Published in Cavan, county Cavan
June 2, 1853
COOTEHILL PETTY SESSIONS.
SATURDAY, 21ST MAY.
Justices presiding -- S. R. MOOREHEAD, Esq., chairman; John BEARES, Esq., R.M. ; C.J. ADAMS, Esq., Edgar R. BREDIN, Esq., and Eyre COOTE, Esq.
The Constabulary v. John WILLDRIGE of Cootehill.
The defendant was charged with having had his ass wandering on the public road. This case had been adjourned from the last to the present petty sessions. In consequence of the defendant having stated that his ass had been in his field, convenient to the town, the gate of which was securely locked on the day on which it was stated to have been found wandering on the road, and that he was informed that Edward REILLY, produced by the constabulary, and who swore that he, on that day, found the ass wandering as aforesaid, took or stole the lock off the gate and so permitted his ass to get out, for the purpose of having him fined, as he received a portion of the costs or some emolument for each conviction which was procured through his instrumentality, he being what is termed a common informer, and that if the Bench would adjourn the case until this day he would be able to procure evidence to prove that fact.
Mr. John DUDGEON, attorney for defendant, then called and examined several witnesses, whose evidence merely amounted to this -- that Edward REILLY, the approver, informed them that RUDDEN and CARRAHER, two notorious lads, aged 12 and 13 years respectively, reputed pick-pockets, who reside in the same domicile with him, had stolen the lock off the gate, in reply to which Edward REILLY stated that all he said to the witness was -- that he heard that it was Rudden and Carraher that took the lock of the gate.
Mr. Dudgeon contended that, under the circumstances of the case, the Bench should not convict his client as the natural inference to be drawn from the witnesses was, that if Reilly did not himself actually take the lock of the gate it was done at his instance or privity, and, therefore, the Bench ought, in his opinion, to be slow in acting upon his evidence, particularly as it had discarded it on a recent occasion, when he swore to the breaking of the Wesleyan Methodist Meeting-house windows, by a number of little boys, to procure a reward of 5£., offered by the Government for the prosecution of the perpetrators thereof ; and, in addition, he was in a position to produce most respectable witnesses who would swear that he was of so disreputable a character as that his evidence should not be believed in a court of justice.
The magistrates (Messrs. Moorehead and Veares -- the others mentioned not having then arrived -- decided upon convicting, and fined the defendant in the sum of two shillings and costs.
On the 26th inst., in the chapel of Killeshandra, by the Rev. M. M'Quaid, P.P., cousin to the bride, Farrell Donegan, Esq., of Killinick, co. Fermanagh, grand nephew to the late Doctor O'Reilly, Bishop of the Diocese of Kilmore to Maria, eldest daughter of Mr. Thomas M'Cabe, Merchant, Killeshandra.
At Clones, on the 20th of May, by the Rev. Wm. White, Mr. James Syme, to Mary Jane, second daughter of Alexander Moutray, Esq., Ballnonoggart(?) co. Tyrone.
INCUMBERED ESTATES COURT
In the Matter of the
ESTATE OF BELINDA LEVINGSTON(sic),
Wife of HERTFORD LEVINGSON(SIC),
MARIA LAMBERT BURROWES, Petitioner.
The Commissioners will on Thursday, 30th of JUNE, 1853, at their Court, 14, Henrietta-street, Dublin, set up and
SELL BY AUCTION, THE TOWNLOAND OF KILLYFANNA.
Situate in the Parish of Anna, Barony of Tulleygarvey, and
COUNTY OF CAVAN.
Held under a Lease for Lives renewable for ever, dated the 24th day of September, 1719, containing according to a late survey, made by order of the Commissioners, 323 a. Ir. 22p. statute measure, producing a Rental of £278 6s... 1d., present currency, with a renewal fine of half-a-year's rent on the fall of each life, and to a Tithe Rent-charge of £5 0s. 11d. per annum, leaving a Net Profit rent of £248 8s. 3d. per annum.
The Ordnance Valuation is £195 16s. 0d.
The Poor Law Valuation is £198 10s. 0d.
Dated this 16th day of April, 1853.
HENRY CAREY, Secretary.
HENRY S. MECREDY & COMPANY, Solicitors.
This property is situate a mile-and-a-half from the Village and Post Town of Redhills, three miles from Belturbet, six from Clones, and eight from Cavan, and immediately adjoins the County Fermanagh.
The Land is of excellent quality, mostly excellent heavy clay, and gives superior wheat crops.
The Tenants are respectable and industrious.
