Published in Cavan, county Cavan
July 7, 1853
In Kilmore Church, on the 29th ult., by the very Rev. Lord Dean FITZGERALD, Mr. Michael SHEPHARD, Manager, Cavan Gas Works, to Miss Anna HAMILTON, second daughter of Robt. HAMILTON, Esq., of Conagonnell.
July 14, 1853
On the 12th July, at Crossakeel Church, county Meath, by the Rev. Adam HUDSON, uncle to the bridegroom, assisted by the Rev. Richard BOOTH, Rector of Kilshler, Edward HUDSON, Esq., eldest son of the late Edward HUDSON, Esq., of Loughbrickland, county Down, and Gardiner's-place, Dublin, to Emily Eleanor, youngest daughter of the late Rev. William GRATTAN, of Syloan Park, county Meath, and Swanlinbar, county Cavan.
CAVAN SUMMER ASSIZES.
At twelve o'clock on Friday, the 8th instant, James STORY, Esq., High Sheriff of the county, entered the Court House, and immediately after took his seat on the bench.
Edward Ellis MAYNE, Esq., Secretary to the grand jury, in the absence of Samuel SWANZY, Esq., Clerk of the Crown, swore the following gentlemen on the grand jury : --
William HUMPHREYS, Esq., D.L., J.P., Foreman, Balllyhaise House,
Colonel CLEMENTS, Ashfield Lodge.
James HAMILTON, Esq., J,P., Shinan House,
John E. VERNON, Esq., Ford Lodge,
Robert J. CUMMING, Edw., Crover,
Joseph DICKSON, Esq.., J.P., Bailieborough,
Captain PHILLIPS, J.P., Glenview,
Abraham BRUSH, Esq., J.P., Drumbar Lodge,
Henry SARGENT, Esq., J.P., Kighter(Bighter?),
William TATLOW, Esq., Lismore,
Wm. A. MOORE, Esq., Arnmore Lodge.
Colonel St. John A. CLERKE, Longfield,
John JOHNSTON, Esq., J.P., Ballyconnell.
Edward M'INTOSH, Esq., J.P., Cootehill,
John GUMLEY, Esq., J.P., Belturbet,
Captain ERSKINE, J.P., Cavan.
The grand jury then proceeded to pass the county officers' salaries, after which Frederick GAHAN, Esq., County Surveyor, applied to the foreman for another assistant, and in so doing he said, I would be sorry to put the county to expense, but really it was quite impossible to perform the duties that has to be done in the county with the assistants I have, as one of them was for three weeks superintending a bridge between Ballyconnell and Bawnboy, and during that time the whole of the business of the county devolved on my other assistant and myself.
Foreman -- How many assistants have you, Mr. GAHAN?
But two. Mr. MAYNE -- There were three until within the last two years, when the grand jury reduced them.
Mr. MASTERSON - I object to the application, on the part of the ratepayers, to any increase of county officers, I think there are quite enough of burden on us without increasing it, although at the same time we have the highest faith in Mr. GAHAN, and know well that he has saved us wonderfully, since his appointment.
Mr. VERNON also thought there was no necessity for an increase of another officer.
Mr. HOPEWELL -- If a man expends 12£. a year out of his salary for cars the remainder is very small to pay his other expenses.
Mr. MASTERSON -- If you wish to indulge yourself with cars you may ; I can tell you there are numbers of the rate payers would be glad to have your situation.
Mr. JOHNSTON -- I know the bridge between Ballyconnell and Bawnboy would not be so well done were it not for Mr. Hopewell's superintendence.
Foreman -- It is better to let the matter go before the committee on Monday next, and let the matter get due consideration.
This being agreed to, the Grand Jury proceeded to pass presentments which occupied the remaining part of the day.
The Secretary read a number of memorials addressed to the chairman from several road contractors praying the Grand Jury would either allow them the last half year's presentment or break the contract, as the price they had for the road was quite too low, and that they could not fulfil(sic) the contract.
Mr. GAHAN said that several of the roads was kept in a wretched state during the winter, and that it was only approaching the assizes they done anything at all to them, and if the Grand Jury would not make an example of the defaulters the roads would always be in the same state, as they put in such low tenders that it was quite impossible for them to complete the work for the sum they contracted for, and prevented other parties getting the contract that would complete the work.
Mr. VERNON -- I quite agree with Mr. Gahan, and I advise the Grand Jury to hold every one of them to their contract.
The Grand Jury all agreed to do so, and if the work was not done to the satisfaction of the County Surveyor that they would sue their sureties.
The Secretary also produced a number of sessions decrees taken out against defaulting road contractors, and informed the Grand Jury that the Barrister directed them to be held over until they would go before the grand jury.
Foreman -- The Barrister had no right to give any such orders, they should have been executed at once, there is no use in taking out decrees unless they are put into execution.
Mr. Gahan said since the decrees were taken out some of the parties that they were taken out against had improved their roads very much.
Some of the contractors were allowed up to October to have the work completed before the decrees would be put into execution.
On Saturday evening the grand jury proceeded to hear applications for malicious injuries: the first case called on was Philip BRADY, of Lismeen, who claimed 3£. compensation for the burning of a quantity of turf on the night of the 7th of July, (...) on the lands of Lismeen, in the parish of Lurgan.
After BRADY was sworn, Mr. TATLOW asked him why he thought it was maliciously burned.
BRADY said he took a farm a short time before the burning, and he believed it was grudged to him ; he also said he had the rick of turf for the purpose of burning a lime-kiln.
Mr. VERNON asked BRADY how many load of turf (transcriber's note: some missing here).... what there was of worth.
Mr. VERNON -- Was it from the ashes of the turf you saw the next morning you valued it?
Witness -- No, your honour, I saw the rick often before.
Mr. TATLOW asked BRADY if he was on good terms with the person he suspected to have burned the rick at the time?
BRADY said he was until he took the farm, and after that they were at variance.
Mr. SARGENT said he thought there was sufficient proof that the turf was burned maliciously, and that they might not proceed further.
Mr. TATLOW then moved that BRADY get the 3£. compensation, which was agreed to by the grand jury.
Like REILLY, of Carlatt, in the parish of Mullagh, sought compensation for the malicious burning of a house, his property, on the night of the first of May, 1853.
REILLY was sworn, and stated that he believed the reason for burning the house was that he got married to a girl that another person was after and going to get married to ; he was told a short time after that he would pay for so doing ; so when he heard of it he went to Mr. MORTIMER, who told him to summon the person that said it, and he would settle the fellow when he would come before him.
The parish priest settled it between them, and shortly after the house was burned.
Mr. TATLOW -- Was there any person living in the house?
Witness -- There was not.
Mr. TATLOW -- Did you ever intend to put any person to live in the house?
REILLY -- I did, your honour.
Mr. VERNON -- When you got the house into your possession were you not told you should throw it down?
REILLY -- I never was told it should come down at all to my recollection.
Mr. VERNON -- Did Mr. ROGERS ever tell you it should come down? REILLY still continued to say he never heard anything on the subject.
Mr. SARGENT -- Was there any fire in the house about eight days before it was burned?
REILLY said he thought he heard there was, but could not swear to it.
Mr. SARGENT -- There was no door on the house at the time, I believe, and was not part of the roof fallen in?
REILLY -- There was only a small bit of the roof over the door stript(sic) ; there was no door on the house at the time.
Mr. HAMILTON -- Did you ever get a threatening notice?
REILLY said he never got a notice, but he was told he should leave the place.
Mr. SARGENT --- Was it your rival that beat you coming from Baillieborough
REILLY -- It was. A
fter some other questions having being(sic) put to Reilly, and there being no opposition from the rate-payers, the grand jury granted 3£. compensation.
Bernard REILLY, of Cavan, applied for 17£. 12s. 1111d. compensation for a malicious injury of cutting and damaging several pieces of linen, tweed, cashmeres, Orleans, gray Holland, gray calicoes, and ticken, at Cavan, on the night of the 20th of March, 1853.
Mr. John ARMSTRONG appeared on the part of REILLY, and represented the case in a very clear manner.
The Grand Jury said they could not entertain the application as the usual necessary notice was not served, but at the same time recommended MR. ARMSTRONG to represent the case to the judge.
Mr. ARMSTRONG said he would do so, but he regretted much that the grand jury could do nothing for him.
Ellen CARRAHER, of Drumowna, parish of Drung, applied for the sum of 11£. 10s. 6d. compensation for a malicious burning of her office, 220 stocks of straw, and 42 head of fowl, her property, which took place on the 15th of February last.
Mr. John ARMSTRONG appeared on the part of the widow, and Mr. Edward M'GAURAN on the part of the cess-payers.
Mr. ARMSTRONG called upon Kit CARRAHER, son to the widow, who gave his testimony as follows: --
I am son to Ellen CARRAHER of Drumowna ; I remember the night of the burning. It was about three o'clock in the morning ; when I took notice of it I started up, and put my head out of the window, and saw the cow-house on fire ; I was much alarmed, I ran and called all in the house ; the servant boy was the first that ran out ; my sisters and mother came down ; the boy ran and took out three cows out of the cow-house ; he said he would venture his life for the cows ; it was in a flame at the time ; there was no fire in the house the night before ; we ran and got all the help we could ; there were eleven hundred of straw in the house and forty-two head of fowl ; the barn was also burned ; there were some potatoes in the barn ; all the people done their best ; the barn was thatched last year ; you could reach the eve of the barn outside ; my mother got a farm from Mr. BURROWES ; we heard of a threatening letter ; it was the sergeant of police at Tullyvin that had it ; I did not see it, but --
Mr. M'GAURAN -- I object to this evidence.
Mr. ARMSTRONG - The evidence is very good ; he is only going to tell you about the threatening letter.
Mr. VERNON (to the witness) -- Did you see the threatening letter yourself?
Witness -- I saw it with the sergeant ; he read it for us ; Bernard M'CABE saw it also.
Mr. M'GAURAN -- Never mind what Bernard M'CABE saw ; where is the sergeant now?
Witness -- He is gone away out of Tullyvin.
Mr. M'GAURAN -- Do you say there were plants pulled up also?
Witness -- I do.
Mr. M'GAURAN -- Did you ever say you caught a man stealing the plants?
Witness -- I did, but it was not there.
Examination continued -- Mr. M'CABE's name was in the notice, and another man named Phil KING.
Mr. SARGENT -- Were the three names in the one notice?
Witness -- They were.
Mr. M'GAURAN cross-examined the witness at some length, but his testimony was same as before. He stated most positively that he never knew a candle to be brought out to the cow-house, and that he never was from home at night.
Mr. M'GAURAN addressed the grand jury, and said he would produce evidence to prove that they were in the habit of bringing candles into the cow-house after night, and that the burning was not a malicious injury, and called upon James CARRAHER for the defence.
James CARRAHER examined by Mr. M'GAURAN -- I remember the night of the burning ; I was there that night ; I was called out of my bed ; I was told to alarm the neighbours ; I saw the barn in a flame when I went down ; the flame was coming out of the centre of the roof of the house.
Mr. TATLOW -- Are you on friendly terms with the widow?
Witness -- The best until this came across them.
Examination continued -- I only came here to tell the truth ; I had no other interest in it ; I remember to see a candle on one occasion going into the cow-house ; it was about a fortnight before the place was burned.
Mr. ARMSTRONG here produced three young women, daughters to Mrs. CARRAHER, to prove that they never knew a candle to go into the cow-house.
The grand jury said it was quite unnecessary for Mr. ARMSTRONG to examine them.
Examination continued -- One of the girls came to my wife after the burning and said she lost 17 head of fowl ; my wife said she thought she could not have so many ; she said she had, and that there was a banton cock and a turkey amongst them.
Cross-examined by Mr. ARMSTRONG -- Is a relative of the widow's ; has as good a word as any other man in court ; never was put off the table in Cootehill for false swearing ; is on good terms enough with the widow ; was not often in her house since the burning.
Mr. VERNON -- Did you ever accuse the widow of looking for your land?
Witness -- Never.
The grand jury believed this to be a malicious injury, and called the first witness upon the table to know the value of the fowl and straw that was burned ; he said the fowl was value for 13d. each, and the straw was value for 2£. 15s.
The Chairman and others of the grand jury said that they considered 10£. would compensate him well, and they would grant that sum.
