on the estate that the agent, Joseph LYNCH of Roebuck, Esq., would be receiving rents in Cavan, on the following Monday, and that he expected, that they would be prepared on that day to pay their rent. LYONS, after performing his duty, was quickly returning home, about six o'clock in the evening when he was attacked by a party of men armed with sticks, who beat him in a most brutal manner; he received two dreadful cuts on the head, and there is no knowing where their brutality would end, were it not that the noise of persons approaching caused them to fly. No cause can be assigned for such a wanton attack upon an innocent man; there cannot be a more indulgent landlord than Mr. BLACKWOOD, and, as for LYONS, though he has been for more than twenty years bailiff, so far from incurring the hostility, he had succeeded in gaining the friendship of the tenantry on the estate. His character differs widely from the "Darby O'DRIVES," described with so much truth by Carleton, who delight to harrass and oppress a people verging on a state of starvation, and who, in their time, have been hated by the people, who, erroniously think it not only patriotic, but praiseworthy to resist a bailiff, not so much in detestation of the man, as on account of the obnoxious office which he fills. No sooner did the Rev. T. BRADY, C.C., hear of the occurrence than he brought LYONS to his house, had his wounds dressed, and induced him to remain until next day. It was fortunate he did so, for, had he ventured home that night, he would in all probability, have never seen his wife and family alive.
THE LATE HUGH O'REILLY--In recording the demise of the late Hugh O'REILLY, Esq., J.P., which melancholy event took place at his seat, Newgrove, county Meath, on the 15th instant, in the 74th year of his age, we are constrained to say, that it has seldom fallen to our lot to record the death of an individual more generally esteemed in the various walks of life than the late lamented Hugh O'REILLY, Esq., senior Magistrate of this district--an office which he filled for a long series of years, which honor to himself and satisfaction to the public. Ever the punctual and strictly conscientious attendant upon his magistrerial duties, his brother magistrates must feel his departure from amongst them, as one of those losses for which it is difficult to find a remedy. Unassuming in his manners and easy of access, Mr. O'REILLY was ever experienced by t he poor man as the lenient administrator of the law, and the disinterested holder of it shield. "Justice to all," being the motto which this impartial magistrate acted under, his loss must be considered a public one. And when we consider the other trying arduous duties which he was daily called upon to discharge, in his capacity of poor law guardian, of which body he was an indefatigable, active and highly honoured member, we do say, that we may not easily find his successor. In a word, he was an upright magistrate, a kind neighbour, and an honest man. The poor in him have lost a friend, and legal jurisdiction its just dispenser; a loss which must for many a day be deeply and severely felt.-- Evening Packet.
In this town, on the 23d October, the lady of the Rev. Decimus W. PRESTON, of a son.
In Leeson-street, Dublin, the lady of Robert WILSON, Esq., of a son. October 27th, at Shelbourne-house, Durham, the wife of Major FABER, 49th Regiment, of a son.
October 30, at Belturbet Church, by the Rev. George De La Peer BERESFORD, the Rev. Mathew Nesbitt LAWDER, of Derrylane, in the county of Cavan, to Anne, eldest daughter of John GUMLEY, of Belturbet, Esq.
October 26, at Moydew Rectory, Longford, the Rev. Joseph GREENE, eldest son of the Right Hon. Richard Wilson GREENE, to Olivia DOUGLAS, eldest daughter of the late Charles D. JOHNSON, Esq., of Lodge, county Leitrim.
October 25, Hester Margaret, second daughter of the late T. G. CORMICK, Esq., of Newgrove, county Westmeath.
October 26, at the Grove, county Meath, Kate, third daughter of the late Thomas RYAN, Esq., of Ballinskill, county Kildare.
COUNTY OF CAVAN -- HILARY SESSIONS, 1848-9 CAVAN, Wednesday, 27th December, 1848, Day on which Ejectments, Replevins, Legacy Cases, Civil Bills, and all Defences thereto are to be entered, Tuesday, 26th December, 1848.