There is excellent shooting on this property and in the neighbourhood. The Lakes which join the property abound in the season with Duck, Teal, Snipe, &c. They also afford excellent Trout and Pike fishing. The neighbourhood is most peaceable.
Rentals and every other information can be obtained (gratis) from the Commissioners Court, 14, Henrietta-street, Dublin;
Messrs. HENRY SANDYS MECREDY & CO.
Solicitors having the conduct of the Sale, 38, Summer-hill, Dublin;
JOHN JULIAN, Esq., Solicitor for Owner, 8, Lower Merrion-street, Dublin;
WILLIAM PARKER, Esq., Solicitor, 28, Summer-hill, Dublin;
THOMAS JOHNSTON, Esq., the Receiver, Redhills, Cavan; and at the Hotels in Clones, Cavan, and Belturbet.
COURT OF CAVAN.
IN THE COURT OF THE COMMISSIONERS
FOR THE SALE OF INCUMBERED ESTATES
SALE on the 24th day of JUNE, 1853.
ESTATE OF JOHN BAKER, or WILLIAM ALEXANDER NOBLE, Esq., trustee,
MARY NEILSON PYNER, and Others,
The Commissioners will, on the 24th day of June, 1853, at Noon, at their Court-house, No. 14, Henrietta-street, Dublin,
SELL BY AUCTION,
the following Lands, held in fee, and fee farms, situate in the Barony of Loughtee, and County of Cavan.
LOT No. 1
The lands of PORTACLOGHAN, containing 123 a., 2R., 37P., including 11a, 1R, 18P of water; statute measure, held in fee-simple, situate in the Parish of Drumlane, Barony of Lower Loughtee, Poor Law Electoral Division of Cavan, and County of Cavan, producing a yearly rent of £123 11s. 3d., subject to the yearly rent-charge of 17s. 9 1/4d., and £1 5s. 10 1/2d., quit rent, yearly. This lot is subjected to £97 6s.. 1d., a-year, during the life of a lady aged about 67 years.
LOT NO. 2
Part of the Lands of DRUMCALPIN, containing 24a. 1R... 7P., statute measure, with their Dwelling-house Offices, and Mill thereon, situate in the Parish of Anna, producing a yearly rent of £45, held under a fee farm grant, but indemnified from rent by other parts of the lands, by a deed of the 15th of October, 1798. this Lot is indemnified against a Life Annuity of £92 6s. 1d., by Lot 1.
LOT No. 3
Part of the Bog of CRAHARD, in the Parish of Anna containing 1A. 2R. 19r., of which the poor Law valuation is £1 10S.
Also part of the Bog of AUGHNAGUIG, in the same Parish, also containing 1A., 2R., 19P., of the yearly value of £1.2.
part of the Bog of DRUMSILOUGH, in the parish of Castleterra, containing 3A. 0R. 38P., has been valued at £12. The three several Lots of Bog are in like manner indemnified against rent.
The Mill of Drumcalpin, could, with little expense, be made double its present value, and the whole is worth attention, being situate about two miles from Belturbet, one from Butler'sbridge, and three from the town of Cavan, excellent Market and Post towns.
Dated this 21st day of May, 1853.
HENRY CAREY, Secretary
For Rentals, Maps, and other particulars, apply at the Office of the Commissioners, 14 Henrietta-street, Dublin; or to JAMES COWLEY, Solicitor having the carriage of the Sale, 24, Temple-street Dublin; and JOHN COLLUM, Solicitor, No. 70, Talbot-street, Dublin.
June 9, 1853
Spirit of the Journals.
(From the Dundalk Democrat).
THE PRISONER IN CAVAN GAOL.
About ten months since there was an election struggle in the county Clare, and while a number of liberal voters were being conveyed to a polling booth to vote contrary to their wishes, six or seven persons were shot by some soldiers of the 31st regiment. Loud was the indignation from one end of Ireland to the other at the conduct of the military, and the national press called the affair a bloody tragedy. An inquiry was instituted before a coroner into the cause of the death of the victims, and a jury, sworn to find a verdict according to the evidence, found a verdict of wilful murder against certain parties engaged in the affray at Six-mile-bridge. But the spring assizes came and the relatives of the slaughtered found that the law or the law officers were powerless in their efforts to inflict punishment on those the coroner's jury had pronounced guilty. All the actors in the bloody drama walk abroad. They have endured no punishment, suffered no penalty for their conduct.