Mr. ARMSTRONG applied for costs, and stated that the CARRAHERS were put to very great expense, as the opposite party reported that they intended having counsel at the baronial meeting in Cootehill, so that they were compelled to send for him to Belturbet to plead for them ; they had also to pay him for attending here to-day, and that they were put to other (transcriber's note: a bit is missing here)
Samuel SWANZY, Esq., Clerk of the Crown, read the commission, and afterwards re-swore the grand jury, when his lordship addressed them as follows: --
Mr. Foreman and Gentlemen of the Grand Jury -- it is my good fortune to inform you, that, for a long period I had the honour of being a member of this (the Cavan) bar, and afterwards to preside on the bench as judge, and in all my experience never remember so light a calendar as the one before me at present. It only contains five crown cases, and all of a most trivial nature, I will not therefore take the presentments this evening as the business is so extremely light, but will to-morrow morning. I believe some cases will be brought forward which will require the special attention of the court as well as that of the grand jury, so if you find the bills to night, in the morning, after the presentments are passed, I will feel great pleasure in discharging you, so gentlemen you may now retire to your room and bills will be sent up to you.
His lordship entered court this morning at 10 o'clock, when the foreman of the grant jury handed down the bills of indictment. His lordship ordered the prisoners to be put forward, all of whom, save one, pleaded not guilty. They were ordered to stand down for the present. His lordship then proceeded toa flat the presentments, and after they had been disposed of, the court proceeded with the appeals, only six in number, which were of the smallest number upon record in the court, none of which possessed the slightest public interest, and after they had been finished, his lordship proceeded with the
The following jury having been empannelled and sworn, viz.: -- Charles KENNY, Joseph POGUE, Wm. PRATT, Joseph DOBSON, Thomas GILLOLY, Francis M'KEON, James SMITH, Robert RAMSAY, Christopher MORRISON, Peter M'GAURAN, Joseph TREVOR, and James WILSON.
John ROONEY, aged 24 years, was then given in charge to them for the manslaughter of James CURRY, a boy aged about 10 years.
Wm. M'MULLEN examined by Mr. SMYLEY, deposed that on the 1st June (last month) he, the deceased, and several other little boys were amusing themselves by throwing stones at an old tin can, convenient to the house of Thomas ROONEY, the father of the prisoner, with whom he resides in the town of Cootehill, and that he came out of it, and gave the deceased a slap upon the left side of the head with his open hand, when he fell ; he began to cry, and said that if he (the prisoner) was his match he would not have struck him ; prisoner then went into his father's house, and they all went away ' he (deceased) died on the 18th of June ; was not at the inquest but was at his funeral.
Cross-examined by Mr. PEEBLES -- Saw the deceased in about half an hour after the occurrence -- when he got the slap -- sitting on a cart and he was laughing as if he had received no injury.
Wm. START, Esq., surgeon, deposed that the mother of the deceased brought him to his shop on the next day, and he found that his head was swollen near the left ear, and gave her a lotion to allay it ; saw him in eight days after and found that the tumour had supurated ; Dr. SHARP attended him in the intermediate time ; assisted him in making a post mortem examination on the body of deceased ; found that a portion of the supurated matter had fallen in on the brain ; the lobe of the right lung was also partially inflamed, which, he conceived, could not have been more than three of four days standing, and was preinjured or caused by the sympathetic connection of that organ with the seat of the injury on the head, which, in his opinion, caused death.
To the Judge -- Thinks that the disease of the right lung would not have caused immediate death. James SHARP, Esq., M.D. and surgeon, gave similar evidence.
At the instance of Justice Torrens Peter M'GAURAN, Esq., surgeon, was called and examined. He deposed that he had seen and examined the deceased a few days previous to his death and found him labouring under scrofulous inflammation of the lungs, which he conceived to be the material cause of his death. The conclusion derived from a post mortem examination -- that matter could not rest in contact with the members of the brain without that organ speaking in a loud language of delirium -- in a solicism in pathology. Everything about the constitution and tumour bespoke the morbus totius substantie scrofula. Margolin of Venice, professor of medical jurisprudence, recorded analogous cases in the same region. In this post mortem no mention is made of the spinal columns, where the disease is so common in scrofulus patients. The contingencies to which he alluded applies especially to injuries of joints, and not to the present region, where asseous arrangement forbids the idea of such a tumour from such a cause. It had not the character of a special lision.
To Judge TORRENS -- Thinks from the reasons he had assigned that the injury on the ear was not the immediate cause of death, but the affection or disease of the lungs ; was not permitted to be present at the post mortem examination.
Judge TORRENS highly complimented Dr. M'GAURAN for the erudite medical learning and information which he displayed in giving his evidence.
Dr. M'GAURAN, in returning thanks to his lordship for his good opinion of him, stated that he had been loaded with opprobrium by certain parties in Cootehill for his interference in the matter.
Judge TORRENS -- Don't mind that, Dr. M'GAURAN, for I have been frequently maligned myself.
Bessy CORRY, the mother of the deceased, swore that her child was healthy, and never was confined by sickness or ill health before he received the injury of which he died, and that he was murdered.
Drs. SHARP and STUART gave an excellent character to the prisoner, after which his lordship charged the jury, who after a short deliberation, returned a verdict of guilty, accompanied with a strong recommendation to mercy, which his lordship stated he would attend to.
The prisoner was sentenced to be imprisoned for one month from the 20th June, the date of his committal.
Bridget CONLAN, aged 27 years, pleaded guilty to an indictment, which charged her with having concealed the birth of her illegitimate child, and hid its dead body in a wooden chest. To be imprisoned for four months.
James LEDDY, aged 19 years, was found guilty of several burglaries and robberies, and having been found guilty of former convictions of similar offences. To be imprisoned for one year, and to be kept to hard labour.
James HEAVY, aged 17 years, found guilty of pocket picking in the fair of Killeshandra. To be imprisoned for three months and twice whipped.
This finished the criminal business.
RECORD COURT - TUESDAY, JULY 12.
CASE OF WARRANTEE.
Lynch v. Price.
John BROOKE, Q.C., applied to have the case of Lynch v. Price proceeded with, as the defendant for whom he was concerned lived out of this county, to which applicaiton the Chief Baron acceeded, when the following jury were sworn : --
Richard REILLY, foreman, A. BERRY, R. CLARKE, John ELLIOT, David GRIFFITH, John WARREN, A. FARIS, H. GIBSON, Thomas REILLY, W. M. BLACK, R. WALPOLE,
Mr. JOHNSTON stated the case for the defendant, whom Mr. MAJOR, Q.C., described as a peaceable and unlitigious man, ill-disposed for law suits, and that in order to avoid the present suit he had several communications with defendant, who did not avail himself of these opportunities, and, therefore, was alone responsible for the issue of the trial. He stated that the case arose out of a false warrantee by which plaintiff was induced to purchase a mare from defendant for the sum of £19, in the fair of Kilgolah, on the 27th November, and that he got a warrantee from defendent, "that the mare was all sound except a splint on the leg," this was on Saturday, on the Monday following Mr. LYNCH observed an excrescence on the leg of the mare. He (Mr. L.) consulted a farrier for the purpose of ascertaining what was the matter with the mare, who stated that it was a disease called malanders. He kept the mare up to the 14th of December, when he caused a notice to be served on the defendant, on the 16th December, warning him to take back the mare, and refund him the price he paid him for said mare. Defendant took no notice of that (which is the cause of the present case coming before his lordship), the mare was subsequently sold by auction, in the defendant's presence, for the sum of £12, the difference between which and 19£. being what plaintiff seeks to recover.
Rev. E. LYNCH to Mr. R. JOHNSTON -- I am a Catholic curate in the parish of Ballintemple in this county ; recollects the 27th November last ; was in Kilgolah ; saw a mare belonging to Thomas PRICE which was purchased for me ; was present myself ; paid 19£. for the mare ; got an engagement, he engaged the mare all right, except a splint on one foot ; brought the mare home that evening ; brought her about six miles on the second day after I bought her in Kilgolah ; I found scabs on both the houghs ; did not know what it was ; I showed the mare on the moment to Mr. COYLE, who will be examined ; showed her on the 14th of December to Thomas TIERNEY, who is a blacksmith and farrier ; she was under treatment with him ; had notice served on Mr. PRICE ; Mr. TIERNEY advised me to this ; he stated that the mare was unsound ; he (PRICE) did not take back the mare ; sold the mare on the 27th December, at which sale Mr. PRICE attended ; my brother, Patrick LYNCH, bought the mare for 12£.; offered him 3£. to take back the mare ; he (PRICE) refused ; the mare is now in my possession ; I showed her to Mr. TOWERS, a veterinary surgeon, who will be examined.
Mr. J. BROOKE, Q.C., examined witness at considerable length, but did not cut down his direct testimony.
Thomas COYLE to Mr. J. MAJOR, Q.C. -- Was in Kilgolah on the fairday (27th Nov.) ; examined the mare ; was there where she was bought ; observed nothing on the man(sic) till the Monday morning. (Mr. COYLE's testimony was nothing more than a corroboration of Mr. LYNCH's testimony respecting the sale, engagement, and the appearance of the scabs, &c.) Mr. COYLE saw the scabs ; they appeared to be a scabby, wet, and watery concern, situated on the back part of the foot, below the knee or middle part of the fore legs ; he served a notice on Mr. PRICE personally at his (defendant's) own house about the 16th or 17th December.
Mr. BROOKE, Q.C., examined this witness at considerable length, nor could he elicit anything which could prejudice his first statement.
Thomas TIERNAY to Mr. JOHNSTON -- Is a blacksmith and farrier ; lives in Drumkeen ; saw the mare at M'GAURANs ; she had malanders ; she had long hair on the back part of the legs, under which, when he lifted it up, there appeared these cracks on the posterior part of the knee ; this is called malanders ; a horse which would have it would in his opinion be unsound ; could not say how long it was on here ; saw the disease on other horses.
Cross-examined by Mr. BROOKE, Q.C. -- Knew it was malanders ; got his information from books in horses ; when such a disease is on the posterior part of the knee, it is called malanders ; ordered mercurial ointment to be applied to it, and to be washed with soap and water ; would not object to a splint in a horse.
To a Juror -- The disease was not pointed out to me when I was showed the mare ; does not think a splint an unsoundness.
Thomas John TOWERS examined by Mr. J. MAJOR, Q.C. -- is a veterinary surgeon for about the last eight years ; resides at Navan ; saw the mare ; examined her ; she had malanders, which is a skin disease, and which, when its locality is the back of the knees, is called malanders, and is a kind of grease ; it proceeds from different causes -- from bad grooming generally -- is of the opinion it is unsoundness ; there was a mare pointed out to me by Mr. M'GAURAN about a month or six weeks ago, which mare had malanders ; the skin appeared (on the mare) to be thick, scaley, and sore to the touch ; it (malanders) would produce defective action and unsafeness in a horse ; cannot say how long she was under malanders; cannot even form a correct opinion ; it must have existed for some time ; it might have existed for a week, a month, or three months ; does not know how long it might have existed.
Cross-examined by Mr. John BROOKE, Q.C. -- Examined the mare yesterday ; the disease might be a week, month, or three months old ; would not advise riding her ; washing with soap and water, and applying mercurial ointment ; standing in a cold stable, high feeding would not lame her ; the washing would not do her harm ; mercurial ointment is very bad, soap and water good ; I have heard TIERNEY's evidence ; from hearing which I could not say now long it existed ; it is a kind of grease ; some horses have it constitutionally, and unless carefully groomed will always have a tendency to this disease ; I would call that tendency unsoundness ; the disease might break out in a short time ; if it existed previously it might reappear again in two days ; over exercise in the fair might induce it.
To the Court -- It would not appear between Saturday and Monday unless there was previous cause.
James M'GAURAN proved having shown this mare to Mr. TOWERS, and to TIERNEY's first seeing the mare, and that the disease appeared like a scurvey or scab.
John BROOKS, Esq., Q.C., commented on the evidence produced by the plaintiff, and then produced the following witnesses for the
Thomas PRICE (defendant) to John BROOKS, Esq., Q.C. -- I am a farmer and lives in the county Westmeath ; I sold mare to Mr. LYNCH ; had her near ten months ; she had a splint ; I told Mr. LYNCH so ; never knew of her having malanders ; never saw anything running from the back of the legs.
George Moore DAVAGE, M.D., examined by John BROOKS, Q.C.-- Lives at Castlepollard ; is a general medical practitioner ; defendant lives four miles from me ; saw the mare on Monday or Tuesday previous to the fair ; she was in the stable ; he intended to buy her for his brother ; saw nothing on her but a splint ; generally speaking has a knowledge of horses ; has seen but two cases of malanders ; it does not appear that this case of malanders could escape his examination ; thinks when he examined her she could not have malanders ; considers it comes from a bad state of the blood, and that a horse would in his opinion be unsound if he had it.