Arva James KEMP Ballyconnell William MAGINN and Robert GRAHAM Ballyhaise Francis MULLIGAN Bailieborough Andrew SMITH and George MAHOOD Belturbet George INGHAM and Wm. ANDREWS. Ballyduff Thomas SMITH Ballinagh Patt RABBITT Crossdoney Edward BEATTY Cavan Daniel LEDDY, Edward M'CABE, and Mark PATTERSON Cootehill Alexander TURNER and Peter REILLY Killisandra Graham ROSEMOND and Chas. COWAN. Kingscourt Robert ELLIOTT and Thomas ELLIOT Kilnaleck Arthur M'CLEAN Mountnugent John SMITH Mullagh Michael FARRELLY, jun. Redlion John NIXON Bawnboy Launcelot FIFE Shercock James BEATTY Stradone John KELLY and Patt MONAGHAN Swanlinbar John KENNEDY Virginia George M'QUADE
November 10, 1848
THE BITER BIT AND ACTIVITY REWARDED
On Saturday, the 4th inst., a peson in Bailieboro employed a girl to wash rooms, and, when cleaning the drawing room she perceived a small paper parcel on the chimney place, which attacted her attention; however, in the course of the evening, she watched her opportunity and put it into her breast. It happened, whoever, to be a sum of money, amounted to £6 14s. 7d., which the owner had brought from Cootehill Bank, the amount of a cheque issued by the Board of Guardians. The girl (Mary SWEENEY) had lived in Mr. Henry MAXWELL's, of this town, and eventually was discharged for dishonesty. She lodged in a house in town with widow MULLIGAN, and slept with Mrs. MULLIGAN having the stolen money secreted under her head. The next morning when she awoke she rolled it in a chemise and threw it behind a sack of chaff which stood i n the room, not thinking that any person was watching her. There was, however, a travelling tradesman (who repairs clocks), his wife and two children who slept in the same room, and, it appears, that one of the children, who saw her hiding it, went and told its mother, who, at once repaired to the place where the money was concealed, found it and give it to her husband, who went out and concealed it in a field. When he returned they both went to chapel, and, after returning, remained in the house all day. At four o'clock on Sunday evening, the girl (Mary SWEENY) wanted to treat some boys, and went up stairs to draw on her pilfered parcel, but, to her great disappointment it was gone. When she came down stairs, she, "very generously" offered £1 reward; but could not discover who the pilferer was; as, the robber thought it better to have all and hold a closed mouth. Mrs. MULLIGAN's son went for the polcie, and swearing, said she got the money from Mr. MAXWELL's girl. One of the police then asked the girl who stole the money did she give it to Mrs. MULLIGAN? She denied having ever given her any of it. Before the police went away, she said that she got it when she was cleaning one of the rooms in the last house she was in. The police went at once to the person from whom she stole the money, and inquired if he had lost any money; when he searched, and found it was gone. The whole party were brought before Sir John YOUNG, who committed Mary SWEENY to gaol to stand her trial at the next Bailie- boro Sessions, and discharged the other four prisoners, John BRADY, his wife, and MIchael and Biddy their children, who said they were from the town of Longford; they slept in MULLIGAN's that night; next morning they started for Kells, and Jas. MULLIGAN watched thom along the road for about a mile, till he perceived them go into a man's house named CLARKE, he returned to town and informed the person who lost the money, and, they both watched, but did not see them leave the house, and, having given up all hope of their leaving till night, they returned to town and were talking over the affair to Mr. WELSH's man, who said he met the party near Moynalty. A car was immediately ordered, and the person who lost the money and James MULLIGAN, whose exertions on the occasion were most praiseworthy, and one of the police, named Henry KEENAN, all started after the robbers, expecting to find them in Moynalty, but, on the way were informed that the robbers had passed through on their way to Kells. The whip was used well, and, as Providnce directed, the party was overtaken between the Workhouse gate and the town of Kells, and, on being accused, they admitted they had the money, told where they concealed it, and how they got it. The fiver robbers in four days only spent 4s. 4d. of the £6 14s. 7d. They were brought back to Bailieboro and have been committed to Cavan gaol; the children are gone to Longford. THe notes were identified by the person who lost them.
OUTRAGE--On Friday night last, a man named Patrick MORRIS was violently assaulted in the wood of Rathmino, near Moynalty, and a double-barrelled gun feloniously taken from him. John FARRELL, Esq., D.L; Richard CHALENOR, Esq., J.P.; Samuel SMITH, Esq., J.P.; William GARNETT, Esq., J.P.; and Thomas BARNES, Esq., J.P., have offered a reward of £40 for the apprehension and conviction of the offender within six months.
