Published in Cavan, county Cavan
May 4, 1849
KILLESHANDRA PETTY SESSIONS - May 3.
Rev. Wm. SWEENEY, and John JMAGEE, v. Rev. Walter IRVINE.
Presiding magistrates - Colonel THORNTON, Captain CLIFFORD, _________ M'CULLAGH, Esq., R.M.
The Rev. Dr. MARTIN was present, but not in his magisterial capacity.
The complainants summoned the defendant for a misdemeanour on the following grounds. The Rev. Mr. SWEENY is a Presbyterian clergyman, and the other complainant, Mr. MAGEE, is a member of his flock. A female relative of the latter, (we believe his mother) died on Saturday last, and her remains were to be interred on Monday, the 30th of April, in the family burying ground in Kildallen church-yard. The friends of deceased served a notice on defendant, the Rev. Walter IRVINE, who is Protestant curate of the parish, that they wished the corpse to be buried according to the ceremonies of the Presbyterian church, of which deceased was a member, and that the Rev. Mr. Sweeny would officiate upon the occasion. To this notice the defendant returned no answer. On Monday the funeral proceeded to Kildallen grave-yard, accompanied by a large concourse of people, friends and relatives of deceased. It was met at the entrance, by the Rev. Mr. Irvine, dressed in full canonicals, accompanied by some of his friends, who signified he would read the Episcopalian burial service, and not permit the Presbyterian clergyman to officiate. The two sons of deceased remonstrated with the Rev. Mr. Irvine against his determination, but he would not give way. The procession then advanced inside the gate, when the Rev. Mr. Irvine commenced reading the Episcopalian form provided for the occasion.
The Presbyterians immediately closed in, in a compact mass, round the corpse, keeping the Rev. Mr. Irvine and his party outside. On reaching the grave the body was laid down on the brink, when both clergymen persisted in going through the burial services of their respective churches. A kind of scuffle ensued, in which the coffin, it appears, was huddled about very unceremoniously, and the breast-plate broken. The corpse was then lowered into the resting-place, prepared for it, amid a great deal of noise and clamour, though it seems no blows were actually exchanged. The complainants therefore summoned the defendant for obstructing the peaceful interment of the body, due notice having been served upon him, according to the statute in that case made and provided.
(As a clue to this strange proceeding we may state, that at the interment of a member of deceased's family; some twelve months ago, the Rev. Mr. Irvine seeing the Rev. Mr. Sweeny at the grave, and believing he had officiated without giving due notice, proclaimed the proceedings there and then to be irregular. The Presbyterians called upon him since for an explanation, which he declined giving, hence the desire "to see the matter out.")
Thomas COCHRANE, Esq., solicitor, appeared for complainants; the Rev. Dr. MARTIN, by permission of the court, acted as prompter to the defendant.
Mr. Cochrane, in opening the case, cited the 5th Geo., iv., chap. 25, and said by that act, brought in by Lord Plunket, a dissenting clergyman could claim the privilege of officiating at the interment of a parishioner, in the public burial ground, by giving timely notice to the minister of the parish. The learned gentleman proceeded to detail the circumstances which gave rise to the present proceedings when he was interrupted by ____.
Mr. M'CULLAGH, R.M., who seeing a reporter from the public press in the room, intimated to him the wish of the bench that he would not take down or publish the statements made by either party, but the evidence simply as it might come before the court.
Mr. Wallace (from the Anglo-Celt) objected to the imposition of this unusual restraint on the press.
Mr. M'Cullagh said his brother magistrates and himself thought it the wiser way, to allay irritation and unpleasant feelings, not to let statements which, perhaps, could not be supported by evidence go before the public.
Mr. Wallace could not agree with their worships in that opinion. The court was open to the public and crossed by anxious spectators, every one of whom would circulate an incorrect version of the affair; it would be therefore for the interest of all parities to have a fair report of the proceedings inserted in a public journal, to which they could refer as an authority.
Mr. M'Cullagh could not see anything in the reporter's observations to induce him to change his opinion.
Mr. Wallace further remarked that, in the first place, a reporter had an undeniable right to take notes of counsels' statements; and it afterwards rested with him to publish or suppress those statements as he might think prudent. In case anything unjustifiable appeared the journal was open to an action.
