Published in Cavan, county Cavan
November 3, 1853
BALLINAGH PETTY SESSIONS - OCT. 27.
Magistrates present : -- John DOPPING, Esq., R.M., and Robert ERSKINE, Esq.
The preliminary proceedings in the case of Mr. Arthur ELLIS and others against the Messrs. SWANZY were gone into at considerable length ; after which the following charge of rape was investigated : --
Margaret FLINN v. Charles DELANY.
We shall give only an outline of this case. The prosecutrix, a rather well-looking peasant girl, and the prisoner were both in the service of Mr. James HEASLIP, parish of Denn, in this county. The offence complained of was perpetrated, it was alleged, on the night of Wednesday the 12th of October, and complainant swore her informations before Wm. SMITH, Esq., J.P., Drumheel, on the Sunday or Monday following.
Mr. HAMILTON, solicitor, appeared for and defended the prisoner with great ability.
The particulars of the case, so far as we can publish them, are briefly as follow.
It appears that the prosecutrix and the prisoner slept in two adjoining rooms off the kitchen, and that the partition was incomplete, there being a space underneath by which a person could crawl from one room to another. The girl FLINN, retired to bed at the ordinary hour on the night in question, and she had a little girl sleeping with her. Prosecutrix had been asleep for some time when she felt the prisoner in bed with her. He said he would make his "own of her," and, after stopping her mouth with the coverlit accomplished his object. She could make "no debate," (as she herself expressed it), and raised no alarm ; she gave the young girl in the Bed "a nudge" but the girl did not awake. The prisoner promised to marry her and then returned to his own room through the opening underneath the partition.
The magistrates severely censured Mr. HEASLIP for the way in which he kept young people of opposite sexes housed.
It appearing that the prisoner had lately received a passage-ticket to Australia and £30, the magistrates put him under bail of himself £50 and two sureties £25 each to stand his trail at the next assizes in Cavan. The prisoner offered to marry the prosecutrix, but she peremptorily declined.
CAVAN QUARTER SESSIONS.
SATURDAY, October 29, 1853.
The adjourned sessions were resumed this day by P. M. MURPHY, Esq., Q.C., assistant barrister for this county.
John MOHAN of Carrickatubber processed John M'CAEB(sic) for the sum of 2£, 5s., the price of whiskey sold in small quantities.
The defence set up was that most of the whiskey had been consumed on plaintiff's premises. His worship remarked on the absurdity of the law which allowed of such a defence, and decreed for the full amount.
Phillip MAHAN v. James M'CANN. This was a process for 1£. 6s, money alleged to have been lent. -- Dismissed on the merits.
Daphney M'CABE v. Mrs. Bridget BRADY.
As this was a "loss and damage" case, his worship ordered a jury of three to be empanneled, accordingly Messrs. BLAKENEY, James REILLY (Cavan), and Thomas REILLY (Scrabby) were sworn.
Plaintiff sued for the sum of 15£. as compensation for injuries inflicted upon her person by a car belonging to defendant. It appears that plaintiff is a feeble old woman, deaf and nearly blind, and that on an evening in April last she was knocked down by the mail-car going to Ballyjamesduff, and owing to the injuries she then sustained she has been confined to bed ever since. The defendant is owner of the mail-car and keeps the hotel in the town named.
Mr. MURRAY of Ballyjamesduff deposed that on the evening referred to he was on the road, about a quarter of a mile from Bally'duff, that he saw the mail-car approaching at a rapid pace towards where the old woman was crossing ; he shouted to the driver to go slow, but the latter paid no attention ; the plaintiff was about the centre of the road and attempted to get to the side when the horse knocked her down and the car passed over her. She was insensible when lifted up and was hurt on one of her legs. Witness was of opinion that had he been driving he could have avoided the accident. Did not think plaintiff was able to attend in court to-day.
Mr. Charles GALLIGAN corroberated(sic) this evidence. There were five on the car.
Mary M'CABE deposed she had to resign her situation to attend her sister (plaintiff). Dr. COOTE was the medical attendant ; he "went on a dispensary ticket" given by the defendants brother-in-law.
Some more witnesses were examined ; after which the jury returned a verdict, damages 5£.
Mr. Edward O'REILLY and Catherine his wife (late Miss NULTY) v. Peter GREY. This was a process for 15£. 13s. 9 1/2d. rent. Mr. P. CAFFREY stated that although the process had to be filled for the above sum, the plaintiffs sought only 12£. being a reduced rent.
Defendant admitted he owed 12£. minus some head-rent which he alleged he had paid.
Decree granted for 12£., without costs, and defendant to be allowed for any head-rent paid by him.
Mr. R. M'CABE v. Mr. Peter BRADY of Cavan, for damages.