October 30, at Newtownstewart, county Tyrone, the lady of the Rev. Robert CAMPBELL, of a daughter.
November 2, at the Glebe, Oldcastle, county Meath, the lady of the Rev. T. DURDIN, of a daughter.
November 2, at St. Stephen's-green, the wife of William Digges LA TOUCHE, Esq., of a daughter.
November 7, at Sylvan Park, county Meath, the lady of Walter KEATING, Esq., of a son and heir.
November 4, in St. George's Church, by the Rev. Robert H. DUNNE, Rector of Churchtown, Arthur Hill GRIFFITH, Esq., of Gortmore, in the county of Westmeath, to Nannie, daughter of James Courtney COTTINGHAM, Esq., of Dublin.
November 7, at St. Anne's Church, by the Rev. Doctor SADLIER, F.T.C.D,, Thomas SADLIER, Esq., of Mulla, Kings County, youngest son of the Rev. the Provost of Trinity College, to Anne, third daughter of the late Robert BICKERSTAFF, Esq., of Preston, Lancashire.
November 1, at Ardlogher Cottage, the seat of her uncle, Dr. BRADY, sincerely lamented, Maryanne, eldest daughter of the late Mr. Edward M'DONALD, of Enniskillen.
On yesterday morning, at the Barracks, Cavan, Lieut Robert BOUGHTON, 57th Regiment, aged 31 years.
On the 7th instant, at his residence, Farnham-street, Cavan, Samuel MOORE, Esq., J.P., aged 74 years.
March 23, at Tutulla, Navigators' Island, after a brief illness, the Rev. Thomas BULLEN, missionary, aged 35 years.
On yesterday evening, at his residence, Main-street, Cavan, Mr. Edward PHILIPS, aged 67 years.
At Ballinagh, on the 7th instant, of fever, caught in the discharge of his onerous duties, Head-Constable Charles SPINKS, aged 37 years He served for more than 15 years in the police force, with credit to himself and advantage to his country; his death will be long felt by all those in the town and neighbourhood who wished to uphold the law, to see the disorderly punished and restrained, and the peaceable protected and supported. He has left a disconsolate widow, who must ever deplore the irreparable loss of a kind, affectionate, and loving husband.
November 17, 1848
CORONER'S INQUEST ON THE LATE MR. EDWARD PHILLIPS
Last week we recorded the death of Mr. PHILLIPS, on Thursday evening, at his residence, Main-street, Cavan. For twelve or eighteen months previous to his decease, Mr. PHILLIPS was unable to leave the house, owing to debility, and occassional fits of weakness superinduced by intemperance. Two nephews and a niece lived with him for many years, conducting his business, and managing his affairs generally during the time, he himself was incapable. They are quiet, industrious young people; and have earned for themselves characters for respectability and integrity which stand above suspicion. These and others, including Dr. BRICE, were present when Mr. PHILLIPS breathed his last.
The deceased was reported to have had a good deal of ready money, all of which, it was stated, he had locked up in an iron chest in his bedroom. This was the generally received opinion, but like all opinions based on mere hearsay, appears to have had no foundation. Mr. PHILLIPS had no family of his own, but had a number of relataives, including a half-brother, Patrick PHILLIPS of Clinlarra, near this town, a nephew in Bailieborough, Patrick PHILLIPS, son of Mr. PHILLIPS of Clinlarra, and another nephew in Longford, also Patrick PHILLIPS. The deceased died about five o'clock on Thursday evening, and in an hour or so after, Mr. PHILLIPS of Clinlarra, called upon Mr. C. PHILLIPS, one of the nephews who resided with deceased and demanded the keys of the aforesaid chest, &c. They were at once given him, with the understanding that the box and other trunks should be opened in the presence of witnesses next day. Up to this time there were strangers constantly in the room where this chest was, and after ascertaining that the chest was secure, MR. PHILLIPS went away, taking the keys with him. The corpse was then laid out, and waked for two nights.