Mr. JOHNSTON cross-examined this witness at much length and with great ability, but could not shake his direct testimony.
Mr. JOHNSTON then commented on the evidence for the defence, and dwelt on a question put by a juror and answered by Mr. TOWERS for considerable time.
The Court not being certain of the correctness of the question to Mr. TOWERS -- could the disease be so skilfully(sic) treated that it would escape detection? Mr. TOWERS replied that it could be so treated so as to escape the observation of a professional man, except he knew his business.
The Chief Baron complimented Mr. TOWERS for the straight-forward and intelligent manner in which he gave his evidence, and for his professional acuman(sic), and then charged the jury, which, after a short deliberation, returned a verdict for the plaintiff for the full amount claimed and costs.
[The remainder of the assizes intelligence will be given in our next.]
INCUMBERED COMMISSION COURT.
The Chief Commissioner sat on Thursday, for the disposal of the following estates by public auction. There was a crowded attendance in the court, and the biddings were of a spirited character: --
COUNTY OF CAVAN.
In re the Estate of Anthony O'REILLY.
Lot 1. -- The lands or(sic) Garrysallagh, held in fee, containing 96 statute acres ; yearly rent, 126£.
Mr. COLLES was the buyer, in trust for 2,375£.
Lot 2. -- The lands of Drummalaghan, held under a church lease, at the yearly rent of 12£. 18s. 6d., containing 72 statute acres ; annual rent, 98£. 18s. 8d.
Mr. COLLES was the buyer, in trust, 1,950£
Lot 3 -- The lands of Gortneshangan, held in fee, containing 78 statute acres ; annual rent, 19£. 7s. 8d.
Mr. COLLES was the buyer, in trust, at 525£.
Lot 4 -- The lands of Kilbride, held under a fee-farm grant, containing 503 statute acres, subject to a fee-farm rent of 36£. 18s 6d, and producing an annual rental of 517£ 11s 4d.
Mr. COLLES was the buyer, in trust, at 8,025£.
Lot 5. -- The lands of Knocknavan, containing 105 statute acres, held under the same grant with Lot 4, at an annual rent of 135£ 0s 5d. This Lot and Lot No. 6 was sold indemnified by Lot 4 from the fee-farm rent mentioned in Lot NO.4.
Mr. COLLES was the buyer, in trust, at 2,125£.
Lot 6 -- The lands of Polereagh, containing 134 statute acres, held under the same grant with Lots 4 and 5, producing the annual rent of 147£ 10s. 6d.
Mr. COLLES was the buyer, in trust, at 2,255£.
This estate was sold at an average of 17 years' purchase.
Mr. Robert SMITH, solicitor, had the conduct of the proceedings.
COUNTY OF DOWN, KING'S COUNTY, AND CITY OF DUBLIN.
In re the Estate of William Edmund REILLY, deceased. The following lands and premises, situate in the county of Down, King's County, and City of Dublin ;
Lot 1 -- Meenin, county of Down, containing 391 statute acres ; nett(sic) yearly rent, 406£.. 15s 2d.
Mr. Thomas GARRETT was the buyer in trust, at 8.425£.
Lot 2 -- Tamnaharry (part of), and Edentrumley, county of Down, containing 703 statute acres ; nett yearly rent, 184£ 9s. 1d. Mr. HAMILTON was the buyer in trust, at 2,425£.
Lot 3 -- Tamnaharry (part of), county of Down, containing 37 statute acres ; nett yearly rent, 50£.
The Rev. Charles LETT was the buyer at 2,250£. equal to 45 years' purchase.
Lot 4 -- Ballyvalley, county of Down, containing 590 statute acres ; nett yearly rent 226£ 14s 5d.
Mr. Frederick HAMILTON was the buyer, in trust, at 3,700£.
Lot 5 -- A fee-farm rent, arising out of the mansion-house and demense lands of Colenacran, county of Down, containing 37 statute acres ; nett yearly rent, 65£.. 0s. 3d.
The sale of this lot was adjourned.
Lot 6 -- Ballylonan and Ballymaddock, King's County containing 140 statute acres; nett yearly rent, 93£. 12s. 3d.
Mr. O'BRIEN was the buyer at 1,550£.
Lot 7 -- Profit rents arising out of the houses Nos. 13, 14, and 15, Dawson-street, Dublin ; nett yearly rent, 122£. 12s. 10d. Mr. Basil ORPEN was the buyer at 1,925£. This estate was sold at an average of 19 1/2 years' purchase.
Messrs Thomas CROZIER and Son, solicitors, had the conduct of the sale.
MARK OF RESPECT. -- On Tuesday evening, the 28th inst., a number of respectable inhabitants of Newry assembled at Dransfield's hotel, for the purpose of presenting Head-Constable Benjamin WHITLEY, on his removal to Armagh on promotion, with an address, accompanied with a massive gold chair, and key, as a mark of their unqualified approval of his merrits(sic) and gentlemanly demeanor during his residence in Newry, a period of nearly six years. Mr. Whitley leaves Newry deeply regretted by all parties, and carries with him the unanimous wishes of the people of Newry for his future welfare and prosperity. During Mr. Whitley's residence in Newry he earned the esteem and admiration of all classes ; and we sincerely congratulate the people of Armagh upon the acquisition of so useful, efficient, and obliging an officer. --Newry Telegraph.
ENLISTMENT OF LORD ERNEST VANE, SON OF THE MARQUIS OF LONDONDERRY. A good deal of surprise was occasioned on Friday evening last by the announcement that Lord Ernest VANE, youngest son of the Marquis of Londonderry, had enlisted in the 4th Royal Irish Dragoons. It appears that the noble lord has been for some time past staying in the neighborhood of Winchester, as pupil in the house of a clergyman, and on Thursday last came to town by the South-western Railway, accompanied by his groom, and proceeded at once to Charles-street, Westminister, where he fell in with a recruiting sergeant, with whom he enlisted, and then tried hard to induce the groom to follow his example, but without effect. The servant returned to Winchester and communicated the extraordinary news to the family, and the electric telegraph was resorted to, but the information reached the noble marquis too late. The noble lord and a party of recruits were regularly attested at Rochester-row police court on Friday, and although some of the authorities at the magistrates' office recognised him, he said his mind was made up. He gave the name of Earnest Smith, and started with his comrades for Dublin. His lordship is in his nineteenth year, about five feet ten inches in height, stout and well made, and appears at present resolved to follow his newly-adopted career. --Observer
It is gratifying to learn from a return "of the number of persons flogged in the navy since 1847, with the number of lashes inflicted: (for which return the public are indebted to the inquiring spirit of Mr. HUME, that the use of this revolting punishment has been, year after year, not merely decreasing, but decreasing at a consoling rate -- over the whole term included in the return. Omitting the number of lashes inflicted, we may notice that the number of punishments, during the following successive years, has been on the following rapidly falling scale: -- In 1848, the number of punishments were, 1,363 ; in 1840, 1,087 ; in 1850, 967 ; in 1851, 842 ; in 1852, 587.
Mr. Joseph TINNISWOOD, of Edenhall, Lancashire, recently killed twelve rooks at one shot with a single-barrelled gun.
July 21, 1853
CROWN COURT - TUESDAY, JULY 12.
(Continued from our last.)
CAUTION TO CORONERS EMPLOYING MEDICAL WITNESSES AT INQUESTS.
Whilst Judge TORRENS was engaged in flating the presentments, an application having been made by Mr. J. BERRY, one of the coroners of the county, to allow certain fees to Doctor WADE of Belturbet for attending and giving evidence at a number of inquests which he had held since last assizes, and which the grand jury refused to make presentments for, his lordship inquired into the nature and merits of each case, some of which he disallowed, and when doing so remarked that it was the duty of coroners to put the ratepayers to the expense of the fees of medical gentlemen for attendance at inquests where there did not appear an obvious necessity for their doing so - for instance, where persons came by their death from natural causes - and that it was the opinion of the judges that such fees should not be allowed. His lordship added that he had known instances where coroners were in the habit of bringing medical gentlemen about the country with them to hold inquests; and he begged leave to give public notice to all coroners who might be then within his hearing, that he would in future inquire into every case where a fee had been certified by a coroner for the attendance of a medical witness at an inquest, and disallowed same where he conceived there did not appear a necessity for such attendance.
Mr. BERRY inquired of his lordship if the jury should require the attendance of a medical witness, would he be justified in complying with the request?
His lordship, in reply, said that when such would occur he (the coroner) should exercise his own discretion.
RECORD COURT - TUESDAY, JULY 12.
(Before Chief Baron Pigott.)
SPECIAL JURY CASE.
Cosby Thomas Nesbitt v. John M'Manus.
The following gentlemen were empanelled and sworn as a special jury to try the case, viz.: -- Richard FOX, Esq., J.P., foreman; Abraham BRUSH, Esq., J.P., James HAMILTON, Esq., J.P., Henry SARGEANT, Esq., J.P., John ELLIOT, Esq., John DAVIS, Esq., Alexander CLEMENGER, Esq., Isaiah GIBSON, Esq., Edward M'INTOSH, Esq., J.., Richard CLARKE, Esq., John GUMLEY, Esq., J.P., and Wm. FARIS, Esq.
Mr. RICHARDSON opened the pleadings. He stated that it was an action in ejectment upon the title, brought at the suit of the plaintiff (a gentleman residing in the city of London, who is a large landed proprietor of this county) against the defendant, a respectable gentleman farmer residing at Cormeen, near Ballyjamesduff, for recovery of the townland of Aughalion, situate in the parish and barony of Castleraghan, in this county, containing by estimation about 120 acres Irish plantation measure, at the annual rent of 10s. per acre, held by the defendant from plaintiff, as tenant from year to year, which tenancy expired by reason of a notice to quit having been served upon him on the 28th October, 1852, requiring possession of the premises on the 1st May last.
Mr. MAJOR, Q.C., stated the case to the jury on behalf of the plaintiff, which in substance was to the following effect: -- A lease of the premises was made by a person of the name of James TUITE, the original owner of the lands, from whom the ancestors of the plaintiff derived, to a person of the name of Samuel CHARLESTON, bearing date 30th September, 1782, for three lives and thirty-one years; the lives were Samuel DAVIDSON, Anna CHARLETON, and Wm. CHARLETON, two nephews, and a niece of the lessor, who, together with his niece and nephew, Samuel DAVIDSON, having died early in the present century, and Wm. CHARLETON, the surety(?) on succeeded to the property, and a Mr. Bernard M'MANUS, father of the defendant, having been agent to Mr. SAMUEL; was continued in the same capacity by William CHARLETON, the then owner and last surviving life or cestu qui vie in said lease ; the defendant, John M'MANUS, the son of said Bernard, as before stated, married the daughter of said Wm. CHARLETON, and after his death succeeded to the property. This William CHARLETON, having left the country some time about the years 1813, 1814, or 1815, has never been heard of since, and is supposed to have died about that time, or shortly after ; but at all events he has not been in this country, nor has he been heard of ever since ; the 31 years consequently expired in the year 1845, or in that of 1846, and the tenure in the lease having commenced in September, 1782, consequently the seven years permitted by the statute, 7th Wm. III, to elapse after the last life in the lease had been heard of in the country, had expired on the 1st November 1851, or at farthest on the 1st November, 1852, and on the 28th October last (a few days previous) a notice to quit was served upon the defendant, he being then merely a tenant at will, or tenant from year to year, requiring him to quit and deliver up the promises in question on the 1st of May last ; it is true, that although the tenancy or tenure in the lease commenced in September, 1782 ; the first gale (i.e.) the first half year's rent by special agreement, was not to become due and payable until November, 1783, but the regular gale days for payment of the rent, were 1st May and 1st November, therefore the tenure commenced on 1st November, 1782. The first witness produced on behalf of the plaintiff was -
Wm. TATLOW, Esq., agent for Mr. NESBITT, examined by Mr. Robert JOHNSTON - the substance of whose evidence was, that the defendant was tenant to the plaintiff, and as such, paid him rent, and on being cross-examined by
Mr. John BROOKE, Q.C., on behalf of defendant, admitted that he had brought an ejectment in the superior court for non-payment of rent, and obtained judgment and a habere facies against defendant, which he had executed, and the usual six months lease given ; however, the amount of rent and cash having been subsequently paid to him on behalf of plaintiff, the defendant was restored to his original position ; did cause a distress to be made upon the tenants of the defendant at their request, for rent due up to the 1st of May, shortly or immediately after that period ; and if it was a harsh proceeding, it was done at their instance, and to protect them, as he was constantly a defaulter in the payment of the head rent ; does not conceive that that proceeding was a waver(sic) of the notice to quit served at his instance upon defendant ; made an affidavit as agent verifying the declaration in ejectment as to the amount of the rent due, but does not conceive, although an attorney, that his doing so, was an admission that the lease under which the defendant held, had not expired.