Mr. M'Cullagh declined discussing the question; but reiterated the wish of the court for nothing save direct evidence to appear in print.
Mr. Wallace would bow to the decision of the court, as he had no alternative; but in doing so he took the opportunity of protesting against the unwise and unwarrantable interference of the bench with the press.
Mr. Cochrane then resumed his address, and after recapitulating all the circumstances which had occurred, contended that the Rev. Mr. Irvine acted illegally, in not permitting the Rev. Mr. Sweeny to officiate quietly, or otherwise returning a written refusal, with his reasons, immediately after the notice of the funeral had been served upon him. The statute required that he should give his refusal in writing, a copy of which he was also bound to send to the bishop of the diocese. The Rev. Mr. Irvine complied with neither of these requirements, therefore, he subjected himself, he (Mr. Cochrane) contended, to the censure and punishment of the court.
The Rev. Mr. Irvine said Mr. Cochrane did not appear to understand plain English, for he was perverting the words of the act of parliament which he had quoted.
Mr. Cochrane fancied he knew as much of the English or any other language as did the reverend opponent, and was as incapable of perverting anything as he (the Rev. Mr. Irvine) was.
The Rev. Mr. Irvine said he did not wish to offend any gentleman, but when he saw Mr. Cochrane misquote, the most charitable view he could take of it was that he did it through ignorance. The rev. gentleman then objected to Mr. Cochrane's being allowed to plead in the case at all, as he was not in the habit of attending petty sessions.
Mr. Cochrane replied to the objection, and admitted the rev. gentleman had more to do with petty sessions in his time that he (Mr. Cochrane) had.
The Rev. Mr. Sweeny was called upon to swear to the service of notice on the Rev. Mr. Irvine. Mr. Sweeny objected to take an oath in the usual form, but claimed the privilege of having this affirmation received. A sharp contest arose on this point; the Rev. Mr. Irvine objecting to the affirmation on the ground that the Rev. Mr. Sweeny did not belong to that section of the church for which the law had provided this easement. After a considerable discussion on the standing of the Episcopalian and Presbyterian churches, and the terms "separatist" and "dissenter," the objection was overruled and the affirmation admitted.
On a copy of the notice being produced, it was found to be informal; the bench consequently dismissed the case, regretting the anger and excitement which had been produced, and advising the belligerents to settle the case quietly out of doors.
The Rev. Mr. Irvine had a cross-summons against the Rev. Mr. Sweeny and others which was also dismissed for informality.
The Rev. Mr. Sweeny said the funeral of another of his parishioners would take place to-morrow (Friday), and he wished to know what steps he would take to vindicate his right to celebrate the funeral service.
Mr. .M'Cullagh intimated he should serve a proper notice on the Rev. Mr. Irvine.
The Rev. Mr. Irvine said after receiving the notice he had the option of refusing.
Mr. Cochrane said not without giving good reason.
The Rev. Mr. Irvine took that opportunity of stating that he would refuse; for if he allowed that innovation to-morrow, or next day he might be called upon to admit the Romish priests.
A gentleman present observed the Rev. Mr. Irvine was injudicious in gratuitously insulting a third party with whom he had had no quarrel at all.
The Court pronounced the proceedings since the dismissal of the summons to be irregular, and hoped if gentlemen remained they would conduct themselves properly.
The Rev. Mr. Sweeny said he would serve the Rev. Mr. Irvine with a proper notice, and then proceed to the burying-ground and insist upon his rights.
After a great deal of angry recrimination, in which the words, "you are stating an untruth, sir," and similar expressions were freely bandied from one to the other of the rev. gentlemen, the court desired them to desist, and at one time told the Rev. Mr. Irvine that if he would not be quiet they would order him to be arrested. The Rev. Dr. Martin did his best to appease the excitement, but with very little effect.
Mr. Cochrane apprehended there was another act in existence besides that he had quoted, but which he was not able to lay his finger upon just then, which empowered a Presbyterian clergyman to celebrate the burial service of his church over any of his parishioners, in any public graveyard, by merely proving his being in orders.
Mr. M'Cullagh was much of the same opinion, and believed a Presbyterian clergyman had a right by common and by statute law to celebrate services in any burial ground in the kingdom upon merely proving he was actually a clergyman.
The Rev. Mr. Irvine thought the Presbyterians had no burial-service.