Next day (Friday) Mr. PHILLIPS returned, and in the presence of the Right Rev. Doctor BROWNE, Roman Catholic Bishop of this diocese, the supposed treasure-chest was opened, but found to contain nothing save some papers and other things of no value. A strict search was instituted about the premises, but the anticipated guineas were "non est inventi". All parties expressed themselves satisfied, and separated, convinced that the deceased had not the possessions attributed to him by a gossipping public.
The body was waked Friday night also, to which there was free acess, and on Saturday it was buried, being attended to its last resting-place by a large and highly respectable funeral.
After the usual vulgar gape of astonishment at the poverty of the "old bachelor", the matter was quickly forgotten. On Monday or Tuesday, however, a letter was served on Head-Constable MOORE of this town calling for an inquest on the body of the deceased, by Mr. Patrick PHILLIPS of Bailieborough.
The letter alleged that it was generally rumoured that deceased came to his death by unfair means. The Head-Constable at once intimated the fact to Mr. BERRY, the corner, and on Wednesday Mr. BERRY came to Cavan for the purpose of having the body exhumed and holding an inquest. All the friends of the deceased met the coroner by appoint- ment, save the individual who preferred the charge, and it was found he had left Cavan for Bailieborough on the preceding day, apparently to avoid the inquest he had called. Mr. BERRY asked each of the friends if they supposed any means were used to procure deceased's death. Each of them, including Mr. PHILLIPS of Clinlarra, who is father of the Bailieborough man, and who held the keys and had the box opened, and Mr. PHILLIPS of Longford, protested in the strongest manner against any such supposition. Each and all of them declared they were perfectly satisfied the deceased died a natural death, and that he had always received kind and affectionate treatment from the nephews and niece who resided with him. Mr. C. PHILLIPS and his brother (the nephews referred to) said that as the matter was now buited abroad it would be better proceed with the inquest, to exonerate their characters from any unjust suspicions. They also said it was very unfair for the man who had called for the inquirty to be absent. The conorer condemned this individual's conduct in strong terms, and said from what he had heard he was fully convinced that it was only a waste of public money to proceed with the investigation. On the nephews insisting that the inquest should be proceeded with for sake of their characters, the coroner acceded to their request, and named Monday next as the day, he being then in a bad state of health. The friends of deceased then left the room.....
If Mr. PHILLIPS of Bailieboro' supposed his relateive was foully dealt with, why did he not call for the investigation before the man's remains were interred? He had ample time from Thursday to Saturday..For own parts we have not the slightest reason for believing that the deceased was poisoned, or died otherwise then from natural causes....Another subject reamins to be noticed. Why should the county be put to the expense of this farcical inquest. Our burdens are heavy enough without the addition of extras laid on by unthinking men. We venture to assert if Mr. PHILLIPS of Bailieboro' was liable for the expense of this inquest--if it prove to be, what it obviously is--an effusion of spleen, we should never have heard of it.
BELTURBET, Nov. 16, 1848--A most distressing accident occurred near this town on yesterday. Assistant Surgeon WOODMAN, and Cornet SMITH of the 13th Light Dragoons, quartered here, were out shooting--the latter amiable young gentleman had his hand fearfully mutilated; unfortunately he had put on the cap, and while, in the act of loading, one of the barrels of his detonator exploded. Besides the shattering of his hand, he, otherwise, received injury about the face and ear; but, we are happy to state, not of a serious nature. The combined skill of his brother officer and Dr. WADE was promptly exercised to alleviate his pain, and save the hand, if possible; but we regret to add that, apprehending lock-jaw, they found it necessary to amputate the fore and middle fingers. The lamentable occurrence has caused the deepest regret and sympathy among all the inhabitants of Belturbet. We trust, however, the unhappy circumstance will serve as a salutary caution to sportsmen.