We are not going to make any remarks on this part of the transaction, because we cannot see that our doing so would be productive of good. We allude to the affair and its results merely for the purpose of stating that there is but one victim suffering in connexion with the Six-mile-bridge tragedy ; and, strange to say, he is an inhabitant of Cavan, and at present a prisoner in Cavan gaol. Mr. Zachariah WALLACE is the proprietor of the Anglo-Celt newspaper, and in a short article he commented on the conduct of the military, and called them murderers, and accused them of cowardice. He was not present at the affray; he neither threw stones at the military, nor excited the people to rescue the voters. his only offence was, that, in an unguarded moment, he called the soldiers murderers and accused them of cowardice. But although he retracted these charges, and apologised to the military officers when he found himself in error, the law officers pursued him till they had him convicted and consigned to the care of the governor of Cavan gaol.
We confess we cannot understand what service the government have rendered to "law and order" buy hunting down Mr. Wallace in this manner. He committed no heinous crime ; and, for what he was guilty of, he, in a manly manner, made all the atonement it was in his power to make. Certainly the government would have done as much good to society by forgiving after they had convicted ; and we hope they will now see the necessity of restoring Mr. Wallace to liberty. If they do not we trust the people of Cavan will ask them to liberate him. Mr. Wallace's health is sinking under confinement. The anxieties and cares brought on by his trial have undermined his constitution, and to continue him in prison for some months more would likely lead to his death. The people of Cavan should address the executive on the subject, and request to have their local journalist relieved from the horrors of a prison.
June 23, 1853
RAILWAY TO CLONES.
A meeting was held in the Court-house of Cavan on the 20th instant, according to advertisement, for the purpose of inducing the gentry and merchants of this town and neighbourhood to lend a hand in carrying out the useful project of making a line of Railway from this town to Clones. The Railway from Armagh to Clones is in progress. The line from Mullingar to Cavan will be in progress immediately. It must be apparent to every one that the gap between these two important lines must be filled up. To effect this object, the above meeting was called, and though the notice was necessarily very short, yet we are happy to find the meeting was so well and so respectably attended. The chair was taken at one o'clock by Theophilus THOMPSON, Esq., J.P., who made a few prefatory remarks, and then Mr. ANKETELL and two or three other gentlemen who attended as a deputation from Monaghan and Belfast, addressed the chair, and explained the object of their visit. The most perfect unanimity prevailed ; every one seemed of opinion that a railway connecting the two lines should be made ; one or two gentlemen however, were of opinion that the line should keep to the East, and pass through Cootehill to Ballybay, rather than Clones. This, however, would involve an outlay of double what would be required to connect us with Clones.
The line to Clones, if properly laid down, is only 1000 1/2 or 11 Irish miles, and a perfect level -- only two trifling streams to be crossed. It could be finished for less than eighty thousand pounds. When completed it will be amalgamated with the Armagh and Clones Railway conferring upon the shareholders all the advantages to be derived from a union with that important time. It will form part and portion of the long projected grand central trunk line of Ireland extending from Clones to Limerick, with a branch to Galway, and will also connect us with Derry by Enniskillen, and must eventually prove a very profitable investment.
One third of the shares necessary for conveying out this project have been already subscribed for in Belfast ; the Ulster line have taken a large number ; in Armagh the names of most of the principal monied men are connected with it, and we are happy to say the deputation have been very successful in Cavan also. We believe upwards of a hundred shares have already been subscribed for, and we have no doubt that other parties will yet come forward and remove the reproach which rests upon this county of being the only county in Ireland indifferent to the advancement of railways.
We may here suggest the propriety of a branch line to Belturbet.
On the 13th inst., at Bellarena, county of Londonderry, the wife of Sir. F. William HEYGATE, Bart., of a daughter.
On the 15th inst., at Lower Fitzwilliam-street, Dublin, the lady of Henry George HUGHES, Esq., Q.C., of a daughter.
June 17, at 13, Cavendish Square, London, the Viscountess Mandeville, of a son and heir.
June 13, at Carrie-on suir, Charles B. DOREN, Esq., of the Northern Whig, Belfast, to Mary, third daughter of the late J. LENIHAN, Esq., of Waterford.
June 21, in St. Thomas's Church, by the Provost of Trinity College, Henry R. CROFTON, Esq.., of Crofton Park, Ballina, county of Mayo, to Kate, eldest daughter of the late Thomas FENTON, Esq., of Castletown, county of Sligo, and Chief Examiner of the Court of Chancery.
June 21, at Killester House, county Dublin, Eliza Emily, youngest daughter of Commissary-General DESCOMBE(?) DESOOMBE?.
May 21, at Jamaica, in the 44th year of his age, Francis Gerard MAYNE, Esq., brother of the late William MAYNE, of Freamemount?(Freanemount?), in the county of Monaghan, Esq.