The Rev. Mr. Sweeny contradicted him flatly.
After a few similar encounters, Mr. M'Cullagh said if any person made affidavit before him that a breach of the peace was apprehended at the funeral on the following day, he would be present with a sufficient force and preserve order at any cost and at any hazard.
Both parties then left the court; but the Rev. Mr. Irvine in attempting to address the mob outside met with some opposition.
Our reporter inquired before leaving town, if infortations (sic) had been sworn before the magistrates of an apprehended breach of the peace, but found such had not been done; both parties appearing determined to see it out in the stirring (if not good) old national fashion.
May 11, 1849
May 7, in Upper Sackville-street, the lady of James MALLEY, Esq., of a son, still born.
May 7, in Lower Mount-street, the lady of Wm. Fry, Esq. of a daughter.
May 7, at the British Embassy, Paris, and afterwards at the Church of St. Philip du Renle, Lieut.Colonel Juttin SHELL, her Britannie Majesty's Envoy Extraordinary and Minister Plenipotentiary to the Shah of Persia, to Maryanne LEONORA, only daughter of the late Right Hon. Stephen WOULFE (sp?), Lord Chief Baron of the Exchequer in Ireland.
May 5, at St. Michael's Church, Limerick, Wm. LATCHFORD, Esq., of that city, to Margaret, daughter of Thomas DONNELLY, Esq. of Richmond-place, Dublin.
May 8, in Peter's Church, the Rev. William THOMPSON, of Carrickmacross to Hannah, second daughter of the Rev. Wm. PINCHING, late Rector of Carrickmacross.
On the 28th ult., at Belturbet, Mrs. Jane McMILLAN (sp?), in the prime of life, deeply and deservedly regretted by sorrowing friends and all who knew her.
March 20, of cholera, at the ____________, William R., fourth son of James MURPHY, Esq., of __________-street, Dublin.
JOHN'S CASSELL'S COFFEES.
[The ad follows; then the following agents.]
Antrim. Eleanor M'DONNELL.
Aghalee. John EMERSON.
Athy. John M'ELWAINE, Tea dealer
Athlone. Thos. BURGESS, Grocer; Jno. ROBINS, Grocer.
Aughnacloy. . . D. CAMPBELL and co. , Post-office; and T. BEGGS, Grocer.
Armagh. John THOMPSON, 63, English-street.
Arklow. Thomas ANNESLEY.
Ballinasloe. Edward M'DONALD, Grocer; and A. Elliot.
Ballymoney. John WARWICK, Grocer.
Bangor (co. Mayo) William CROSBY, Sandyd-row.
______ (co. Down). Robert R. SAVAGE.
Ballieborough. James SMALL
Blacklion. William C. BRACKEN.
Belfast. A. MONTGOMERY, jun. , 27, Donegal-street, William MARSH and co. , 100, High-street, Mrs. SPOTTEN, 23, Rosemary-street, and C. and P. M'GLADE, 34, Edward Street.
Brookborough. William ARMSTRONG, Grocer.
Ballina. G. GALLAGHER, King-street.
Bandon. H. BULLON, Grocer
Ballitore. E. and S. DICKENSON.
Buttevant. Jeremiah O'CONNOR, Grocer.
Ballibay. G. DRURY and co.
Belturbet. Thomas S. GILLON, Grocer.
Ballinamore. Catherine MURPHY.
Ballyshannon. Thomas GRAHAM and Co.
Banbridge. John LOVE.
Bellaghy. Robert MILLER, Grocer.
Ballycastle. John THOMPSON.
Barrisokane. Henry BURGESS.
Bannagher. William JOHNSTONE, Grocer.
Bray. William M'GUINTY, Grocer.
Ballinahinch. Hugh HANNA
Bundoran. Hezbvell HAMILTON.
Ballymahon. Owen MAXWELL.
Borrisoleigh. Richard CHADWICK, Merchant.
Bruff. Pat C. SHAUGHNESSY, Grocer
Cahir. S. JELLICO and Co. , Wellington-street.
Carlow. Thomas EDWARDS, 9 Dublin-street.
Cashell. Miss STURDY, Grocer, &c.
Castlederg. Andrew JOHNTON.
Clara. Patrick EGAN, Grocer.
Crumlin. James JOHNSTON.