HIGHWAY ROBBERY--It becomes our duty to record an outrage of this description, which, coupled with recent events, is somewhat significant of the disorganization that is silently but steadily gaining ground in this county. On Monday morning, between the hours of ten and eleven o'clock, a man named ARMSTRONG, in the employ of Mr. John ARMSTRONG, Newbliss near Clones, was robbed on the high- road, within half mile of Ballyhaise of the sum of £80. It appears ARMSTRONG was after receiving the money as payment of grain sold at the Ballyhaise mills, and had only got a short distance on his way home when two fellows stopped him, presenting pistols at his head. One of them tore open ARMSTRONG's vest and took out the money out of an inside pocket; the robbers then decamped. They ran first into Carrickmore Plantation, the property of William HUMPHREYS, Esq.; from that they were seen go over Camp Hill, in the direction of Ballinacargy. A few monents before the robbery, a little boy on the road saw three men behind the hedge. Two of them jumped out on the road, and stopping ARMSTRONG, who was advancing towards them, committed the robbery as before stated. While they were thus engaged the third man peeped over the hedge, and kept watch; he then went to his own house. This individual has been identified by the boy, and lodged in Cavan gaol; his name is Paul CARROLL. The other two, whose names are unknown, have escaped.
ROBBERY--Three pigs, value about £12, the property of John RADCLIFFE, Esq., of Willmount, were stolen from his premises on the night of Tuesday last, and were found in the possession of a strolling young beggarman, named James CASSERLY (commonly called Lily of the Valley), near Mullagh, in this county, by the police, about the hour of four o'clock on the morning of Wednesday last, and fully committed for trial.
THE LATE REV. EUGENE M'QUAID The anniversary of the death of the Rev. Eugene M'QUAID, late Roman Catholic Curate of Cavan, was celebrated in the church of Kilsherdany, on Thursday, the 9th inst. The venerable Bishop of the diocese and a large number of his clergy were in attendance.
BIRTHS On the 14th instant, at 1, Ely-place, the lady of John ATKINSON, Esq., of a daughter. In Hull, Mrs.George COFTON, of three fine living children, who, with the mother are doing well.
On the 6th instant, at Swords, by the Rev. John CAREY, P.P., Elizabeth Teresa DAVIS, only daughter of the late Mr. Samuel DAVIS of Malahide, to Mr. John CAHILL, of the same place.
On the 8th instant, in Clonmary Church, Nicholas John, eldest son of the Rev. N. J. HALPIN, of Seville-place, Dublin, to Rebecca, youngest daughter of Michael DOHERTY, Esq., of Glen House, county Donegal.
On the 13th instant, Mrs. Anne CONRY, aged 75, relict of John CONRY, formerly of 20, Upper Ormond-quay, regretted by a numerous circle of friends.
On the 11th instant, at De Vesci Terrace, Kingstown, Anne, wife of Robert WHITE, Esq., late of Old Park in the Queen's County.
DESPERATE ATTEMPT AT ASSASSINATION.--This morning our town was thrown into considerable excitement in consequence of the reported attempt to assassinate W. H. DANIEL, Esq., J. P., of Halston, in this county, on his way to the market of this town. We lost not a moment in dispatching our reporter to the scene of outrage, where he learned the following particulars:--This morning, (Saturday,) at eight o'clock, Mr. DANIEL left his residence at Halston, in his gig, for Athlone, and when about midway, and within a few perches of the residence of Mr. Robert JONES of Kilcornan, he was fired at from behind a hedge, where it appears two men lay in concealment, with the intention of depriving Mr. DANIEL of his life. The shot took effect in his left shoulder. When the arm dropped, Mr. DANIEL, with great presence of mind, immediately seized the reins with the right hand, and drove on as speedily as possible, when a second shot was fired, but fortunately it passed harmlessly over the unfortunate victim's head. Mr. D. arrived at the cottage Glasson, the residence of Nathaniel FALLON, Esq., sub-inspector, where his wounds were dressed by Dr. FALLON, who extracted five balls from the shoulder, which is much lacrated; but there is reason to believe that no unpleasant consequences will arise from the wounds. Sub-inspector FALLON immediately called out the police of the Glasson station, with whom he is at this moment scouring the country in search of the diabolical ruffians.-- Westmeath Independent.
INSOLVENT DEBTORS' COURT, CAVAN
William Henry CURRAN, Esq., one of the Commissioners, held a court in this town on Monday last, for the discharge of Insolvent Debtors; and took his seat on the bench, in the Court-house, shortly after ten o'clock.
The first insolvent called up to be heard on the matter of the petition was Henry NICHOLSON, and there being no opposition he was discharged.
Mr. Edward REILLY of Boagh, near Cootehill, farmer, was called; he was opposed by Mr. John ARMSTRONG, attorney, on behalf of Mr. John ROBERS, of Belturbet, late county cess collector, for the barony of Tullygarvey, who stated that this was an adjourned case.