Edward FITZSIMONS examined by Mr. RICHARDSON - Knew a Mr. William CHARLETON, he was landlord of the lands of Aughalion, the lands in question ; saw him in the year 1814 on the lands - the last time he was on the lands, and he then heard him say that he was the last and surviving life in the lease, as the other two lives in it were dead ; that Mr. CHARLETON's daughter was married to the defendant.
Cross-examined by Mr. LOWRY - Slept in the gaol last night ; has been there for the last three weeks for having unregistered arms ; was in gaol before ; told the story that he now tells about what he heard Mr. CHARLETON saw with regard to the non-existence of the lives in the lease to Mr. Wm. TATLOW before and since he went to gaol.
John FITZSIMONS examined by Mr. MAJOR - Is bailiff to Mr. TALLOW, or rather to Mr. NESBITT, the landlord, over the lands of Aughalion ; remembers seeing Mr. Wm. CHARLETON in the house of defendant's father ' knew Mr. Samuel CHARLETON ; it was he got the original lease ; the tenants paid Bernard M'MANUS, the father of the defendant ; defendant was married to the daughter of said Wm. CHARLETON ; remembers seeing the latter in defendant's father's house at Cormeen, drinking punch, with his (witness's) uncle, and him say that the tenants on the lands would be well enough during his life-time, and thirty-one years after, as he was the landlord, and the last life in the lease ; defendant has been receiving the rents of the lands since the year 1819 ; knows it because he got married to said Wm. CHARLETON's daughter ; I got the property by her ; the conversation occurred in 1813 of 1814 ; heard that Wm. CHARLETON was dead ; he has not been in the country, however, since.
Cross-examined by Mr. BROOKE - Knows the year was 1814, because it was the year before the battle of Waterloo ; is quite certain of that, and count not have made a mistake about the year, because the year he quit schooling (going to school) and has his copy-book yet with the date and year in it.
To the Judge - Has not the copy-book here, but has it at home ; admits he cut his crop at night, but it was not to evade paying his rent to Mr. M'MANUS (laughter) ; holds his farm under defendant ; does not wish to assist Mr. TATLOW, his employer, in turning out the defendant ; as if he be turned out he thinks he will not get his cheaper, but that he will have to pay higher for it.
Patrick FITZSIMONS examined by Mr. JOHNSTON - Is sixty-three years of age ; saw Mr. CHARLETON on the lands in the year 1814 ; is brother to the last witness, the bailiff of Mr. TATLOW or Mr. NESBITT ; recollects the year, because he heard his uncle and father, who were joint tenants on the lands, and were talking about the matter.
The plaintiff's case having closed, Mr. BROOKE addressed the court on behalf of the defendant, in an able and argumentative speech, and terminated by calling upon the court to non-suit the plaintiff as he had failed to prove that the lease of the premises in question had terminated, and that the notice to quit was premature. With the permission of the court counsel was permitted to prove the service of the notice to quit, buy a witness of the name of Thomas KELLY. The defendant offered no evidence. His lordship refused to non-suit the plaintiff, but said, he would accept of exceptions and points saved, and then charged the jury at very considerable length, stating that the defendant could have very materially assisted in the elucidation of the very intricate case, by submitting himself for examination in the witness's box, but not having done so they, the jury, just deal with it in the best manner they could.
The jury, after some time spent in deliberation, returned a verdict for the plaintiff, and on Mr. John TATLOW, his attorney, handing up twelve guineas (the special jury's fee, as he conceived that it (the case) could have been very well tried by a common jury ; and, on the following morning he stated, that having considered the points of law argued by counsel for plaintiff and defendant pro et con., he had decided that the verdict might be turned by the court above into a nonsuit or verdict for the defendant ; provided it should consider that the notice to quit, upon the fact proved, was premature.
Counsel for plaintiff - Mr. James MAJOR, Q.C.; Mr. Robert JOHNSTON, Mr. John RICHARDSON ; attorney, Mr. John TATLOW. Counsel for defendant - Mr. John BROOKE, Q.C., and Mr. James LOWRY ; attorney, Mr. Samuel SWANZY.
NON-ATTENDANCE OF JURORS.
Many of the jurors who had been called and fined in the sum of £20 each for non-attendance in the record court on the day previous (Wednesday) 13th July), having applied to his Lordship (Chief Baron Pigort(sic)) to have the fines imposed upon them remitted; his lordship was pleased to order their prayer to be complied with, but stated that he would not remit the fines upon those who did not think proper to then attend and solicit that boon, whereupon
Mr. M. W. REDDY stated to his lordship that Messrs. John MARADEN of Tullyvin, Thomas FAY, and John SHERA, of Cootehill, resided at such a distance from Cavan, they conceived there would be a sufficient number of jurors from that town and neighborhood as would save them the necessity of attending, and that one of them Mr. Thomas FAY, was 60 years of age and upwards.
His lordship in reply to Mr. REDDY said, that the proper place for Mr. FAY to apply was at the jurors special sessions, when on proving that fact he would be struck off the list ; however, on his (Mr. REDDY's) further solicitation on behalf of his friends, his lordship ordered that the fines upon them should be reduced from £20 (the fine originally imposed) to 20s. each, and subsequently directed Mr. SCOTT his register, to reduce the other fines to 20s.each also.
ASSAULT AND BATTERY.
Nulty v. Ellis.
The Chief Baron took his seat on the bench this morning at ten o'clock, and proceeded to hear the case of Nulty v. Ellis, which occupied the entire day up to eight o'clock in the evening. Damages were laid at 200£.
The following jury were sworn: -- Wm. M. BLACK,, foreman ; John ELLIOT, D. FINLAY, Wm. CLEMENGER, A. KILROY, F. M'CABE, John DAVIS, A. KETTYLE, James BERRY, Patt FAY, Peter BRADY, Edward KENNEDY, and J. A. FARIS, Esqrs.
Mr. LOWRY opened the pleadings, and said it was an action for an assault and battery.
Damages were laid at 200£, to which the defendant pleaded the general issue and justification.
Mr. MAJOR, Q.C., stated the case at considerable length to the jury, after which
John NULTY (the defendant) was sworn and examined by Mr. BROOKE, Q.C., and gave his testimony as follows: -- Is plaintiff in this record ; lives in Bridge-street, Cavan ; has a wife and one child ; recollects the 31st of October last ; was in the employment of the defendant as foreman baker at that time ; the 31st of October was on Sunday ; the defendant is a publican and butter buyer, and also deals in pigs ; was also in the employment of the defendant from the 8th of April, 1852, till the 31st of October last ; the 31st of October was Hallow-Eve ; was in the defendant's bakehouse on that morning about seven o'clock ; was accompanied by Phil FITZPATRICK, the defendant's apprentice, and set a sponge ; it is necessary for it to remain so for 12 hours ; returned about nine o'clock at night to put it in dough, for the purpose of putting it into the oven, where it should remain for two or three hours ; had put it into dough, which occupied about half an hour ; when we had finished we heard a strange dog ion the yard ; I ran out of the bakehouse ; then the dogs engaged us ; there do be pots with potatoes in the yard ; I went out to hunt them with our dog ; FITZPATRICK followed me ; I had on my short trowsers and slippers at the time ; we pursued the dogs ; they ran through the garden hedge into the garden, and then into Mrs. BROGAN's yard ; FITZPATRICK did not come up to him at the time ; the old quick is between Mr. ELLIS's and Mr. BROGAN's yard ; was in the habit of passing through Mrs. BROGAN's house on Sunday, as the defendant had no half-door on his house ; she got her bread from the defendant, and she used to oblige Mr. ELLIS's family to go through ; when we were following the dogs we heard some persons laughing in Mrs. BROGAN's ; we went in and found a young man of the name of Patt DOWLING, Mrs. BROGAN and her niece ; Mr. DOWLING had a jug of punch in his hand ; he asked me to take some of it ; I said I took no punch ; he said I should take something ; I accepted of a glass of cordial ; FITZPATRICK took half a glass of punch ; before I had finished the cordial ELLIS, the defendant, came into Mrs. BROGAN's kitchen where we were, he asked the key of the bake-house from FITZPATRICK; he gave it to him ; he did not seem in too great a passion ; he told Mrs. BROGAN he would have her broken of her licence for allowing his boys to go into her house ; it was then, to the best of my opinion, about half-past ten o'clock ; it could not be more ; after FITZPATRICK gave the key I told the defendant that he might not be uneasy as they could not do anything for too(sic) hours and a half ; is sure we could do nothing for three hours after the defendant came in ; ELLIS said ye must not come back to my place again ; he went away then ; FITZPATRICK and I consulted together and thought it better to go back and not to allow the batch of bread to be destroyed or he (defendant) might charge him with the full amount of the loss ; we went out of Mrs. BROGAN's by the back door - same was as we came in ; I found defendant's back door open, and heard him up stairs ; I called to him for the key until I would finish the work that I began, and that I would go in the morning ; he ordered us to begone or he would shoot us ; he afterwards called to his wife and said - Eliza, hand me that pistol.
To the Court - I was standing at the foot of the stairs at the time.
Examination resumed - Mrs. ELLIS called out from the lobby window and desired me to go away, that she did not care for the loss of the batch of bread ; I was standing at the foot of the stairs, near the back door, at the time ; I then went away for the purpose of going home through Mrs. BROGAN's ; I got as far as the bakehouse when I head a foot coming after me ; it was the defendant ; I saw the poker shine in his hands ; before I could go away he struck me over the ear ; I had a cap on me at the time ; the blow staggered me ; he made another blow at my head ; I lifted up my left arm to protect myself from the blow ; I received the blow on the arm, which knocked it quite powerless ; my arm fell down dead ; as soon as my arm fell he gave me a blow on the temple ; I then fell senseless on the ground ; in falling one of my teeth was broken ; I received a fourth blow which tore my shirt ; when I came to my senses a little I scrambled away ; in going FITZPATRICK came to my assistance and brought me to Mrs. BROGAN's ; I remained there while they were washing the blood off me ; I was them assisted by FITZPATRICK and a servant belonging to the captain of the 91st regiment to Dr. O'CONNER's ; the soldier used to be in my house ; he is now in Dublin ; we went late to Dr. O'CONNER's back yard, but could not get him up in consequence of it being Hallow-Eve, and persons being knocking at the doors.
To the Court - I was so weak they had to hold me up.
Examination resumed - I was brought back to my own house where I was held again ; I was then put to bed ; I was bleeding the most of the night ; my stomach also turned several times during the night ; Dr. O'CONNER saw me next morning at the break of day ; he dressed my wounds and ordered me to the infirmary ; I did not wish to expose myself in day light, so I did not go until evening, when I was brought to it on a car ; Mr. THOMPSON, the chief of the police, and Head Constable MOORE came to see me ; they did not consider me in a dangerous state at the time ; there were no depositions taken that day ; my wife went for Mr. VERNON next day ; he took my informations ; I was a month in the infirmary, and was external patient for three months after ; I have not been able to work at my trade ever since ; up to this I could not life a heavy load with stings in my arm and a dizziness in my ear ; my head was a little affected, not much ; I am getting something better now ; my head was never effected before ; by the virtue of my oath it was the defendant that struck me first ; was on the best of terms with him previously ; defendant was not drunk when he assaulted me ; I was dressed with my shirt, trousers, cap, and slippers when he struck me ; on my oath I never left hand or foot to him ; my arms were across at the time he struck me ; I had no time to strike a blow as I was going away.