December 30, at Auckland, New Zealand, in the 24th year of his age, Sedborough MAYNE, Esq., Ensign in H.M. 56th(?) regiment, second son of the Rev. Edward MAYNE, of Lakeview, in the county of Monaghan.
CAVAN SUMMER SESSIONS -- JUNE 20.
These sessions commenced to-day before P. M. Murphy, Esq., Q.C.
At 10 o'clock his worship took his seat on the bench, and was shortly afterwards joined by the following magistrates: -- John E. VERNAN, Esq. ; John GUMLEY, Esq.; R. ERSKINE, Esq. ; M. PHILLIPS, Esq. ; T. THOMPSON, Esq.; W. SMITH, Esq. ; N. KELLY, Esq., R.M. ; _________ Dobbin, Esq., R.M.
The clerk of the peace then called the grand jury and the following gentlemen answered their names: -- Thomas HARTLEY, Esq. foreman ; E. KENNEDY, Esq., P. FAY, Esq. ; W. M. BLACK, Esq. ; M. LOUGH, Esq. ; A. KILROY, Esq. ; L. KENNEDY, Esq. ; P. BRADY, Esq. ; J. BRADY, Esq. ; F. M'CABE, Esq. ; J. LOVE, Esq. ; J. KILROY, Esq. ; Thomas MALCOLMSON, Esq. ; H. PORTER, Esq. ; J. MORROW, Esq. ; John BEATTY, Esq. ; and James KELLY, Esq.
His Worship then addressed the grand jury: -- Mr. Foreman and gentlemen of the grand jury, I have no remarks to make to you on any case that may come before you to-day with the exception of one, and that is a prisoner named Alice REILLY, in which there is a peculiarity. At a former sessions she was tried and found guilty of felony. At that time she gave her name as Sarah PRIOR, so you will be particular about her, and any information you may require, Mr. GALLOGLY will satisfy you with it. You may now retire to your room and the bills will be sent up to you.
The jury having been sworn,
Mr. Arthur ELLIS was called and put on his trial for committing an assault on John NULTY.
Mr. Ellis occupied a seat beside his attorney.
Mr. SWANZY appeared for the prosecution with B. ARMSTRONG, crown prosecutor.
Mr. Swanzy applied to the court for a postponement of the case until next sessions, as there was an action pending and would be tried at the next assizes.
His Worship asked Mr. James ARMSTRONG if he had any objection to Mr. Swanzy's application.
Mr. Armstrong said he had not.
Mr. Ellis then left the court.
Mathew MULVEY, a lad about 17 years of age, was then put forward, charged with the robbery of six geese, the property of James BENNISON, Esq., of Ballyconnell.
Head constable John ALLEN sworn and examined by Mr. B. Armstrong -- Recollects the 8th of February last ; heard of geese having been stolen from Mr. Bennison ; a man called Dan REILLY came with me to a woman's house called FINLAY ; we found there the bodies of two geese stewing in a pot ; we went then to Mr. LATIMER's house and found there the head of a goose and two feet ; Reilly said that that was the head of one of the geese that was stolen from Mr. Bennison ; it was a Poland goose's head ; I know nothing more of the case.
Mary FINLAY sworn and examined by Mr. B. Armstrong -- Lives in Ballyconnell ; knows the last witness ; he came to my house in February last ; he got two geese stewing on the fire ; I told him I bought the geese from a boy ; the prisoner in the deck is the boy I bought the geese from ; I bought three geese from him ; I sent out one of them with a little girl to sell ; she sold it to Mr. LATIMER ; the girl's name is Anne REILLY.
Court -- What did you give for the four geese?
Witness - I gave 3s. 9d. for then, and I got 1s. 2d. for the one I sold ; the prisoner told me his name was MAGUIRE ; I heard after that Mr. Bennison lost some geese.
Court -- Was it in the day light or at night you bought the geese?
Witness -- It was in the day light. Prisoner -- She never asked me my name, nor did I tell her may name was Maguire.
Anne Reilly sworn - Knows the last witness ; she is my mistress ; recollects a boy to bring in geese to my mistress's house to sell ; I do not know the boy ; my mistress sent me out with one of the geese to sell ; I sold her to Mr. Latimer for 1s. 2d.
J. Latimer sworn -- I live in Ballyconnell ; I remember buying a goose from the last witness ; it was on Tuesday I bought the goose ; Head Constable ALLEN came to my house ; he found the feet of the goose in the house ; Mrs. Latimer told me not to buy the goose ; I would not have bought it were it not for the girl telling me that the goose belonged to her mother ; I knew her father and mother to be honest people ; if I knew the goose belonged to her mistress I would not have bought her.