Commissioner--What was this case adjourned for?
Mr. ARMSTRONG stated in reply that this case was adjourned at the two former commission at the instance of the insolvent himself.
Commissioner--Very well, Mr. ARMSTRONG; what is the nature of your opposition?
Mr. ARMSTRONG--That he has property which he has not returned in his schedule.
Mr. Samuel SWANZY, Clerk of the Crown, who appeared as attorney for the insolvent, stated to the court, that the insolvent procured the adjournment of his case at the two last commissions, with the view of trying to make an arrangement with Mr. ROGERS, his detaining creditor, as he did not wish to avail himself of the benefit of the Insolvent Act if he could avoid it. The case of the insolvent was this: he unfortunately was induced to join in bills with two persons of the law, and John SMITH of Artona (his brother-in-law), and John SMITH, a publican, residing in Cootehill (cousin-german of James SMITH, who was discharged as an insolvent in June, 1847), who were deputy collectors of county cess under Mr. Rogers, which bills were given to him as a security for the payment of money which they had received and did not pay over to him. Mr. REILLY was arrested and detained in jail for upwards of nine months at the suit of Mr. ROGERS; but James SMITH, and a man of the name of John FOY, of Bunoe (brother-in-law of John SMITH0 who also put his name on said bills, have not been arrested as yet under the execution issued against them for same, and no doubt if they were, they would be obliged to pay at least their proportion of said debt, as they are possessed of considerable property. Your lordship may perceive that poor Mr. REILLY has been made the scapegoat of the SMITHs, who should have paid their own debt to Mr. ROGERS.
The insolvent was then placed on the table, and having been sworn, was examined by Mr. ARMSTRONG, and in reply to his interrogatories admitted that he had, in conjunction with a man of the name of Owen REILLY, received £1,000 from the guardians of the Cootehill union, for milk supplied by them as contractors to the workhouse, and that they had sometimes paid more money for the milk they supplied than what they received by the contract for it; had a crop on his farm last harvest, but paid rent and taxes out of it.
Commissioner--And Mr. ARMSTRONG you must be aware that he had also to pay for seed and labour.
The insolvent was then ordered to be discharged, and that Mr. ROGERS might apply, if he thought proper, to the Insolvent Court in Dublin to be appointed assignee, but that the insolvent would be at liberty to oject to his appointment.
THE SMALL DEBT'S ACT
Thomas WILTON was opposed by Mr. John ARMSTRONG on behalf of Thomas SMITH. It was an adjourned case.
Mr. ARMSTRONG stated that the insolvent became indebted to his client in the sum of £38, to satisfy which, he gave a rent charge for a tenant of hisfor £5 10s. a-year, but which he prevented him from paying to him; and, in addition to that he was possessed of a fee simple property of 22 acres of good land, but nothwithstanding which, he refuses to pay his just debt to his client.
Commissioner to Mr. SWANZY, who appeared for the insolvent--What have you to state in reply to the charge against your client?
Mr. SWANZY--On consideration of the case, I think it is better to have the petition of the insolvent dismissed, as he can be discharged under the recent act of parliament, which came into operation on the 1st instant, his retainer being under £10.
Commissioner--As the insolvent has thought proper to prefer his petition to this court, and not avail himself of the benefit of that act of parliament, as he might have done at any time since the 1st of this month, and procured his discharge from prison, I will proceed with the case, and appoint Thomas SMITH his assignee.
Mr. SWANZY--With great rspect, I think your lordship is in point of law bound to dismiss the petition on the application of the insolvent, so that he may avail himself of the benefit of the act of parliament.
Commissioner--Mr. SWANZY, I will not do so.
Mr. SWANZY--Well, my lord, perhaps you will be so good as to make a note of my objection, as we will bring the case to another tribunal, and it will be necessary to refer to you note of my objection.
Commissioner--I will make no note of your objection. The insolvent was then discharged.
Peter CLARKE, a most wretched looking wight, who, it appears, was in confinement for twelve months and upwards, and whose addition in his schedule was a farmer, was brought up for adjudication, and there being no opposition entered against he he was discharged. His wretched appearance created a great sensation in court, and what astonished many persons in court was, how he procures the funds (no inconsiderable sum, which the insolvent agents, no doubt required from him), to enable him to file his petition.