Cross-examined by Mr. Robert JOHNSTON - Was in the employment of the defendant for eight months, and lived on the most amicable terms with him until that night ; has a wife and one child ; I was perfectly sober at the time ; there was not one drop on me ; I was promised for three months before ; the bake-house is a sort of a shed in the yard, the walls are about seven feet high ; the dogs were annoying me ; when there were dogs making a great noise Phill(sic) FITZPATRICK and I used to take great delight in hunting them ; there was only one dog and defendant's there at that time ; we often hunted them ; the door was locked by FITZPATRICK before we went to the dog hunt ; it was FITZPATRICK's business to lock the door ; he had the key ; defendant's dog caught the strange dog and beat him rightly ; the dough was not fit to go in the over for three hours after we left the bake-house ; would be astonished if I heard that the dough was in a state of being about the floor ; my arms were folded at the time I was struck ; cannot say whether FITZPATRICK left the candle burning or not ; does not believe he did ; there was a fire in the oven ; never heard the defendant saw a word about preventing us going over the fence ; I never remember to go into Mrs. BROGAN's at night, but did often in day light ; Mrs. BROGAN allowed the family to go through her place ; did not believe the defendant intended to short me when he called for the pistol ; I did not hear Mrs. ELLIS inside at all ; never shouted FITZPATRICK, you cowardly rascal, come on ; I never heard of defendant being in the hands of a doctor ; I did not take hold of the shafts of the water barrel; on my oath I never did ; never heard of the defendant going for the police ; does not believe he did ; did prosecute the defendant at the quarter sessions ; the jury would not agree to convict him.
Phil FITZPATRICK (the apprentice) examined by Mr. LOWRY - was in the defendant's employment in Oct. last ; was an apprentice to him three years, or nearly that time ; remembers the 31st of October last ; it was on Sunday ; remembers going into the defendant's bakehouse on that morning to set the sponge ; John NULTY, the last witness, was with me ; we returned about nine o]clock that night to make it into dough ; we had the dough finished when we heard dogs in the yard ;the plaintiff went out first ; I followed him ; we never left the bake-house open, if it was no more than to keep out the cold ; I put the candles out before I went ; I followed the dogs into Mrs. BROGAN's yard ; we heard people laughing in Mrs. BROGAN's kitchen ; the plaintiff and I went in ; a carpenter named Pat DOWLING was inside ; Mrs. BROGAN and her niece was there also ; they were drinking punch ; Mr. DOWLING had a jug of punch in his hand ; Mr. DOWLING asked us to take something ; NULTY said he could take nothing ; DOWLING said he should drink something ; he then took a glass of cordial ; I took a half glass of punch ; we did not finish it when Mr. ELLIS came in ; ELLIS demanded the key ; when he got the key he told us hot to go back to his place again ; he also told Mrs. BROGAN he would have her licence broken, for allowing us into her house ; NULTY said he might not say anything as it would be two-hours-and-a-half before we could do anything ; we were not ten minutes out when ELLIS came in ; ELLIS went back the same way he came ; NULTY said to me he would go back and ask the defendant for the key, as the defendant might look after him for the loss of the bread ; NULTY did go back ; I went with him ; NULTY went to the kitchen door ; the kitchen door was open ; I saw him go down to the foot of the stairs ; I stood at the bakehouse door all the time ; I was near enough to him to know what passed between them ; I heard NULTY ask ELLIS for the key ; he told him to begone from about his place, if not he would shoot him ; I heard NULTY say an easier turn would fit him better; NULTY also said if the defendant would give him the key until he would finish the batch he would leave in the morning ; the defendant swore by his G-d he would shoot the pair of blackguards if they did not leave that ; I heard Mrs. ELLIS say go home John NULTY out of that, no matter about the batch of bread ; she was at the lobby window at the time ; I cannot say whether the window was open or shut at the time ; I think the sash lifts ; is not sure.
To a juror - I think the sash lifts, but will not swear to it ; I know I often looked out of the window myself and it open.
Examination resumed - I never had my head out of the window ; when I heard Mrs. ELLIS speak, I told NULTY to come away out of that ; I then left the premises and went a few perch away ; NULTY had his trowsers, shirt, cap, and a pair of slippers on at the time ; is sure he had nothing in his hand ; I then heard a bustle ; I was at this time at the garden gate ; I saw NULTY fall ; ELLIS struck him with a bar or iron or some other weapon ; cannot saw where NULTY was struck ; ELLIS turned round to me and said, you cowardly dog you will get the same ; I an away ; I knew I was not able for him ; I did not know but he had a pistol with him ; I closed the garden-gate he said I will have one life anyway ; I returned again and heard Mrs. ELLIS say, "Arthur, Arthur, what is this you have done;" she was in her own yard at the time. I ran and told Mrs. BROGAN that NULTY was murdered ; on my return I met NULTY coming into Mrs. BROGAN's yard ; the gate was open at the time ; the door opens into the yard ; I did not see NULTY give any provocation to ELLIS whatever ; when NULTY came in he was bleeding from the head in a shocking state ; Mrs. BROGAN put meal and butter-milk to the wounds to try to stop the blood, but it had no effect ; I went to Dr. O'CONNOR with him; two soldiers of the 91st came up with us also ; the soldiers were out on pass ; one of them was a servant to the captain ; they are in Dublin at present ; I helped NULTY by the arm ; when we got as far Dr. O'CONNOR's we went into the back yard ; NULTY rested on the window-stool ; we rapped at his back and front door, but got no answer ; I think the reason the Doctor did not get up was it being Hallow-Eve night, every house in the town was knocked at, as it is customary to do so ; we threw sand up against all the windows ; after waiting for some time we returned to NULTY's house and put him into bed.
Cross-examined by Mr. B. JOHNSTON - I was nearly three years with the defendant ; during that time I was a diligent apprentice ; I never was summoned by him until the last occurrence ; he summoned me and I was fined by the magistrates ; the dogs made a great noise the night NULTY was assaulted ; I did not say NULTY and I were related to each other ; I did not say we were comrades ; I said we went out after the dogs ; we had our work done when we went out ; we went out to hunt the dogs certainly ; I put out the candles before I left the bake-house ; there were two candles burning in the back-house ; I only said I put out one candle ; there was a small bit of a candle left burning in an iron candlestick ; the door had a latch to it ; the key was always in the door when unlocked, so it was as easy to turn the key as to latch it ; we did not go out on the spree ; I am not bound to answer such questions ; I did not say the dogs brought me to Mrs. BROGAN's ; if the dogs were not there we would not have went to Mrs. BROGAN's ; ELLIS demanded the key and told us not to go back again to his place ; he also told Mrs. BROGAN he would have her licence broken for allowing us into her house ; NULTY told me he would go back to ELLIS for the key of the bake-house as he (defendant) would look after him for the loss of the batch ; I went with NULTY as far as the bake-house ; the kitchen door was open ; I cannot say how far the kitchen door is from the bake-house ; I do not know how long I remained at the bake-house door until NULTY came back ; ELLIS told him to begone or he would shoot the pair of blackguards ; it was not too dark at the time ; NULTY had no candle with him ; I saw light up stairs ; it must be a dark night that you will not see a man in his shirt ; heard ELLIS say - come on, you cowardly dog, and I will put this through you, holding out his left arm ; I do not know what he had in his hand ; I ran off from him ; he did not catch me ; I suppose if he did I would have fallen the same victim as NULTY ; I did not take that word out of a dictionary, and it is a very proper word when done (laughter).
Theresa BROGAN examined by Mr. MAJOR, Q.C. - Lives next door to Mr. ELLIS, the defendant ; recollects last Hallow-Eve ; myself, Patt DOWLING, and my niece were in the house about ten o'clock ; I keep a public house ; saw Mr. ELLIS come in about that hour ; John NULTY and Phil FITZPATRICK were there at the time ; they were not more than ten minutes in when Mr. ELLIS made his appearance ; Patt DOWLING had a jug of punch in his hand ; Mr. ELLIS demanded the key of his bake house, and told me he would have my licence broken ; he got the key ; NULTY said he would do him no harm, that he would finish the work he had in hand ; he told them not to go about to his place again ; he (Mr. ELLIS) then left the house ; Mr. ELLIS, his servant, and children often came through the hedge which separates the gardens ; they often came into and went through my house ; NULTY and Phil FITZPATRICK left the house immediately after Mr. ELLIS ; in a short time after NULTY was brought in covered with blood ; before NULTY came in I heard FITZPATRICK cry out in the yard :NULTY is murdered: it was about an hour from the time they left until they returned and NULTY was covered with blood ; thinks that it was only about a quarter of an hour from they left my house until I heard FITZPATRICK cry out that NULTY was murdered, and in a few minutes he was brought in backwards ; DOWLING was not there then ; there was no person in the house but myself and my niece ; NULTY was bleeding from the head ; my niece washed the blood off him and tried to stop the bleeding ; he only remained in my house for about ten minutes ; he was then brought to his own house, and afterwards to Dr. O'CONNOR's ; never knew NULTY to be in her house at night before ; that night he came in accidentally ; he was in the habit of going through my house on Sundays because Mr. ELLIS has no hall-door on his house.
Cross-examined by Mr. JOHNSTON - Mr. ELLIS complained before for me allowing his bakers into my house.
Thomas O'CONNOR, Esq., examined by Mr. BROOKE, Q.C. - Is an apothecary ; I keep an apothecary's shop in this town ; it is in the Main-street ; recollects last Hallow-Eve night ; heard great knocking at my doors, but, as it is a practice of the young folk to rap at the doors on Hallow-Eve night, I did not take notice of them ; I did not get up ; saw John NULTY about eight o'clock the following morning ; his head was folded in cloths ; the cloths were saturated with blood ; having removed the cloths and examined his head I found two wounds on it ; they appeared to be rather serious, so much so that I deemed it judicious to recommend him to go into the infirmary ; I also found a wound on his arm, but, it being a case fit for the infirmary, I did not examine him closely.
George ROE, Esq., M.D., examined by Mr. LOWRY - Is a surgeon and licentiate of the Royal College of Surgeons, Dublin ; recollects to see John NULTY on the evening of the first of November last in the infirmary ; is surgeon of that institution ; did not examine him until next morning ; he had wounds on the left temple ; he also complained of the left ear ; the ear was much swollen at the time that I examined it ; the injuries on the arm did not appear to be of much consequence ; I paid all attention to the head, the shoulder was not much injured ; the head was the most serious ; I do not think the brain was injured at all ; the external parts were very much bruised ; the temple artery must have been opened, as his clothes were completely saturated with blood ; the left arm was also injured ; poker would inflict the wound, but I think it must have been a pointed instrument, as it seemed to be a contused, not an incised wound ; at first I did not consider his life in danger, as I did not think there was so much injury done, but on the third day erysipelas set in ;the whole scalp and face were affected ; it was that time the accident took place in Dublin, (The accident which the doctor refers to is that of the butcher's boy in Dublin who lost his life by the blow of a whip from Dr. BANKS). I was most uneasy about him ; at that time I considered his life in danger ; I can have no doubt but the erysipelas came from the effects of the wounds on the head ; the plaintiff remained for three weeks and four days in the infirmary, at the expiration of the three weeks and four days he wished to go out ; I was glad he wished to do so, as he would have the benefit of the air outside ; it was altogether with my consent he went out ; I think he was attending the infirmary as an external patient for upwards of two months ; during this time his system was altogether deranged ; I told him not to attempt to work, as his system would not bear it ; I made no communication to a magistrate, but on one of my visits to the infirmary I saw Mr. VERNON there ; I saw the defendant on the 16th of May ; I then found him labouring under paralysis in the cheek, which continues up to this ; the injury to the arm and cheek will be some time before removed ; where a nerve is injured, it causes stinging pain for some time ; I would say, he (NULTY) is not fit to do any work yet.
To the Court - Kneading of dough would be of much injury to him.
The Dr. was not cross-examined.
Patt DOWLING examined by Mr. MAJOR, Q.C. - Recollects last Hallow-Eve night ; remembers to see NULTY (the defendant) and FITZPATRICK on that night ; they came into Mrs. BROGAN's where I was ; they were not more than ten minutes in when Mr. ELLIS (the defendant) came in ; he demanded the key of his bake-house from FITZPATRICK ; he got the key and told them not to go back again to his place ; NULTY took a glass of cordial, and FITZPATRICK took a dandy of punch from me ; they went out in a few minutes after Mr. ELLIS left ; I left the place then and saw no more.
Court - What do you mean by a dandy of punch? Is a dandy of punch a tumbler:
Witness - No, my lord, it is a 'young one ; it is but half a tumbler (laughter).
Rose REILLY examined by Mr. BROOKE, Q.C. - Was a servant to Mr. ELLIS,; heard NULTY ask the defendant for the key of the bakehouse ; I did not hear what reply the defendant gave him ; NULTY asked him again for the key ; the defendant told him to begone out of that or he would shoot the pair of blackguards ; I heard Mrs. ELLIS desire NULTY to go away ; if the batch of bread was lost she did not care about it ; I do not know where Mr. ELLIS was at the time ; I was standing on the second flight at the time ; I often opened the lobby window myself ; I found the poker with blood on it the next morning when I was going to put a fire in the grate ;it was in the bedroom the poker was.