Clonakilty. John SPILLER, Grocer, Stamp-office.
Carlingford. John HUMPHREYS, Crown and Anchor Hotel, Castle-street.
Cove. SWANTON and Co. , Drapers.
Castleblaney. James BIRCH, Market-street.
Coleraine. John M'CURDY.
Crossmaglen. William CORR, Post-office.
Carrickfergus. CUNNINGHAM and Co. , High-street.
Cookstown. John GLASGOW, Merchant.
Cavan. Edward KENNEDY, Main-street.
Cootehill. Michael M'CUDDEN, Grocer.
Caledon. John WILSON, Post-office.
Clonmel. Sarah JACOBS and sisters, Bagwell-street.
Carrickmacross. Patrick WARD, Grocer.
Cappawhite. Mary Crulise, Postmistraess.
Castlebar. Mrs. YOUNG, Stationer, &c.
Cork. John TODHUNTER, 16, Patrick-street.
Clones. William BRADY.
Dublin. T. P. GOODBODY and Co. , 32, Westmoreland-street, Wholesale Agents; John MARTIN, 24, South Great George's-st. , Isaac SHANNON, 108, Thomas-street, BRYCE and JACKSON, 12, North Earl-street, Thomas DANIEL, Grocer, Rathmines, John CAHOON, 11, Leinster-street, and William REIGH, Ballyboughbridge.
Dundalk. D. H. SMITH, 84, Clanbrassel-street.
Drogheda. M. M'ARDIL, 83, West-street, and MARTIN and Co. , 118, West-street.
Drumana. Thomas M'DERMOTT.
Drunconrath. James A. STOKES.
Donaghmore. . David BROWN and Co.
Donaghmore. Davaid BROWN and Co.
Donacloney. David MACARTNEY.
Donegal. James BRIGHAM.
Dromore. William M'CAW.
Downpatarick. Hugh THOMPSON, Grocer.
Enniskillen. William HALL.
Ennis. James SKEHAN, Church-street.
Elphin. Robert LYNCH and Son.
Enniscorthy. James DEVEREUX.
Ferbane. J. FURLONG.
Fintona. James SHERRARD, Grocer.
Glenarm. Samuel DICK.
Glenavey. Mrs. JOHNSTON.
Glanmire. Thomas NASH.
Gilford. JOHNSTON and Co. , Grocers.
Galway. Michael CARR, Eyre-square.
Hillsbro. James MOORE.
Kilkeel. John BURNS, Grocer, &c.
Kilkenny. Thomas QUIRK, Rose Inn-street.
Kingstown. . James BEWLEY.
Killaloe. A. THOMPSON, Post-office.
Kilbeggan. John EGAN.
Kinsale. S. C. FUSSELL, 64, Main-street.
Kilkee. Joseph BRENNAN.
Kilrush. Joseph BRENNAN.
Kells. J. T. HENDERSON, Meath Herald Office.
Kingscourt. Mrs. Ann ANDERSON.
Liskinfere. Edward WARREN.
Longford. John LYNCH.
Londonderry. Jas. OSBORNE and Co. , Ship quay-st.
Letterkenny. William ELLIOT.
Larne. ALEXANDER and MACMASTER.
Lowtherstown. Wilkin IRVINE, Grocer.
Loughries. Patrick M'CARTHY, Grocer, &c.
Lurgan. Anne BEATY, Grocer.
Lisburn. Samuel and William YOUNG.
Limerick. J. F. ALEXANDER, 26, Patrick-street, Provision and Grocery Establishment.
Magherallin. A. HUMPHREYS, Grocer.
Markethill. M. POLLARD.
Monaghan. John LEWERS, General Merchant; and MURPHY and Co. , Church-square.
Mountmellick. Mr. CAMPBELL, Draper, &c.
Mullingar. Patrick NESBITT, Edward GOFF.
Miltown. Patrick KELLY, Rochford-bridge.
Mountrath. William WHELAN, Grover, &c.
Manorhamilton. William C. TAYLOR.
Magherafelt. R. LAWRENCE, Grocer.
Mallow. Miss RYAN, Tea Dealer.
Moate. Richard and Alfred RUSSELL, Grocers.
Newtownmountkennedy. James NEWEL, Grocer and Hotel Keeper.
Menagh. Edward DAVIS.