Henry M'CAULEY out of custody; his petition withdrawn.
Owen SMITH, James M'CABE, John LEE, Philip BRADY, Samuel WILTON, Patrick MULHOLLAND, Philip CONLON were discharged without oppostion.
Denis M'CABE, Sheriff's Bailiff, adjourned case--Insolvent opposed by Mr. John ARMSTRONG, attorney, on behalf of Terence CONNELL, from whom insolvent held a house. To be discharged, and give up the house to Hugh M'DONNELL, CONNELL's bailiff, in three week's from this day.
Thomas MULVANY, farmer, opposed by Mr. S. N. KNIPE, attorney, on behalf of Mr. Samuel GERRARD, the Receiver under the court of Chancery, in the case of HODGES v. James O'REILLY, of Baltrasna. Like rule to give up possession of his land immediately, and his house in one month.
James DRINNAN, farmer of Tullyvin, who holds a farm of about five acres of land, was opposed by John TOTTEN, one of his creditors, who applied for a postponement of the case until next commission, in consequence of the absence of Mr. Thomas COCHRANE of Ballyconnel, his attorney. Application refused, and insolvent discharged, and an intimation from the court to TOTTEN, that if he thought proper, he might instruct Mr. COCHRANE to apply to the court in Dublin to have himself appointed the assignee of insolvent.
Benjamin STAFFORD, farmer, opposed by MR. GRATTAN, attorney, on behalf of Messrs. GRATTAN and HUDSON, executors of the Rev. Wm. GRATTAN, deceased. Insolvent discharged on giving an undertaking to give up his land immediately, and house in a month.
Mr. SWANZY appeared for the insolvent. Michael LARKIN, a supernuated excise officer, was opposed by Mr. John ARMSTRONG, on behalf of Patrick CUSACK, Dorethea GREGG, and George ELLIOTT. Mr. SWANZY appeared on behalf of the insolvent, and stated that the insolvent, who has a pension of £54 per annum, as a superanuated excise officer, was anxious to have the case postponed until next commission, he standing out in the interim on his former bail, so as to enable him to arrange with his opposing creditors.
Court--Be it so, and added, that it would strongly recommend the insolvent not to neglect making such arrangement, otherwise, it might be that the court would order his pension to be allocated for the payment of his creditors.
Terence FARRELLY, farmer, from the parish of Mullagh, opposed by Messrs. KNIPE and ARMSTRONG on behalf of the Kells branches of Hibernian, and London, and Dublin Banks.
After the examination of two witnesses, John FARRELLY, and Joseph DOUGHTY and the insolvent himself was remanded for six months, from the date of investing of the Bank to be at liberty to apply to the court in Dublin to have an assignee appointed.
Peter REILLY having been called and not appearing, it was intimated by the governor of the gaol that he was out of custody, having settled with his detaining credior.
Michael MULVEY, farmer, was opposed by Mr. KNIPE on behalf of Mr. W. SHERIDAN, receiver under the court of Chancery, in the case of REYNOLDS v. FITZPATRICK, who sought, that ere he would be discharged, he might be obliged to give an undertaking--to give up the possession of his land to the receiving, but, it appearing that the insolvent held the land by lease, he was discharged without being put on terms to give such undertaking. The receiver should be so advised to apply ato the court in Dublin to be appointed assignee.
Bernard SHERIDAN, farmer, opposed by Mr. ARMSTRONG on behalf of the Rev. Hammond DAWSON, the landlord. Discharged, on condition of giving up the land to Martin SMITH, of Shraw, Mr. DAWSON's bailiff, on that day month.
Andrew CLARKE, farmer, his detaining creditor not served--his return to be dismissed, to enable him to be discharged under the late act, the detainer being under £10.
Patrick M'QUAID, farmer, opposed by Mr. John ARMSTRONG on behalf of Margaret HURST--grounds of opposition two-fold--collusive arrest and suppression of property. It appeared that the insolvent resides in the county of Monaghan, where he obtain a sessions decree at the suit of a quillboy of his own, against himself; brought it with him to the town of Cavan, where he himself went to the sub-sheriff, got his warrant to it, and on the same it bore date; walked into gaol. Petition dismissed.