Cross-examined by Mr. JOHNSTONE - I was living with the defendant on the 30th of October last ; never was at the sessions ; is quite sure the blood was on the poker ; found it in the fire-place next morning ; I lived with Mr. ELLIS better than a quarter of a year ; did not leave the place at night, it was in the evening I left ; the reason I left was to better myself ; I gave no notice when I was going ; I was only three days in the second quarter when I left.
Mr. MAJOR said that the case for the plaintiff closed.
Mr. JOHNSTON then rose and made an eloquent and powerful address for the defence, which lasted for about an hour, he then called upon
Mr. ELLIS, the defendant, who gave his testimony as follows: -- I am the defendant in this record ; recollects the 31st of October last ; knows the plaintiff, John NULTY ; he was in my employment at the time as foreman baker ; I keep a shop in this town ; Phil FITZPATRICK was my apprentice ; he was not quite three years with me ; NULTY served his time to me as a baker also ; I remember Hallow-Eve night last ; I was looking out of my window that night ; I saw NULTY standing at the bakehouse door ; after some time FITZPATRICK came to the door also ; FITZPATRICK got a soap box and went to fill some turf ; NULTY held the candle for him ; after that NULTY took a small looking-glass, and wiped it with his apron ; I went back to my room and put out the candle ; I came back to the lobby window ; I saw NULTY then standing outside the bakehouse door ; FITZPATRICK came out after him and locked the door ; both of them turned the angle of the turf-house ; I then went back to my room and lit the candle ; I took off my boots and came down stairs and went into the turf-house ; neither of them were in the turf-house ; I then went through the garden, into Mr. BROGAN's yard ; I looked and saw a light inside ; I stood at the door, and heard them talk about a house that I was about taking from Captain ERSKINE ; some of them said I would not get it ; I then went in and found NULTY, FITZPATRICK, and some other persons inside ; I demanded the key of the bakehouse from FITZPATRICK ; he gave it to me ; I told them I should get proper men to mind my work ; I also told Mrs. BROGAN I would have her license broke, as she had me robbed by keeping a night-house ; it was about eleven o'clock at this time ; I left the house then, and went into my own house and bolted the back-door ; I went up stairs and took off my dirty stockings, and went to dry my feet ; I then heard a rap at the back-door ; my wife went to the lobby window ; I heard NULTY ask the key ; I told him to be off about his business ; at this time I was determined to go to Mr. KELLY's to get a baker to finish the batch ; NULTY still continued giving me annoyance ; I told him if he would not leave the place I would blow his brains out ; FITZPATRICK was prompting him outside, NULTY dared me to come down, and told me if I did I would not be in a hurry back ; I could hear the apprentice directing NULTY what to say ; my wife told me to be quiet, and that they would soon go away ; after a short time I looked out on the lobby window and count not see them ; I believed they were gone off ; the window ; does not rise it open with laths ; I remember about half an hour before I went out I put on a clean pair of stockings, and went down stairs for a large pair of boots that I have for traveling in ; I also went into the shop ; it was new boots I had on during the day ; I then went up stairs and regulated some accounts that I had with a man named WOODWORTH ; I then came down stairs, and went out to the bakehouse ; I brought the tongs out of the fire-place with me ; on my oat I did not bring the poker ; I am quite sure it was the tongs I had in my hand ; I also brought the key of the bakehouse ; I had the tongs in my left hand and the key in my right ; when I was in the act of putting the key into the door ; I heard a foot coming towards me ; I then got a kick which knocked me down ; my cheek came against the wall ; the tongs fell out of my hand ; my shin was cut with the kick ; Dr. COYNE was attending me for three weeks after ; I got another blow that knocked me against the angle of the door ; I got up again ; I did not see NULTY until then ; I then caught hold of him and knocked him down ; NULTY shouted, "Phil, you cowardly rascal, where are you;" I was then struck with a stone in the chest, and fell at the gable of the storehouse ; it was either a stone or brick that I was struck with ; I found the effects of it for some days afterwards ; the stone came from the back of the bakehouse ; I saw FITZPATRICK run away ; I saw him with the light of the candle that was in the bake-house ; as I was getting up I found the tongs, and as NULTY was coming up to me I struck him ; I think it was about the head he received the blow ; he then made at me again ; I told him if he would come again I would hurt him ; the then made at poles that were in the water barrel ; I then struck him on the arm ; he rushed at me again and I then struck him, I think, on the temple ; my wife came between us ; she told him to go about his business ; he thought to get at me again ; after that he walked away ; I went into my own house, and when I saw the manner in which I was cut and abused I went to the police barrack ; the police were all out on duty except one man that was in care of the barrack ; I never struck a blow until I was knocked down ; NULTY was always a quiet, well-disposed man up to this ; FITZPATRICK was not so, as I had to reprove him often for being drunk ; I never said Eliza, where is my pistols: never remembers to fire a shot but one or two in my life ; I have one pistol, but it is not in order ; it was only to frighten them I said I would shoot them ; a person standing at the turf-house could not see what would be going on at the bake-house door, as there is more than four feet of an angle ; you must go through the turf-house to the garden ; I did not hear a dog bark in the yard the whole night ; my dog is only a pup ; I was looking at both of them leave the bake-house ; I was looking out of the lobby window ; Rose REILLY was a servant in my place ; she left before her quarter was up.
Mr. MAJOR, Q.C., cross-examined Mr. ELLIS, but his evidence was not shaken.
B. COYNE, Esq., M.D., examined by Mr. JOHNSTON - Is a surgeon and medical practitioner in this town ; knows Mr. ELLIS, the defendant ; I remember to be called upon to go see him on the 1st of November last ; he was in bed at the time I saw him ; I found a severe, lacerated, contused wound on his leg ; the contusion on the face looked like a scrape against a wall ; it did not require much attention ; I do not remember to hear the defendant complain about the blow of a stone in the chest ; I attended him from the 1st of November to the 20th of same month ; he was almost the entire time confined to his bed ; is acquainted with Mr. ELLIS' character.
Court - It is not necessary to refer to his character, as a man coming into this court with an action may be an angel or a demon ; it is all the same.
Cross-examined by Mr. BROOKE, Q.C. - The defendant might have received the injuries from a metal pot, but does not think it was, as the wound had a tendency upwards ; it was lacerated also.
Court - Would the ear of a pot cause the wound?
Dr. COYNE - I think not ; the wound was inclined upwards ; the corner of a wall might cause it.
Mr. JOHNSTON produced a map that his client got drawn that the court and jury might see the situation of the premises, and produced Mr. Robert BANNISTER (the gentleman who drew the map) to prove the accuracy of it.
Robert BANNISTER examined by Mr. JOHNSTON - Is a surveyor ; made a survey of Mr. ELLIS' premises ; I observed the bakehouse door ; the door is angle ways ; it is not a right angle ; it is obtuse.
Mr. JOHNSTON said this closed the case for the defence.
Mr. BROOKE, in his usual eloquent style, addressed the jury for the plaintiff, after which the Chief Baron called up Mrs. BROGAN and Mr. DOOLAN to know if they could say what sort of shoes the plaintiff had on the night the assault was committed ; both of the witnesses said they could not tell as they did not take notice.
The Chief Baron addressed the jury, which occupied upwards of an hour. In the course of his address he told the jury if they believed that NULTY gave the first blow they would find a verdict for the defendant ; if otherwise, they would find for the plaintiff. The jury then retired to their room to consider their verdict.
It being a quarter past eight o'clock, his lordship ordered the court to be adjourned until nine o'clock next morning.
His Lordship remained for a short time in court afterwards, and before he left informed the jury that if they would agree any time before eleven o'clock he would come down from his lodgings to take their verdict, at the same time ordered two bailiffs to be sworn and placed at the jury door.
The Jury, at half-past ten o'clock, ordered the judge to be sent for, when, on his arrival, the foreman handed in the following verdict in favour of the plaintiff, --- £20 damages, and 6d. costs.
The Guardians of the Cavan Union v. John KELLY, Bernard FITZPATRICK, and Owen DRUM.
The following gentlemen were sworn on the jury to try this case (no P.L. G. being allowed on the Jury): -- William MOORE, Foreman ; J. BEATTY, F. M'CABE, John DAVIS, John ELLIOTT, W. CLEMENGER, A. KETTYLE, D. FINLAY , Wm. NORTON, Edward KENNEDY, Patrick FAY, and Wm. HAGUE, jun.
Mr. LOWRY stated that the present proceedings were against John KELLY, a defaulting collector of poor-rates, and his securities - against KELLY as principal. He stated that previous to the guardians appointing KELLY a rate-collector, there was a rate levied by the guardians on the electoral divisions of Kildallan and Ballyconnell, amounting to 1,542£, 16s. 3 1/2d. This cess was levied on the 15th January, 1850. A person named John FITZPATRICK was appointed collector by the guardians, with whom he entered into an agreement for the collection of the rates, B. FITZPATRICK and O. DRUM were his securities. J. F. however made default, and left the country, leaving 181£ 15s. 3d. uncollected. His securities, FITZPATRICK and DRUM, applied to the guardians to allow John KELLY (the present collector) to collect that sum. The guardians acceded to that application and appointed KELLY collector, with them as securities. KELLY, the present collector, only collected the sum of 8£. 3s. 4d. The guardians, on inquiry, find that 10£. 13s. 7 ¼ (or ¾?)d. is an unrecoverable arrear, and do not proceed for that sum. B. FITZPATRICK paid 8£. 18s. 8d., being a moiety of the sum uncollected by KELLY. He paid on January 13th, 1852, 50£., and on the 13th December following, 30£. 18s. 8d.
This action was filed since that payment, which bears (deducting 3£. 10s. 3d. collected, but not returned) 81£. 17s. 8 1/2d. due to the guardians - solvent arrears. This is the amount which is sought to be recovered from DRUM, who has not paid any of the above sums, and which, on expressed conditions, was to be collected within three calendar months from the delivery of the rate-books.
Mr. LOWRY then proceeded to prove the contract between the guardians, and the defendants.
Mr. Blayney GRIER, Clerk of the Union - There was a rate made on the Union on the 15th January, 1850. The amount on the Kildallan and Ballyconnell division is 1,562£, 16s. 3 1/4d. - the levies were signed by Capt. PHILLIPS, Thomas ARDUE, and Thomas CLARKE, three of the guardians. John FITZPATRICK was originally appointed collector of that rate ; has the bonds appointing J. F. Collector - Owen DRUM and Bernard FITZPATRICK were his securities. He collected the entire of that rate, except 181£. 15s. 3 ½ d. He went to America ; subsequently John KELLY was appointed to collect the remainder ; I have the minute of the 29th July, 1831 (1851?), ordering his appointment. William SMITH moved, and Bernard GAFFNEY seconded - "that the clerk be directed to fill up a bond and to have it executed accordingly." The minute was signed by the chairman of the next subsequent meeting of the guardians ; has the warrant which was delivered to KELLY ; it is signed by R. BURROWES, Chairman, Theo. THOMPSON, and James CAFFREY, three of the guardians ; delivered to him (KELLY) on the 13th of August, 1851(?) ; cannot saw exactly the date he gave it back ; KELLY lodged 8£. 3s. 4d. of that rate to the credit of the union according to the treasurer's book ; the treasurer is manager of the Provincial Bank in this town (Mr. GRIER is unable to prove the solvency of the divisions.)
Chief BARON - I must have some evidence of the solvency of the divisions.
Mr. LOWRY thought his lordship had prima facie evidence that they (the rate-payers) were solvent, and that it was for them to prove that they are not.
The Chief Baron must have some slight evidence of the solvency of the divisions.
Here a difficulty arose as to who should prove the solvency of the divisions - Mr. GRIER is unable ; all seem unwilling ; at length
Edward FINLAY (porter to the workhouse) proved that, generally speaking, the rate-payers are solvent, and able to pay.
Mr. James ARMSTRONG, solicitor to the guardians, proved that he entered judgment on the bond entered into by Kelly and his securities with the guardians ; that he has an attested copy of it, but had it not then in court.
The Court directed the jury to find a verdict for the sum of 81£. 17s. 8 1/2d.
We have received the following letter from Dr. M'GAURAN of Cootehill, relative to some mistakes which occurred in our report of his evidence in the case of the Queen v. Rooney, which we published last week. We hope the Doctor will excuse these mistakes as the noise in court prevented us from catching the words exactly as they were spoken : --
TO THE EDITOR OF THE ANGLO-CELT
MR. EDITOR. - In your Anglo-Celt
I am reported as having said that, matter could not exist in contact with brain or envelopes without delirium, is a solecism in pathology. My opinion is quite the contrary ; my meaning and also my expression was, that matter could affect the brain or its covering without causing delirium, was a solecism in pathology. Margolin was a Professor in pathology in Paris. I never mentioned Venice. I gave his authority has having his published lectures in my possession.