Plaintiff had purchased three cocks of hay from defendant for 3£. 10s. ; one of the cocks he said was prime hay, but the remaining two were injured in the centre.
Defendant deposed that at the time the sale was effected he told plaintiff to select any three cocks he wished in the meadow ; that the remaining 26 cocks were of the best quality ; and that plaintiff processed him in the morning and drew the hay in the evening of the same day, and before def. had an opportunity to examine it. -- Decree for 5s.
John M'DOWEL processed James M'CLELLAND for 5£. 2s. 6d., the price of a cow sold to him by the latter in the fair of Belturbet on the 7th of July last. The cow was defective in one of her tits. -- Decree granted for 15s.
The assistant-Barrister fined one of the processes-servers in the sum of 1£. for not having stated in the process the locality where the service was effected.
Dr. Frank A. O'REILLY of Scrabby, v. Mr. Thomas O'REILLY of same place. This was a process for 10£, loss alleged by the plaintiff that he had sustained. It appeared by the evidence that plaintiff had had a young horse grazing with defendant for some weeks in October and November of last year -- that he (plaintiff) went to defendant's house to settle for the grazing and that (defendant not having been at home at the time), his wife stated it made no matter about the price of the grazing ; he (plaintiff) then went and took the horse and was bringing him away with the intention of selling him at the fair of Mullingar ; he had got as far as Abrahan when defendant's had came and took the horse from him by force ; that the horse was lodged in the pound and detained two days and a night, and that, owing to this detention, had sustained the loss mentioned in the process from not having been able to offer the horse for sale at the fair, as he (defendant) had contemplated.
For the defence it was alleged that plaintiff had made several attempts to take away the horse off the lands without paying for the grazing ; that the horse sustained no damage, and that plaintiff had ample time (three days) from the horse was released to bring him to Mullingar had he chosen to have done so.
The jury returned a verdict for the defendant, and his Worship dismissed the process without prejudice.
Decrees were granted at the suit of the Provincial Bank against Mr. BOYLAN and Bartholomew LYNCH for the amount of two bills of exchange.
Garret REDDY v. Owen FARRELLY. This was a process for 12£. 2s. 4d. It seems these parties had some dealing with each other ; that the latter owed the former money which he remitted to him by a letter of credit ; the plaintiff returned the letter of credit with an apprisal that he had instituted proceedings for the recovery of the money. It was subsequent to this that the writ was served upon the defendant. Plaintiff now sought to recover the amount of the costs he had incurred as well as the original debt, while the defendant, on the other hand, was willing to pay the debt, but not the costs, as they had been incurred after he had tendered payment of the principal.
Decree granted for the full amount, and also for the costs.
Catherine REILLY processed LARRY BAXTER for the sum of 9£. for the maintenance of his illegitimate child for two years. The plaintiff was the mother, and she alleged the defendant was the father of the child, while he swore most positively that he never had any intercourse with the woman. He admitted that he was decreed in the sum of 6£. in May, 1851, for her seduction ; he has the child at present, but endeavoured to get it into the poor-house some short time since, but without effect.
His Worship dismissed the process on the merit.
[The manifest and audacious perjury in the foregoing and succeeding case was most shocking. It is a pity that parties guilty of such an atrocious crime are so frequently allowed to escape with impunity.]
Edward SMITH processed John WILTON of Corglass, for 19s., the price of two goats and two geese sold by him to the defendant. Plaintiff deposed to the sale of the goats and geese, and a little girl proved the delivery.
The defendant swore he never purchased the animals, that they were never delivered to him, but admitted that they are upon his lands ; he supposed they were bought by a woman who is staying in his house.
The woman, who goes by the name of STRONG, was here produced. She deposed that it was she who purchased the goods and that she paid for them in three weeks from she got them.
The witnesses were here confronted, and the one party contradicted the other in the most direct terms. WILTON had some difficulty in recollecting the name of the woman although she has been residing a year in his house. She has a child, but he could not tell if she were a married woman.
The Assistant-Barrister decreed the defendant for the amount.
Hugh REILLY v. Pat HARTAN. This was a process for the non-fulfillment of an agreement to plough a field for six shillings. Damages were estimated at 6£., but the court granted a decree only for 1£.
Mr. James REILLY (Cavan) v. DOYLE. Plaintiff had lent a portion of 14£. 10s. 6d. (the amount of the process) to DOYLE, who was a coach-builder in his employment, and the balance was money received by DOYLE from Mr. HINDS for work done while in his (plaintiff's) service.
His Worship granted a decree for the lent money, but not for the other ; he intimated, however, that Mr. REILLY could proceed, if he wished, against Mr. HINDS for the money he had paid to DOYLE.