Newcastle. Maurice QUAID.
Newmarket-on-Fergus. Mathias FINNUCAN.
Newross. James CULLEN.
Newry. ARBUTHNOT and Co. , Hill-street.
Newtownards. J. BENNET, 21, Begent-street.
Poyntspass. James BROWN, Tea Dealer.
Portaferry. P. M'KINLAY.
Portrush. Samuel PATTON.
Portstewart. J. PARKER, Postmaster.
Parsontown. Henry DAVIS.
Portsdown. John KERNAHAN, Grocer.
Pettigo. Hezbell HAMILTON.
Randallstown. John STEPHENSON, Grocer.
Rapho. Catherine KILPATRICK, Grocer.
Rostrevor. James BOYLE, Tea Dealer.
Rathkell. John CONWAY.
Roscrea. Fanny and Jane SMITH, Valley.
Roscommon. Bridget MURRENAN (or MUFFENAN), Grocer.
Strabane. John ANDERSON, Main-street.
St. Johnstown. Thomas SMILY.
Sligo. Mary WILSON, Radcliffle-street.
Skerries. Miss E. HANLEY, Grocer, &c.
Stradbally. . . John SWEETMAN, Tea Dealer.
Stradone. Owen FARRELLY, grocer.
Shinrone. Launcelot KIRVAN.
Tullamore. T. P. and R. GOODBODY, Charlesville-sq.
Trillick. Robert GAUL, Draper, &c.
Templemore. J. S. WHITAKER.
Thurles. Thomas HENESY and Co.
Tipperary. Richard MOLLOY, Post-office.
Tralee. E. BRADLEY.
Trim. Terence SHERIDAN, Bridge-street.
Tuam. E. L. STANDFORD, Post-office.
Tyrrellspass. Thomas M'KEY, General Warehouse.
Virginia. Maryanne SHEGOG, Post-office.
Waterford. Joshua BARTON, George-street.
Warrenpoint. John E. MARSHALL, New-street.
Wexford. Charles S. REEVES.
Wickow. Patience STEPHENS, Confectioner.
Westport. Mrs. Jane HANNAH, Ship Chandler.
Youghal. E. and A. MERRICK, 74, North Main-street.
May 18, 1849
May 7 at Donegal, the lady of Hugh Alexander BRADSHAW, Esq., of a son.
On the 13th instant, at Ely place, the lady of the Rev. R. R. Woulfe, of a son and heir.
On the 12 instant, at Dominick-street, the lady of N. HAMILTON, Esq., of a daughter.
On the 8th instant, at Burrin-street, Carlow, the lady of J. VIGORS, Esq., of a son.
May 7, at the Registrar's Office, Enniskillen, by C. GAMBLE, Registrar, Mr. James SUMMERVILLE, to Miss Rose CLEARY, both of Swanlinbar, county Cavan.
On the 15th instant, at his residence in Ballintemple, the Rev. Stuart SMITH, aged 42 years. As a clergyman the deceased was eminently distinguished by a kind, loving and charitable disposition; and as a man and a gentleman, he was respected and admired for his uprightness and consistency in all the relations of life. The idol of his flock and the father of the poor, he is much and deservedly regretted by all classes. His remains were consigned to the tomb in Ballintemple church-yard on yesterday (Thursday,) amid the sorrowful lamentings of a large concourse of friends and neighbours, who attended the funeral.
On Tuesday, the 16th, of decline, at Cavan, Mr. Thomas REILLY, aged 35 years. The funeral, which took place on Thursday, was largely and respectably attended.
May 13, at Castlershan, Anne M'MANUS, widow of the late Bernard M'Manus, sincerely regretted by her numerous friends.
May 25, 1849
ELECTION OF HIGH CONSTABLES.
A special sessions of the peace was held in the county courthouse on Wednesday, the 23rd of May, 1849, for the purpose of appointing two collectors of county cess for the baronies of TulLygarvey and Tullyhunco, vacant since last assizes, at which the following Magistrates were present:- The Right Hon. Lord FARNHAM, K.P., Colonel CLEMENTS, High Sheriff, Theophilus L. CLEMENTS, Robert ERSKINE, and Theophilus THOMPSON, Esqs. Mr. John ARMSTRONG of Belturbet attended as solicitor for the grand jury, when, after scrutinizing the security proposed by the respective candidates, Mr. James BERRY was duly appointed collector for the barony of Tullyhunco, and Mr. Robert BOWDEN for Tullygarvey. Both gentlemen immediately entered into the necessary security.