Mr. Editor - if you think the above statement necessary to vindicate my profession reputation, you would oblige me by inserting the above in your next paper. - Yours,
ACCIDENT TO JOHN VEEVERS,
Esq., R.M. - We regret to be informed that Mr. Veevers, R.M., (now residing in Bailieborough), met with a serious accident on his return from the assizes of Carrick-on-Shannon (Sharnon?), on Saturday last, by the fracture of one of his arms. The other arm was also severely injured, but we are happy to learn that he is progressing favourably.
THE CROPS. - During the last week we have made several strict inquiries relative to the condition of the crops in this locality, and, are happy to learn that, without exception, they are progressing favourably, and promise a most abundant harvest. The potatoe, in particular, is remarkably sound and healthy. None of the numerous complaints which were so prevalent this time last year, concerning its failure, having reached me.
CROGHAN HOUSE BOARDING SCHOOL
(Within One Mile of Killeshandra).
Rev. R. D. ALLEN, A.B., T.C.D., Master.
At Examinations held on the 17th and 18th of June, the following young Gentlemen were awarded the number of premiums annexed to their several names, the subjects of examination being the Greek and Latin Classics, Salmon's Algebraic Geometry, Plane and Spherical Trigonometry, Euclid, Algebra, Arithmetic, and English in all its branches : --
1st Rank Premium -
Allen R., 7
Stirke, J., 2
Wade F, 2
Stirke W, 5
Wade C, 2
Clifford Robert, 4
Clifford Richard, 1
Whittaker W, 2
Martin, Caulfield, 8
Wade M, 2
Stirke G, 3
Allen C D, 1
2d Rank Premium -
Wade C, 6
Martin Charles, 1
Allen R A, 2
Stirke W, 3
Clifford, Robert, 1
Clifford, Richard, 1
Whittaker W, 2
Whittaker G, 4
Wade M, 1
Stirke G, 1
Allen, C D, 3
This School is beautifully and healthfully situated, is strictly select, and the number of pupils is limited to 24. The numerous high distinctions hitherto obtained by its pupils in Trinity College, Dublin, fully attest the efficiency of the system of Education pursued. Vacation will end on the 8th of AUGUST.
Reference to the Rev. J. C. Martin, D.D., Ex-Fellow, T.C.D., Rector of Killeshandra, whose sons are at the School ; and to the Rev. F. Saunderson, Rector of Kildallon.
The Senior and Junior Classes are entirely distinct.
The principal, Mr. DUNBAR, who has had eleven years' experience as a Teacher, and who obtained, in due course, a high Classical Sizarship(sic), Queen's Scholarship, University Scholarship, &c., personally conducts the education of each pupil, and as his number is necessarily limited, he can state, that the system of education, free from the objections made against that in public schools, comprises all the facilities for instruction presented by first-class academies, and by private tuition.
Already one hundred and fifteen Pupils, without a single failure, have passed most creditably the examinations in their different Universities and Colleges. Many obtained the highest honours in the University of Dublin.
Three Exhibitions, of the annual value of 15£. each, are open to all Pupils, and tenable by those who distinguish themselves at Entrance in the University.
Vacancies for two Boarders.
The Terms are moderate. The References include those Senior and Junior Fellows of Trinity College Dublin, whose sons and nephews have been, or continue to be, pupils.
Detailed prospectuses of the system and programme of study, with particulars of the Exhibitions, and lists of the distinctions gained by pupils, may be had on application.
10, TALBOT-PLACE, DUBLIN.
On Tuesday, 19th ult., at 10 Talbot Place, Dublin, the wife of William DUNBAR, Esq., M.A., of a daughter.
By special license, by the Rev. P. SMITH, R.C. rector, in Kill R.C. Church, on Sunday, 17th inst., Mr. Denis LENON(LEMON?) of Cootehill, Merchant, to Mary, only daughter of Mr. Joseph DRINNAN of Tullyvin, Merchant, deceased.
July 28, 1853
BAILIEBOROUGH UNION - MONDAY, JULY 18.
The usual weekly meeting of the guardians of the above union was held to-day in the board room of the union workhouse.
THOMAS CHAMBERS, Esq., in the chair.
Other Guardians present - Messrs. WARING, Joseph O'REILLY, FARELLY, TULLY, TAYLOR, M'COMB, FLYNN, and GIBSON.
The minutes of lat meeting were read and signed.
Paupers in the house on 9th instant, 413; admitted, 2; discharged, 43; died, 2; remaining on the 16th instant, 370. Cost of provisions and necessaries consumed, 27? 5s. 2d. weekly; average cost of each inmate, 1s. 3d; ditto in infirmary, 1s. 5d.; in fever hospital, 10½ d.
Treasurer's account - Received during the week, 23? 11s.; paid during the week 27? 3s. 10d.; balance in hand in favour of the union, 31? 19s. 4d.
Several letters and circulars from the Poor Law Commissioners, but of no public interest, were read.
Mr. George WARING proposed the adoption of the following resolution of which he had given notice on this day fortnight: -- "That in consequence of the rate-collector LYNCH having given a ratepayer called John CLARK a fraudulent receipt, we therefore deem the said collector LYNCH unfit to be continued in office, and that he be dismissed." Mr. WARING, in support of his motion observed that Mr. LYNCH, the collector, gave John CLARK a receipt in his own name for the payment of poor-rates due on premises rated on Patt and Ellen CLARK, and, withal, retained the names of Patt and Ellen CLARK in the block receipt-book, and that he did so with a view to enable John CLARK to qualify himself for the office of guardian, and that, therefore, he should be dismissed. If their officers be not sufficiently respectable not to do anything wrong to please any member of the board they were unfit to hold their office.
Mr. FARRELLY spoke against the resolution.
Mr. TULLY said the subject was already before the Commissioners, and, therefore, the guardians should not interfere with it.
Mr. WARING said that not only Lynch but all the present collectors were unfit for their offices, and he would not allow the new books (I understand him to mean the rate-books under revision) to be taken until every particular in them should be filled up.
The Chairman thought it would be well to bring the matter before the Commissioners. He considered LYNCH's conduct rendered him unfit to be continued in his office. It was already investigated by Mr. BARRON, and although LYNCH swore that he did not give the receipt to John CLARK for the purpose of assisting him to qualify himself it was his (the chairman)'s impression that he (LYNCH) had such an intention.
Mr. Joseph O'REILLY said that he knew LYNCH to be an honest man and of an honest family, and he did not believe that he would swear a wrong oath.
Mr. M'COMB - It is a very had thing to charge a man with a good character that he gave a wrong oath. He did not believe that LYNCH did so.
Chairman - It is hard, no doubt; but there are grounds for much suspicion in the case.
Mr. WARING - Did not CLARK walk out of the board-room on the same day and obtain the receipts from him?
Mr. FARRELLY - Let LYNCH be called in and explain the matter.
Mr. WARING - Unless my motion be seconded I have no desire that LYNCH should be called in for examination.
Mr. J. O'REILLY - If it not be seconded it must fall to the ground.
Mr. WARING - Faith it will not, I promise you.
The motion was not seconded, and, therefore, was not put from the chair.
The ordinary routine business of the day was then transacted, after which the board adjourned.
THE MURDERER KIRWAN. - We are assured that KIRWAN was placed on board a transport at Queenstown a short time since, along with 400 other convicts who were bound for Van Diemen's Land; that he was, whilst on board, allowed to wear a cloak over his convict uniform, that he was subsequently carried back to Spike Island, where he is at present, and that it was the circumstance of his having been actually seen on board the transport which gave rise to the report that his sentence of transportation had been at length carried into effect. Such, however, is not the fact; whatever may have been the object of the "demonstration," he is still at Spike Island.
We understand, says the Limerick Examiner, that the Dublin Steam Packet Company has made such arrangements with those parties who suffered loss either of friends or goods in the disastrous wreck of the Victoria as will prevent any further recourse to law. But it is understood that if claims are made by any parties who shall not be able, satisfactorily and legally, to establish the loss of a parent or other relative, which can hardly be done in any other way than by the finding and identification of the dead body, then such claim will be litigated,
Charles FERNALD, Esq.., says the Boston Post, "a ...ted and energetic young printer, who four years ago, was a compositor upon the Boston Post, has been appointed by the Governor of California county, Judge of Santa Barbara, in that State. G. H. CAMPBELL, Esq., another Boston printer, was made Judge of Calaveras, California, a year or two since."
SUMMARY OF NEWS
The Antelope cleared last week at the Custom-house, with 167 passengers for New York.
Seven girls and three boys were subjected to various penalties at the Belfast police court on Saturday, for being concerned in sectarian riots on the Twelfth of July.
A few days ago Mr. SMITH's trawling boat fished up a large anchor close to Blackhead. From its appearance and the great length of time it must have lain in the water, it is supposed it must have belonged to a vessel of the Spanish Armada, which probably found shelter in Galway during their flight by the North West coast of Ireland.
It appears that during the last five months the enormous quantity of 63,354 lbs. of opium have been imported into England; the quantity for the last month was 9,699 lbs.
Curious people note Mr. DISRAELI's reserve in the Senate and in society. At many late fashionable parties Mrs. DISRAELI appeared without her husband. Are we to have a new novel or a great speech?
There are now exhibiting in London two children of the Aztec race, which was the dominant one in Mexico at the invasion of Cortez. They are among the last relics of the race, and are of Lilliputian stature - a degeneracy produced by the constant intermarriage of their ancestors within their own family. Ethnologists are all agog on the subject.
Lord Gerald FITZGERALD, the son of the Duchess of LEINSTER, and a relative of the noble writer, has, we understand, contributed several illustrations to the new story of "Electors," from the pen of the author of "Rockingham."
The Dublin correspondent of the Times says - "The announcement has reached Dublin of the appointment of Mr. John Robert GODLEY to the important office of Chief Commissioner for the collection of the Irish Income Tax. Mr. GODLEY is the son of an extensive landed proprietor in the county of Leitrim.
Mr. KELLY, the chief constable of Gloucester, has absconded with ?485. He has left a wife and eight children.
On Saturday, the steam ship Trident, which was scuttled in the Thames to save her from burning, was raised and got into dock.
Mrs. CHISHOLM has gone to Rome, to take leave of her son previous to her return to Australia.
It is said that DYSON, the English teacher, who was apprehended on the charge of meeting the New Orleans negroes to make the recent attempt at insurrection, underwent a preliminary examination on the 22d ult. The evidence against him was sufficiently strong to induce the Recorder to bind both him and his negro associates over for trial in the District Court.
DEPARTURE OF MRS. MEAGHER. - Mrs. MEAGHER, the wife of Mr. MEAGHER, the "Irish convict," who escaped from Van Damien's Land to America, sailed in the Arctic, on Wednesday, for New York, to join her husband. She was accompanied on board by her father-in-law, Mr. MEAGHER, M.P., and her brother-in-law, Mr. MEAGHER, a captain in the Austrian service. Mrs. MEAGHER, in person and accomplishments, justifies the choice of her gifted husband; she is the daughter of an Irish gentleman transported for treason in 1798. - Liverpool Journal.
LANDSHIP AT BRISTOL. - Owing to the heavy rains of Wednesday and Thursday a large portion of land at the extremity of Brandon Hill, which overhangs Jacob's Wells, Bristol, gave way on Thursday morning and fell down on the houses beneath, causing a very considerable destruction of property. At the back of those houses are courtledges, and also behind that a wall had been erected for the purpose of protecting them from the floods from the hill, but the rain fell in such tremendous torrents and gained so much force in descending the hill, and, being augmented by some waters from a super-surface drain in connection with the national schools, which are situated in the immediate vicinity, that it overbore the wall and carried it completely away for the length of six or seven bosses.
One man was killed and another dreadfully injured by an explosion of gas which occurred at the Sun Inn, Bootle, near Liverpool, on Tuesday.
A woman named BROOKEE poisoned her two illegitimate children (twins) with laudanum, in Birmingham, on Friday week, and made an abortive attempt on her own life immediately afterwards. The wretched woman is in custody.