Phil SMITH, farmer, opposed by MR. ARMSTRONG on behalf of Mr. John ROGERS, receiver in the causes of SMITH v. REILLY, and REILLY v. SMITH. The insolvent having a lease of his farm; Mr. ROGERS to apply in Dublin to have an assignee appointed.
Patrick REILLY, farmer, opposed by Mr. SWANZY on behalf of Constantine O'NEIL, his landlord. Discharged--to give up his farm to opposing creditor in one month. Patrick LYNCH, farmer, opposed by MR. ARMSTRONG, on behalf of Mr. James BENSON, the receiver of insolvent's landlord, but it appearing that he (insolvent) held by lease. He was discharged without being obliged to give an undertaking to surrender his farm -- the receiver to apply to the court in Dublin to have an assignee appointed.
Lawrence DOLAN, farmer, opposed by MR. ARMSTRONG on behalf of Mr. Wm. Armitage MOORE, agent of Lord Annesley. Discharged-- to give up his land in one month to Thomas REILLY, his lordship's bailiff.
Charles CLARKE, farmer, opposed by MR. SWANZY on behalf of Mrs. Margaret DOUGHTY, his landlady, on the grounds of vexatious litigation, he having driven her to the expense of a Record, which cost between £60 and £70, to receive her rent. Remanded for six months, from the date of his investing order at the suit of Mrs. DOUGHTY.
As the proceedings to be adopted to obtain possession of the house or land, in pursuance of the undertaking given by the insolvent, may not be generally known to parties interested, it may be well to state it for their information. The landlord or his law agent must take out a copy of hearing, serve a copy of it on the insolvent, at or before the time the demand for possession is made; and, on refusal, an affidavit of the service of the notes of hearing, the demand and refusal of posses- sion must be made, filed, and an attested copy of it taken out to ground an application for a conditional order for an attachment against the insolvent, which must also be served on him, and an affidavit of the service also made, ere it can issue, which proceeding is much more expensive than that attending the obtaining of an Ejectment Decree.
November 24, 1848
The Rev. Mr. Darcy, P.P., of Mungret, has excommunicated the murderers of Richard DONOHOE, bailiff to Mr. GOUGH.
The Rev. Mr. M'EVOY, Roman Catholic rector of the parish of Kells, has been removed to the parish of Dunshauglin, he is to be succeeded by a nephew of Dr. CANTWELL's, the bishop of the diocese.
The incidents in anticipation of the Presidential election in the United States have taken a curious turn. Mr. Daniel Webster has been objecting to General Taylor on the ground that he is a sucessful general, and that victorious commanders, like Cromwell, are dangerous to Republican institutions. That such an assertion is not true is proved by many a illustrious name in the histories of Greece, Rome, and Venice; but Mr. Webster need not have gone further back than Washington.
At Moneycarrie-house, on the 12th inst., the lady of the Rev. John ROGERS, Comber, of a son.
Nov. 15, at Springfield, Mohill, the Lady of the Rev. Samuel Evans HOOPS, of a daughter.
November 14, at Creagh Cottage, Ballinasloe, the lady of the Rev. Frederick Le Poer TRENCH, Rector of Moore, of a daughter.
November 15, at the Botanic-road, Belfast, Mrs. Patrick KINNEAR, of a son.
On the 20th inst., by special licence, at Dalkey Lodge, by the Rev. C. S. STANFORD, Lucy Julia Sophia, fourth daughter of Major General Sir Guy CAMPBELL, Bart., to Edward Selby SMITH, Esq., Captain, 2d Queen's Royals.
On the 16th inst., in the Presbyterian Meeting-house, Armagh, by Rev. A. FLEMING, Mr. Andrew MAYNE, Thomas-street. Dublin, second son of G. MAYNE, Esq., Ballygaweley, to Jane, eldest daughter of John KENNEDY, Esq., Victoria House, Armagh.
November 16 in Ballinclough Church, by the Very Rev. Dean HEAD, Charles H. HARDEN, Esq., of Summer-hill, to Susan, eldest daughter of Newton SHORT, Esq., of Ballinamona.
County Cavan Newspaper Transcription Project
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