A similar sessions was held in Cavan courthouse on the 11th instant, for a like purpose, and which we reported in our last. It seemed to the Justices then presiding that they had not the power to make such appointments. Our very efficient secretary of the grand jury, E. J. MAYNE, Esq., on receiving a report of the proceedings from the clerk of the peace, without delay, forwarded a case for the law advisers of the crown, and in reply, was informed that the Justices had power to make such appointments, and also communicated with Mr. MOORE, the county treasurer, requesting him to forward a requisition to the clerk of the peace, to convene another sessions in pursuance of the act 11 and 12 Virt. Chap 26. The clerk of the peace had the sessions called for Wednesday, the 23rd instant.
SUMMER PRESENTMENT SESSIONS FOR
THE BARONY OF TULLYGARVEY
(From our Cootehill Correspondent.)
COOTEHILL, May 19 - These sessions were held here this day. T. C. L. CLEMENTS, Esq., JU.P., assisted by Michael PHILLIPS, Esq., were in attendance. The associated ratepayers who attended in time to subscribe the usual declaration, were Messrs. P. DORAN, William ARMSTRONG, Owen FOY, and John EAKENS. Colonel Clements, the High Sheriff, also occupied a seat on the bench, but took no part in the proceedings. There were a number of applications for presentments for payments of contract roads disallowed, at the instance of those very efficient officers, Alexander ARMSTRONG, Esq., C.E., county surveyor, and Mr. P. KINNEALY, his assistant, who stated that the roads of these contractors were not in sufficient repair. And the contracts of a man of the name of Peter TOHER, who held contracts for several roads in the names of three different persons, were all disallowed. Mr. Kinnealy stated that some of the broken stones on his roads were five inches long!
There were a few presentments for new works for (comparatively speaking) small amounts passed, at the instance, or rather on the recommendations of Mr. Armstrong, who represented them as very necessary works.
There were only two cases of malicious injuries brought under the cognizance of the court. They were of a very petty nature. The first was an application of a man named Roger M. MAHON, of Clara, for the sum of 3l. for the malicious destruction of a plough on the 10th of February last, in the townland of Clara, in the parish of Kill. £3, inclusive of costs, were allowed. The second case was that of Catherine HANIGAN, also of the parish of Kill, widow, who claimed 3l. for the malicious destruction of three goats in that parish, on the 21st April last - £2 were allowed. The magistrates intimated to the applicants that it was very doubtful whether the Grand Jury would affirm the decision of that bench at the ensuing assizes.
After presenting for a few healthy and well-cared-for deserted (?) children, the court adjourned until the 9th of June.
The Presentment Sessions for the barony of Upper Loughtee and County at Large, was held this day at Cavan Court House.
Justices present:- George M. KNIPE, Theophilus THOMPSON, Abraham BRUHS, Wm. SMITH, Esqrs.
Only one cess payer, viz., Mr. William MOORE. No case of importance appeared. The County Surveyor objected to the application for several roads, on the grounds of not being kept in repair.
Mr. Andrew M'KENNA applied for compensation for a quantity of hay and straw, his property, maliciously burned. Mr. MAGAURAN appeared on the part of the applicant, and examined several witnesses. Several ratepayers opposed the application, on the grounds that the amount claimed far exceeded the value of the property destroyed. £20 was granted to be levied off the parish. Adjourned to 15th June next.
THE MAGISTRACY: - The Lord Chancellor, on the recommendation of the Earl of FINGAL, has appointed Francis OSBORNE, Esq., of Smithstown House, Julianstown, to the commission of the peace for the county Meath.
BELTURBET PRESENTMENT SESSIONS.
Thursday, 24th May, 1849.
Magistrates present:- The Hon. H. C. BUTLER, George M. KNIPE, Michael PHILLIPS, John GUMLEY, ______ JOHNSTON, Esqrs.
After the usual contract business had been disposed of, the applications for malicious injuries were proceeded with - none of which were of any peculiar interest, except that of the Rev. G. B. MOFFATT, who applied for compensation for the injury he had sustained by the malicious burning of a turf-house, his property, at Drumlane glebe in April last.