DEATH OF A CHILD FROM INTOXICATION. Dr. KIRWAN, city Coroner of Dublin, held an inquest at Meath-street Hospital, on Wednesday, on the body of Mary Anne BISHOP, a child of between nine and ten years of age, whose death was occasioned under the following circumstance: -- It appeared in evidence that the mother of the child undertook to conceal a jar of ardent(sic) spirits which she received from a neighbour. The little girl, it would appear, had seen where the jar had been deposited, and, taking advantage of the absence of her mother, got out the cork of the jar and swallowed a quantity of its contents. The mother returned and found the child lying on the floor in a state of insensibility. Dr. RYAN applied the stomach pump, but an effusion on the brain had set it, and in a short time after being brought to hospital, the child died.
MEMORIAL FOR MR. SWALLACE'S LIBERATION.
His Excellency the Lord Lieutenant had appointed Monday last, 25th inst., for the reception of the Deputation to present the Memorial on behalf of Mr. WALLACE. Owing, however, to his Excellency's sudden departure, on Sunday, for London (for what cause we have not been informed), the Private Secretary to the Lord Lieutenant intimated to the Deputation that the Memorial might either be transmitted after him through Major LARCOM, or that "he would be happy to receive them" on his Excellency's return to Dublin. The Deputation were of opinion that the Memorial should be sent after him. It was accordingly placed in the hands of the Under-Secretary on Monday, and an answer from the Lord Lieutenant is expected in due course. A full account of the proceedings will appear in our next publication.
VIRGINIA BOAT RACES. - These races, the only well supported sporting event in our county, are confidently expected to come off on the 18th of next month. The forthcoming programme will prove a rich treat to the lovers of aquatics; and too much praise cannot be given to the noble earl BECTIVE for his earnest and persevering endeavours to maintain the races in public esteem - and we are happy to announce he has at length succeeded in establishing them on a permanent footing. In the present instance it is expected that the Regatta will take place in a style of unusual splendour. No fewer than five races are announced, and, as it is likely they will be all well contested, a large amount of sport may be anticipated.
Dr. WHITTY, C.E., of Henrietta-street, has been directed by the Incumbered Estates Commissioners to make a Geological Survey of Lord BANFRY's property, near Berehave, and report on its mineral productions. There can be little doubt that many estates in Ireland abound in valuable ores, unknown to their proprietors, and thus a vast field remains open to enterprise and sources of wealth, not only to individuals, but the nation at large. Ireland may yet look up.
DIOCESE OF KILMORE. - On the 21st inst., the Right Rev. Dr. BROWNE administered the sacrament of confirmation to 330 children in Ballinagh chapel; the sensible answers which they gave to his lordship's questions elicited his marked approval of the painstaking instructions which they had received. After confirmation his lordship delivered a beautiful address on the nature and importance of the sacrament administered. In the afternoon the Very Rev. Archdeacon BRADY, P.P., gave an elegant banquet to his lordship and clergy of the surrounding neighbourhood, including Rev. Messrs. O'REILLY and CONATY, the distinguished conductors of Kilmore Academy, with a number of lay friends, amongst whom were Dr. O'REILLY of Ballinagh, and Doctor M'DERMOTT of Dublin, a literary friend on a visit at Archdeacon BRADY's. The guests were highly delighted with the polite attention which each received from the worthy and venerable host.
On Sunday, the 24th inst., the Right Rev. James BROWNE, D.D., Catholic Bishop of Kilmore, held an ordination in the chapel at this town. He was assisted on the occasion by Rev. John O'REILLY, President, K. A., Cavan, and Rev. N. CONATY, Chaplain to his lordship. The ceremony was a very solemn, grand, and imposing one. John BOYLAN and Terence CORCORAN were created deacons on the occasion.
On the next day (Monday), a large number of the clergy were in attendance, when Messrs. BOYLAN and CORCORAN were called to the priesthood. The ceremony upon this day, as on the former, was solemn and grand. Both the gentlemen, who on the former day received the orders of deacon, are now reverend gentlemen of the Church of Rome. From the commencement of the mass till the end, and during the entire ceremony a reverential and silent harmony pervaded the sacred edifice, which was filled with the religious many who witnessed with no little satisfaction the interesting ceremony. The solemn seriousness which marked the entire ordination was most touching when his lordship threw the sacradotal robbers over the young gentlemen who meekly and reverently received the divine mission to "preach" and "teach" to the salvation of souls.
One of the gentlemen ordained on this occasion is decidedly a very eloquent, clear, conclusive, and argumentative speaker. He will therefore be a very able preacher, and a great favourite with his hearers. He was called to the priesthood two years previous to completing his full time at College, such was the opinion held of him by his professors, which in itself speaks volumes for the piety, and missionary ability of the Rev. John BOYLAN.
DREADFUL EFFECTS OF RELIGIOUS ANIMOSITY. - On Wednesday last a fine young man, aged 21 years, named John WILSON, was brought to the County Infirmary here, with a dreadful wound, or ..... of five or six inches long across the forepart of the head. On examination, the skull was found fractured, and the fractured part depressed. He is going on as favourably as could be expected. The injury was inflicted by the blow of a spade. It appears that a man of the name of MURPHY had some disputation with the wounded man, Wilson, on religious subjects; this offended MURPHY so much that one of his sons challenged WILSON to a pugilistic encounter in the bog, and WILSON being likely to conquer the younger MURPHY, a brother ran up with the murderous weapon mentioned, a spade, and struck poor WILSON this dreadful blow over the head. - Armagh Guardian.
THE LATE ELOPEMENT. A great deal of excitement has prevailed in Plymouth in consequence of the elopement, with a Capt. Of the 35th Regiment, of the wife of a worthy baronet who has a seat near Ashborton (Ashberton?), and who has been staying at Plymouth for several months before the said event occurred. The officer alluded to is the son of another officer, who is one of the representatives of a neighbouring town; and the young man, who has thus broken the peace of one family, is said to have recently has faux pas with the wife of another gentleman resident in Plymouth, which led to the breaking up of that family, and the wife being sent home to her relatives. In the case of the baronet's wife, we hear that it is likely to lead to a divorce. Yet the officer to whom we allude is still received in "society," he having very quickly, in both cases, returned here from the scenes of his amours, leaving the ladies to get through their difficulties in the best way they could. - Plymouth Journal.
CAPTURE OF A RARE FISH. - A specimen of what is commonly called the "Angel" or Monk Fish - the Squalina Angelus" of Linnaeus - was this week caught between Sprun Point and Flamborough Head, and is now in the possession of Mr. J. YOUNG of this town. Its name is derived from the famed similarity of the head to a monks cowl, and of the pectoral fins to an eagel's (sic) wings. It differs from all the squall in its mouth being cleft at the end of the4 muzzle, and not underneath, its eyes being at the dorsal face, and not under the shlee(sic). Its teeth are sharp, forming three rows; the body broad and flatted horizontally'; and the skin rough, like a file. It is grey above, and white beneath, and attains to the length of eight feet. This specimen is 3 feet 1 inch in length, and 1 foot in breadth. It grovels in the sand and mud, feeding on rays, soles, &c., and will not hesitate to attack man. The young, on the approach of danger, are made to save themselves in the mouth of their mother. It chiefly inhabits the Mediterranean Sea, and is some times found on our coasts. - Bull Packet.
A most barbarous murder was committed on a man named Mend(?)Mead(?)(Menal(?), on the night of the 14inst. The deceased was a farmer living at Rathbara, in the county Meath, and had lately returned from America, where he was seeing a daughter of his. It appeared his wife and he lived on bad terms, he slept in a room by himself, and the morning after the murder his wife made an alarm, stating that he had cut his throat. On some of the neighbours coming in he was got on the bed, and his head nearly severed from his trunk. It was observed, however, that his head had been battered with some sharp implement, as there were five or six dreadful gashes on it. Mr. MARTIN, the county coroner, held an inquest on Sunday, and in the course of the inquiry a hatchet stained with blood was discovered, and also some of the wife's clothes which had been concealed were found covered with blood. Dr. BLAKE made a post mortem examination and stated that the wounds on his head were made previous to his throat being cut. We did not hear what verdict was returned, but his wife and son have been committed for the crime. We have since heard that the clothes belonging to the wretched woman and her son were found concealed in a field of flax, at the rere(sic) of the house, covered with the blood of their victim. Louth and Down Pilot.
NEW DISCOVERY AT NENEVEH. - The Asiatic Society has just received intelligence of the discovery, at Koyunjik, of an obelisk of white stone, nine feet two inches in height from the base to the summit, and six fee three inches square at the base - so that it is considerably larger than the Nimrud obelisk in the British Museum. The obelisk was found lying on its side in the centre of the mound, fifteen feet below the surface. It is quite perfect and unbroken; but unfortunately, the water has defaced some part of the bas-reliefs and inscriptions with which it is covered. There are eight bas-reliefs on each side, each of which is accompanied by an inscription. From a copy of a small part of the inscriptions which Colonel Rav..(?)(Rawlins)(?) has seen, he thinks the obelisk is likely to be one of Amour-Ashpal, the builder of the North-West palace of Nineveh.
DUBLIN UNIVERSITY INSTITUTION.
THE Principal is attended by Pupils reading, separately and in classes the Entrance of other University, Military, and Commercial Courses. Junior Pupils are received by the quarter only.
The Principal, Mr. DUNBAR (who obtained, in due course, a high Classical Sizarship(sic), Queen's Scholarship, University Scholarship, &c., personally conducts the education of each pupil, and as his number is limited, system free from the objections made against that in schools, comprises all the advantages presented by first-class Academies, and by Private Tuition. This Institution is now first in Ireland.
As an encouragement to proficiency, there are open for competition to all Pupils three Exhibitions, of the annual value ?15 each; established for the benefit solely of the Institution and unconnected with those of any other private or public educational establishments.
Already one hundred and seventeen Pupils, prepared exclusively by Mr. DUNBAR, have passed with Honours in their different Colleges and Universities. Many obtained the highest honours in the University of Dublin. Among the distinctions of the last few years gained by pupils will be found Sizarships - Scholarships - Exhibitions - Honours of the First and Second Rank at the Term Examinations - Vice-Chancellors Prizes - High Places (from First to Tenth) at public Entrances - Premiums for Composition, &c.
Only Six Boarders are received. The references, of the highest order, include those Fellows and ex-Fellows of Trinity College, Dublin, whose sons and nephews have been, or continue to be, pupils.
Detailed Prospectuses may be had on application.
Dublin University Institution,
10, Talbot Place.
ROYAL SCHOOL, CAVAN.
REV. WM. PRIOR MOORE, A.M., Head Master,
H.C. MURPHY, Esq., S.T.C.D., Second Master.
VACATION WILL TERMINATE on the 2nd AUGUST, and business be resumed on the 3rd.
July 25th, 1853.
Old regular line of Packets
To Sail on the of August, 1853. (transcriber's note: that's what it says.)
The Favourite Fast-sailing Copper-fastened Clipper Ship,
This elegant British built very fast-sailing first-class Packet Ship is now on the berth, and offers to Emigrants about proceeding to Upper Canada and the Western Parts of the States a very superior conveyance. The complete line of water communication now established from Quebec along the St. Lawrence and the Canadian Lakes for 1,600 miles, affords the most convenient and by far the cheapest route to families with limited means proceeding to the Western States: -- Wisconsin, Indiana, Ohio, &c., besides they are not subjected to the restrictions now imposed on parties arriving in New York, nor liable to the heavy expenses of transporting themselves and luggage from that port by railroad, or other expensive land conveyance. The demand for labour in Canada is immense, and every man sure this season of employment the moment he lands in the country.
Each Passenger will be supplied with 2 ½ lbs. of Biscuit, 1 lb. of Wheaten Flour, 5 lbs. of Oatmeal, 2 lbs. of rice, 2 oz. Tea, ¼ lb. Sugar, and 21 quarts of Water weekly, with a supply of Fuel, and Medicines free of expense.
Captain SEEDS has earned a high character during the many years he has been in the trade for skill as a seaman, as well as kindness and attention to his passengers.
Those Packets afford all the advantages of direct embarkation, particularly to respectable parties who have much extra luggage, any quantity of which will be taken without Any Charge, besides avoiding the wear and tear, expense, &c., of transshipment. Parties in the Country can secure their berths by remitting ?1, and the remainder need not be paid till their arrival at the Ship. For all further information apply to
22 Eden-quay, Dublin.
County Cavan Newspaper Transcription Project
IMPORTANT NOTICE: All rights to the pages found within this site are retained by the original submitter of the information. Pages may be printed or copied for personal use only. They may NOT be reproduced in any form in whole or in part by any individual or organization for profit.