Court -- Bring back the last witness.
When the last witness came back, his worship asked her why she said, the goose belonged to her mother?
Witness -- My mistress told me to say so.
Court -- Call Mrs. Finlay.
On Mrs. Finlay being asked why she told the girl to say the goose belonged to her mother, she said she didn't recollect having done so -- she only told her to sell the goose -- and she would not have sold her, were it not for Ash Wednesday being the next day.
Daniel REILLY examined by Mr. B. Armstrong -- I am in the employment of Mr. Benison(sic) ; there were six geese stolen from my master in February last, the geese were on the lands of Carinmore ; I went with Head-constable Allen to Finlay's house, and found two geese stewing on the fire ; we went then to Mr. Latimer's and found the feet and head of a goose in the house ; I knew the feet and head of the goose found to belong to Mr. Benison, as I had a mark on the feet -- there was a large lump on the head -- and there was a hole on the web -- and another web was split ; I do not know the prisoner.
The case here closed, and his worship explained the case to the jury, and after a short time they returned a verdict of not guilty.
Patrick Fitzsimons was put forward, charged with having unlicensed arms in his possession.
The prisoner said the gun did not belong to him, but to his son-in-law that went to America.
Sub-inspector M'KINSTRY was called upon to give the prisoner a character. Mr. M'Kinstry said when he went with one of the police in search of arms he found a gun in the prisoner's house ;; the prisoner did not deny the gun but gave it up at once, and he believed the prisoner had no bad intent in keeping the gun, and that the prisoner bore a very good character in the country.
Court -- Let the prisoner plead guilty ; I do not think it necessary to press a prosecution as Mr. M'Kinstry gives him a good character.
The prisoner having pleaded guilty, his Worship ordered him to be discharged, at the same time warned him strongly to take care not to keep unregistered arms in his house for the future.
Edward Fitzsimons of Loughallen, in the parish of Castlerahan, was charge by Sub-constable DOWLING, with having in his possession in January last a lock, stock, and barrel of a gun unregistered, the district being proclaimed.
Sub-constable Dowling examined by Mr. B. Armstrong -- I am stationed in the town of Ballyjamesduff ; I went to the prisoner's house in January last ; the prisoner was not in the house when I went there ; I made a search for arms ; I found a gun tied up to the roof of the house ; it was concealed ; I could not see it for some time ; I afterwards found the stock and lock of a gun beside the dresser ; the prisoner came in ; I asked him where was the barrel belonging to the stock ; he said he had none ; I made a further search and found the barrel on the top of the dresses ; when I found it I told him he told me an untruth.
Mr. M'Kinstry examined by Mr. B. Armstrong -- I am Sub-inspector ; is stationed in the town of Ballyjamesduff ; I went with the sub-constable in search of unregistered arms ; I was not at the prisoner's house when the arms were found, I went up to another house in search of more ; the barony is proclaimed, and the proclamation was posted through the parish ; I know nothing of the prisoner's character whatever.
The prisoner called upon Mr. Hugh PORTER of Ballyjamesduff to give him a character.
Mr. Porter said he knew the prisoner since he was a boy, and during that time he bore a good character.
The case here closed, and the jury without leaving the box found the prisoner guilty.
His Worship, in passing sentence on the prisoner, sad, you are not an ignorant man, and were it not for the character Mr. Porter has given you, your sentence would be much severer, as the practice of keeping unregistered arms must be put down in the county ; so the sentence of the court is, that you be imprisoned for two months, and kept to hard labour.
Henry Water was charged with having in his possession on the 27th of March last, near Ballyhaise, a gun unregistered.
Constable MORRISON examined -- I am Stationed in Ballyhaise ; recollects the 27th of March last ; was walking along the road, and I saw the prisoner in the field with a gun in his hand ; it was on Sunday ; I went forward and took the gun from him ; he told me he had a license for keeping it in the house ; I went to the house with him, he told me he lost the license.
Court -- Who did you get the license from.
Prisoner -- From Captain Battersby, about 5 years ago.
The prisoner called upon Mr. TOPHAM to certify that he had license for the gun.
Mr. Topham said he had license to carry arms, and he remembered comparing his license with the prisoner's.
His Worship said the crown could not press the case, as it was quite clear that the prisoner had license but lost them.
The prisoner was then ordered to be discharged.