Mr. John ARMSTRONG, who appeared in support of the application, shortly stated the case and dwelt with considerable force upon the diabolical outrage which had been perpetrated on his client - first by the sending of threatening notices, and finally by the destruction of the rev. gentleman's property - and if he (Mr. Armstrong) had been correctly instructed, of which he did not entertain a doubt, he would satisfy the bench beyond a possibility of question, that the act complained of was a malicious burning, and if he established this fact by evidence, he was satisfied the court would grant the full amount of compensation sought; no doubt it would be stated by his friend on the other side, that the fire was purely accidental; but he (Mr. A.) begged to assure the court that nothing could induce his Rev. client to file upon the records of the court such an application as they were now called upon to investigate, if he entertained a doubt upon the subject.
Alexander JONES and Farrell M'TEAGUE, two servants, in the employment of Mr. Moffatt, and John M'CABE, valuator, were called and examined by Mr. Armstrong. The (sic) were also subjected to a severe cross-examination by Mr. KNIPE (who appeared on behalf of the cesspayers), but were unshaken in their direct examination.
Three witnesses were then examined by Mr. Knipe, after which Mr. Armstrong shortly replied, observing that the witnesses on behalf of the application were not, as stated by his friend, Mr. Knipe, men of suspicious character, but stood high in the estimation of their employer; and the very fact of their having lived with Mr. Moffatt for upwards of twenty years - was quite a sufficient contradiction to any base charges which Mr. Knipe had been instructed to impute to them.
After a short consultation, the court were of opinion that the application had been supported, and the chairman accordingly endorsed the opinion thereon.
Robert ERSKINE, Esq., and another,
Thomas BERRY, Esq., Susanna, his wife, Goerge John WILSON, Robert LANAUZE, John MAGRATH, Thomas M'CABE, William SHERIDAN, Charles HOUGHTON, and William HAIGUE, junior,
PURSUANT to the Decree bearing date the 19th day of April, 1849, made in this cause, I hereby require all persons having charges or incumbrances affecting ALL THAT AND THOSE, the Towns and Lands of ROCKVILLE, CORRYMACHEN, otherwise CORRYMAHON, and LOUGHNAFIN, situate in the Parish of Killeshandra, Barony of Tullyhunco, and County of Cavan; and also all That annuity, yearly rent-charge, or sum of £50 sterling, of the late currency of Ireland equivalent to £46 3s. 1d. of the present currency, charged upon and arising out of the Towns and Lands of AUGHAVORABEG, AUGHAVORE, and CROCKABEA, situate in the Barony of Carrigallen and County of Leitrim, being the mortgaged lands and premises in the bill in this cause mentioned, and all other lands of which the said THOMAS BERRY of Rockville, in the County of Cavan, Esquire, was seized, possessed of, or entitled to, or over which he head a disposing power, for his own benefit, at the time of the execution of said mortgage to the plaintiffs in this cause, or at any other time since, to come in before me at my chambers on the Inn's-quay, Dublin, on or before the 1st day of JULY next, and proceed to prove the same, otherwise they will be precluded from the benefit of said Decree.
Dated the 22nd day of May, 1849.
Further information may be obtained by application to Robert STORY, Solicitor for the Plaintiffs, 47, Mountjoy-street, Rutland-square, Dublin.
TO BE SOLD
IN THE TOWN OF BELTURBET,
THE INTEREST IN AN OLD-ESTABLISHED
GROCERY, WINE, AND BAKING
Now in full Business, with an Extensive Connexion (sp?)
THE Proprietress being about to retire from business, will also dispose of her Stock in Trade at a Fair Valuation. To any one anxious to embark in the above Business, such an opportunity rarely occurs. Belturbet is one of the most rising Market Towns in the North of Ireland, having direct communication with Belfast, Newry, and other important Towns; it is a Military Station for Horse and Foot; there are also a very extensive Distillery and Mills, which bring a Market daily, besides a well-attended Monthly Fair.
To those who know Belturbet, it is needless to dwell on the advantages of this extensive concern; and those who do not, an inspection will at once convey the superiority of the Situation for Business.
MRS. FINLAY, Kilconey, Belturbet.
Belturbet, May 10, 1849
County Cavan Newspaper Transcription Project
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