The Court adjourned soon after, and the business of the sessions terminated.
RULE OF COURT.
The following prisoners were tried and convicted at Cootehill Sessions, 1853 " --
Anne DUFFY, larceny from person, confined 12 months, hard labour ; John CONNOLLY, larceny of butter, confined 3 months, hard labour ; Mary REILLY, having stolen goods in her possession, confined 3 months, hard labour ; Bridget FITZSIMONS, larceny from person, confined 3 months, hard labour ; Susan FLOODY, larceny from person, confined 6 months, hard labour ; Patt SLAVIN, larceny and former conviction, confined 12 months, hard labour ; Andres FAY, assault, confined 24 hours ; Edward M'KENNA having unregistered arms, confined 24 hours, James HARROLD, having unregistered arms, confined 24 hours.
CAVAN SESSIONS. -- John DOHERTY, larceny, confined 18 months, hard labour ; James M'LOUGHLIN, confined 1 month, hard labour ; Charles ROURKE, larceny, and former conviction, confined 6 months, hard labour ; John PATTERSON, having stolen goods in his possession, confined 2 months ; John BRAY, larceny, confined 1 month, hard labour ; James ALLEN, sheep stealing and former conviction, confined 4 years, penal servitude ; Bridget KELLY, larceny from person, confined 3 months, hard labour ; Patt SHERIDAN, larceny from shop, confined 6 months, hard labour and twice whipped ; John REILLY, having unregistered arms in his possession, confined 2 years, hard labour ; John GALLAGHER, having unregistered arms in his possession, confined 24 hours ; Phillip KELLY, having unregistered arms in his possession, confined 48 hours ; Thomas FLEMING, sheep stealing, confined 8 months, hard labour ; John CASEY, sheep stealing, confined 2 months, hard labour ; Richard HEASLIP, cattle stealing, confin!
ed 6 months, hard labour ; Honora BRADY, larceny of fowl, confined 2 months, hard labour ; Daniel M'CULLOUGH, larceny and former conviction, confined 12 months, hard labour.
BALLYCONNELL SESSIONS. -- Martin GOLDEN, larceny from person, confined 6 months, hard labour ; Michael KING, larceny form person, confined 3 months, hard labour ; John KERR, cattle stealing, confined 8 months, hard labour ; Michael M'BRIEN, sen., taking forcible possession, confined 1 week ; Michael M'BRIEN, jun., taking forcible possession, confined 1 week ; Owen M'BRIEN, taking forcible possession, confined 1 week, Hugh DOLAN, riot, confined 3 months, and give security for peace ; Margaret DOLAN, riot, confined 1 week ; Bridget DOLAN, riot, confined 1 week ; Agnes PRIOR, larceny, confined 2 months, hard labour ; Peter HANLON, larceny from person, confined 2 months, hard labour ; Mary FITZPATRICK, larceny, confined 2 months, hard labour.
This case, that has latterly engrossed so much of the public interest, closed yesterday, at half past five o'clock, with a verdict of acquittal. The cheers that rang through the court when the announcement was made, were proof enough that the people echoed the decision of the jury. We have to return our best thanks to the most efficient news agents, Messrs. SMYTH and son, for the express with which they favoured us on the subject ; and too much praise cannot be given to the Evening Freeman, for giving in its second edition to the news which became only at so late an hour on the evening of publication.
OUR WEDDING DAY.
Full Directions for the proper Management of the Wedding Day, including Marriage by License, by Banns, by Registration ; Dissenter, Catholic, Quaker, and Gretna Green Marriages, the Expenses, &c. The Bridal Costume ; Order of Going to Church, and of Returning Home ; Who should propose the Health of the Wedded Pair ; Wedding Etiquette ; Receipts for Wedding cakes, &c., &c., and other useful Domestic Information in the first Four Numbers of "The Family Treasury," price 2d. each. Order them of any Bookseller.
London: Houlston and Stoneman, 65, Paternoster Row.
Oct. 27, In Ely Place, the Hon. Mrs. James BUTLER, of a son.
October 31, in St. George's Church by the Rev. Richard BARTON, A.M., Rector, Samuel Gardiner IRELAND, of Robertstown House, county Kildare, Esq., to Isabella, eldest daughter of the late Richard MONTGOMERY, of North Great George's-St., and Cootehill, county Cavan, Esq.
Oct. 20, at Rochdale, Mr. John SMITHERS widower, aged 46(56?)(96?) (transcriber's note: cannot tell first digit, but the second digit is possibly a 6) years, to Mrs. Margaret BESWICK, aged 70 years, both of Castleton.
Oct. 28, in Marion-square, aged 87(37?) years, the Hon. Lady LEVINGE (LEVINGS?)