Mathew Mulvey, Patt Mulvey, and Patt Ward were put forward, charged with stealing a cow, the property of Peter DOLAN, of Eagle Hill, on the 20th of May last.
Peter Dolan sworn and examined by Mr. Benjamin ARMSTRONG -- I live at Eagle Hill ; there was a cow stolen from me on the 20th of May last ; I saw the cow on the 3rd day after she was stolen in Ballinamore ; the police had her in custody ; I heard it was a man named Francis Mealy that gave her up to the police ; when I went to Ballinamore I met a policeman named Mathew CUNNINGHAM who told me he had the cow.
Mathew CUNNINGHAM sworn -- I am a sub-constable, and stationed in Ballinamore ; remembers the 20th of May last ; on that morning I met Francis MEALY with a cow, and the smallest of the prisoners along with him ; Mealy told me that he believed the cow was stolen ; I got an information about WARD ; I went and arrested him ; he was at MULVEY's house at the time I arrested him.
Francis MEALY sworn -- I am watchman on the Canal, in the county of Leitrim ; I recollect the 20th of May last ; I was returning home that morning off my watch ; when I came up to the cross-roads a cow dashed up and turned the corner ; the youngest of the prisoners was driving the cow ; I asked him where he was going with her ; he said he was going to the fair of Drumana ; I suspected the cow was stolen ; I asked him what would he take for her ; he said 7 1/2 s. I brought him to my place until I could change my night clothes ; I heard a rushing through the bushes ; I ran out and saw the prisoner running across the field ; I ran after him, and caught him by the back of the neck ; I told him then I would bring him and the cow to the police barrack ; I did so.
Patt PRIOR sworn and examined -- I live in the townland of Grelagh ; I recollect the morning the cow was stolen ; I was up early that morning ; I was coming from the Ballyconnell Mills with a load of meal ; I know the townland called Stradermott ; I met two men and a chap on the road ; the three men in the dock are the three I met ; the chap was at the cow's tail ; one of them was before the cow about two perches ; the prisoner Ward was about ten perches behind the cow ; I saw them all speaking together after I suspected the cow was stolen ; I asked the young chap where he was going with the cow ; he said he was going to the fair of Arvagh ; I said there was no fair in Arvagh on that day ; it was then prisoner Ward that was before the cow ; I told young MULVEY the cow was stolen ; the man that was along with me told me to mind my own business, what was it to me whether or not ; I saw the cow afterwards in Ballinamore ; I am quite sure the cow I saw that morning was the same I saw with the police in Ballinamore.
Cross-examined by Mr. S. N. KNIPE -- Was up early that morning ; was coming from Ballyconnell Mills with meal ; it was at Stradermott I saw the prisoner Ward ; he was about 10 perch behind the cow when I saw him ; was not so far myself from the cow at the time ; will not swear that it was bidding(sic) the time of day Ward was when he was speaking to the Mulveys ; I saw a bundle with Ward ; Ward did not say he was coming home from Scotland ; knows Ward by eye-sight.
Court -- Did you know the Mulveys before?
Witness -- I did. Cross-examination continued -- I knew the cow when I saw her again ; she was a remarkable cow ; she lost a piece of her tail ; she was a mottled grey cow.
Mr. Knipe -- How many horns had she ?
Witness -- Did you ever see a cow with three horns? (laughter).
Nicholas KELLY, Esq., R.M., examined by Mr. B. Armstrong -- I am a resident magistrate and stationer at Ballinsmore (Ballinamore?) ; the informations were read to the prisoners in the usual form.
The case having closed, the youngest Mulvey asked liberty of the court to allow him to saw a word or two. The Court having granted the request, he said it was his father that told him to drive the cow, and that Ward was to sell her.
His Worship charged the jury, and after a short time they returned a verdict of guilty against the three prisoners.
The prisoners were sentenced to ten years transportation each.
Thomas Seery was put forward, charged with having, on the 30th of March last, passed a base sovereign on Mrs. Maria MAGENNIS of Belturbet.
Maria Magennis sworn and examined by Mr. B. Armstrong -- I live in the town of Belturbet ; recollects the 30th of March ; it was Wednesday the prisoner came into our shop, and purchased goods to the amount of 15s. ; he gave me a sovereign and I gave him back the change ; I looked at the sovereign and asked him if it was a good one ; he said it was, and if not, she knew him, and that he would be in the next day ; I rolled it up in a piece of paper and put in the till, and locked it up in the evening ; I shewed it to Mr. Magennis ; he said it was not good ; he said he would shew it to Mr. THOMPSON, Manager of the Ulster Bank when he would be in the next day ; he did so, and Mr. Thompson said it was a base sovereign.
Cross-examined by Mr. KNIPE -- I saw the prisoner in the shop before the day he gave me the bad sovereign ; I know him, but did not know where he lived ; he came back to the shop the next day ; I did not say a word to him about the sovereign ; when my husband found out the sovereign was bad he sent for SEERY ; he did not come the day he was sent for, but did the day after, he said when he came if I would make an affidavit that that was the sovereign he gave me he would give a pound in place of it ; I said I would not make an affidavit, but would give him more trouble than that ' I had no other sovereign in the house but itself ; I papered it up when I got it, and put it in the drawer ; the drawer was locked ; no one had recourse to it but myself and my husband.
Mr. James MAGENNIS husband to the last witness examined by Mr. B. Armstrong -- I keep a shop in the town of Belturbet ; I remember getting a bad sovereign from my wife ; when I saw it I thought it was a bad one ; I left it by in the drawer until I shewed it to Mr. Thompson ; when he saw it he said it was bad ; I put a mark on it ; I cannot saw which is the mark I put on it now ; the Head-constable put several crosses since, so I cannot identify the mark I put on it now ; I am quite sure no person had recourse to the drawer where the sovereign was but Mr. Magennis ; there is but two keys for the drawer ; my wife keeps one key and I keep the other ; the shopboys have no recourse to the drawer that the sovereign was in.
Mr. Knipe cross-examined the witness, but his testimony was same as before.
Head-constable HARRINGTON was also examined on the part of the prosecution, but his testimony only went so far as to certify that he received the base coin from Mr. Magennis.
Mr. Knipe then addressed the jury on behalf of the prisoner, and after a short deliberation the jury returned a verdict of not guilty.
Mary MURRAY was put forward, charged with picking the pocket of a girl named Eliza NIXON, in the town of Blacklion, on the 23rd of May last.
The prisoner was found guilty, and sentenced to two months' hard labour.
Thomas CASSIDY was found guilty of the robbery of a quilt from Mr. Hugh SMITH, of Ballinagh.
Sentenced to one month's imprisonment and kept to hard labour.
Catherine M'GAURAN was charged, and found guilty of the robbery of a shawl from Mr. O'NEILL of Killeshandra. The prisoner was sentenced to one month's imprisonment.
Anne MAGUIRE was found guilty of stealing a quantity of tea from the shop of Alexander LAING, Esq., of Belturbet. The prisoner was sentenced to three months' hard labour.
We are, however, reluctantly obliged to hold over the remainder of the trials at these sessions till next week.
June 30, 1853
CAVAN QUARTER SESSIONS.
WEDNESDAY, JUNE 22.
The Crown at the prosecution of Francis MULLAVEY .... Richard BREWSTER and Robert PATTERSON, for an aggravated assault on him, on the 28th of March last.
Francis MULLAVEY to the Crown-solicitor -- I was in the fair of Killeshandra on the 29th of March last ; I was going home between seven and half-past seven o'clock with some of my friends ; I came up to a man, he was wrangling with some girls ; I said to him it was ashame(sic) for a boy to be squabbling with women ; he struck me, and I fell over in the bushes ; I went back about a perch or two ; one of the men held my arms, till Patterson stabbed me here (pointing to his neck) ; it was not dark ; it was Patterson stabbed me ; I can't say anything about Brewster ; I did not know any of them but Patterson ; I got three stabs. Patterson gave me all the stabs.
To the Court -- I thought it was like the butt end of a loaded whip he stabbed me ; it was white like the butt of a whip or a knife ; I can't swear it was a whip he had in his hand ; it was round ; it was that length (showing on his finger the length) ; it bled much, the doctor dressed my wounds ; I couldn't say what length the wounds were ; the colour of the instrument was like the butt of a loaded whip, this is what I swear.
To the Crown-Solicitor -- I never had a quarrel with these people before this time (Easter Monday) he was quite sober at the time ; I was ill for about a month ; there was some quarrelling on the road before I came up, one of the women who were there is here, Catherine JOHNSTON ; three persons attacked me ; I got three stabs about the neck ; Patterson had a white jacket and cap on him.
Cross-examined by Mr. J. ARMSTRONG -- I was in the fair ; I drank only two half glasses of punch ; I had no business to the fair only what any other youngster had ; I went for diversion.
(Mr. Armstrong examined witness at great length and with great ability, but could not strike his direct testimony ; Brewster he did not know at all, but Patterson he knew before when he was at Ardlogher mills and at Mr. KLEPPERS.)
Catherine Johnston (the girl alluded to by last witness) to Mr. KNIPE -- I recollect the 28th of March last ; Brewster was going home on his master's house ; some men shouted after him that he ought to go easy ; he stopped the horse, came back and asked who shouted after him ; he then lit off his horse and they commenced a row ; I took hold of the horse ; Patterson took the horse from me ; I saw Brewster strike Mullavey first with a whip ; I told Patterson that Brewster was fighting ; he then went up to where they were ; I again took the horse ; Patterson when he came back he had no cap on him ; he was tossed looking ; he got on Mr. ALLENs horse and rode off towards Killeshandra ; he wore a white jacket.
K To the Court -- I did not swear against Brewster at the petty sessions the first time ; it was not required of me ; that is the reason I did not swear against him ; I shewed him, and said he was as bad as Patterson in the fight. Mr. J. Armstrong cross-examined her at great length, but could not shake her direct testimony.
Court -- Call back Mullavey.
Court to Mullavey -- Did you see anything done by this girl at the petty sessions with respect to Brewster?
Mullavey -- I did. When he came up she went over and said that he was the man that struck me.
Patrick Mullavey to the Crown-Solicitor -- I was at the petty sessions ; Patterson was in custody ; when Brewster came up and spoke, I said that he was partly concerned, and when he came forward Mr. THORNTON allowed him to be summoned (some remarks were made as to the conduct of head-Constable HUNTER and Sergeant SHEEHY.)
Cross-examined by Mr. John Armstrong -- I am uncle of Francis Mullavey ; I was on the rode that night ; it was one of the boys at the canal who told me that it was Brewster struck first ; Mr. Thornton ordered me to summons Brewster ;he (F. Mullavey) was not able to attend the petty sessions which was the cause of delaying, Brewster being brought to the petty sessions.
Dr. KENNY to the Crown -- I live at Killeshandra ; I dressed Mullavey's wounds on the night of the 28th March last ; he further stated that he had three wounds about his neck, one of the three entered the right ear and passed out behind it ; it was about an inch deep ; this wound was a dangerous one ; he had him removed to a lodging-house and could not pronounce his life out of danger for four or five days after he first came to him ; he gave a certificate to the magistrate to that effect ; he heard nothing directly or indirectly said about Brewster to his knowledge at the petty sessions on the first day.
Mr. J. Armstrong cross-examined him, but could illicit nothing contrary to what he gave in his direct testimony.
Terence BRADY deposed that he was at the petty sessions when Brewster offered himself as a witness ; that the girl (Johnston) stated to the bench that he was one of the party ; heard Mr. Thornton give directions to have him summoned ; he (Brady) came up when they were fighting on the road ; saw Brewster with his arms round Mullavey, and a man with a white jacket doing something at his neck.
Rev. Mr. ALLEN (with whom both the men charged lived -- Brewster for nine years, and Patterson not two -- Patterson in the capacity of a kitchen boy) -- He was at the petty sessions ; heard nothing about Brewster ; offered him as an evidence to Mr. Thornton ; but he was not heard ; Mr. Thornton said they would not deal summarily with the case ;he gave both excellent characters.
Michael GANNON was then produced, but proved that when he was on the road on the night in question he saw no quarrelling ; a threat was given to him through his daughter, but was not influenced in what he swore by that threat.
The Rev. Mr. SWEENY Presbyterian Clergyman, gave a good character to Brewster and Patterson, both of whom he considered peaceable and well disposed men ; they bore that character among his servants.
The defence closed here.
The Assistant Barrister then charged the jury, and dwell for a considerable time on the direct and uncollusive character of the evidence produced by the Crown, the aggravated nature of the attack made on Mullavey whilst he was held by two others, and concluded by telling the jury that it was a question of identity for them.
The jury retired, and shortly afterwards returned into court, after finding a verdict of guilty against the prisoners.
CORONER'S INQUEST. -- An inquest was held on Saturday by Dr. KIRWAN, one of the city coroners, on view of the body of a man named George FORBES, who was confined in that prison under a civil bill decree issued from the Recorder's Court. It appears from the evidence that the deceased had been suffering under a disease of the lungs for a considerable time, and that his death was caused from a dropsical effusion. The jury found accordingly.
ILLNESS OF COLONEL BROWNE. -- We deeply regret to learn that Lieutenant Colonel BROWNE, one of the Metropolitan Commissioners of Police, is seriously ill, with a sudden attack which has caused much anxiety amongst the many friends of this gallant officer and most estimable gentleman. -- Mercantile Advertisor.
County Cavan Newspaper Transcription Project
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