November 10, 1853
LONDON CATTLE MARKET - MONDAY.
By the quantities of 8lb., sinking the offal.
Inferior beasts, 3s. 0d. too 3s. 4d. ; second quality, 3s. 6d. to 3s 8d. '; prime large oxen 3s. 10d., to 4s. 0d ; prime Scots, 3s. 10d to 4s. 0d; large coarse calves, 3s 2d. to 4s 2d ; prime small ditto, 4s 2d to 4s 6d ; sucking calves,, 20s.. 0d. to 25s; inferior sheep, 3s. 10d. to 4s 0d. ; second quality, do., 4s. 2d. to 4s. 6d ; coarse-woolled(sic), do., 4s.. 8d., to 4s. 10d. ; Southdown wether, 5s (?)d. to 4s. 10d. ; quarter old pigs, 19s to 25s.
BELFAST, MONDAY, OCT. 24. -- Grain, &c. -- Wheat, red 14s. 9d. to 15s. 0d. per cwt, do., white, 11s. 8d. to 15s.; 8d.., Oats, 8s.. 0d to 8s. 10d. per do. ; Barley, 9s.... 0d. to 0s.. 0d. per do., Oatmeal, 16s.. 6d. to 17s. 9d. per do.; Indian-Corn white, 7s.. 4d. to 7s... 9d. per do.; yellow, 7s, 3d. to 7s 9d. per do. ; Indian Meal white, 9s 9d to 10s 0d per cwt., do., yellow 8s. 6d, to 8s. 9d per do. ; Flour, superfine, 18s., 6d. per cwt.; bakers' first, 17s... 6d. per do.; second, 14s. 6d. per do.; third, 13s. 6d. per do.; fourth, 8s 6d per do.; Bran, 5s 0d per do.
Provisions. -- Pork, first quality, 49s. 6d. to 56s per 120bs second, 90s. 0d. per do. ; third,, 00s.9d. per do. ; Butter, very fine, in white firkins, 10 3/4d per lb. ; crock, first quality, 10 1/2d. do ; firkin, first do, 10 1/4d. per do. ; lump, first do., 10d. to 10 1/2d. per do. ; fresh, first do., 10d. to 1s. per do. ; Eggs, 5d. to 6d per doz.
Cattle Feeding. -- Linseed, 5s... 9d. to 6s. 6d. per bushel Linseed Cake, 8s. 0d. per cwt; Linseed Meal, 9s. 0d to 0s. 0d. per do, Licensed Bran, 3d. per bushel. Weight of Bread, at present, at the Belfast Public Bakery, Church-street ; -- Superfine loaf, 7lbs. for one shilling ; household do., 4lbs. for fivepence-half-penny.
Flax. -- In fair supply, and prices firm. We may quote as follows: -- Hand scutched, inferior, per 16lbs., 7s. 0d. to 7s. 6d. middling, 7s. 0d. to 8s. 0d. per do. ; fine, 8s 0d. to 8s. 9d. per do. ; mill-scutched, low middling, 7s. 6d. to 7s. 9d. per do.; middling 8s. to 8s. 3d. per do.; good, do., 9s. 9d. to 10s. 9d. per do. ; best do., 6s. 0d. to 0s. per do, ; fine, 11s.. 6d. to 14s. 6d. per do.
Sergeant COURTENAY, Barrack Sergeant in this town, died this morning, chocked by a discharge of blood from the interior.
Lord CAMPBELL, now Chief Justice of Ragland began life as a reporter for the press.
We are delighted in being able to state that our very talented young townsman, Mr. MICHAEL O'KINEALY, has succeeded in obtaining first prize in Engineering, upon his entrance into the Queen's College, Galway. Ten stood against him, all his seniors by many years, and persons, who had far more favorable opportunities of prosecuting their studies, at least for the last few years ; he was second on the list, and was declared inferior, only by half a mark, to the successful candidate for the Scholarship. This is highly creditable to the young gentleman, and promises well for his future career. Mr. O'KINEALY's studies were gone through in the Kilmore Academy, in this town.
POST-OFFICE IMPROVEMENTS. -- The inhabitants of Arvagh, the surrounding country, and the public in general, will, doubtless, be gratified to hear that the Post-office authorities have been pleased to grant that a "Money Order Office" shall be established at the Post-office of Arvagh, and have made arrangements with the Postmaster, Mr. Robert WALPOLE, for that purpose ; and it is also confidently expected those post towns and districts, south and west of Cavan, will -- in compliance with a memorial forwarded through one of the members for Cavan, Sir John YOUNG, Bart., -- soon have the satisfaction of daily postal communication with the North and North East of Ireland, with which they were before unconnected, saving a circuitous route, passing between Cavan and Clones, or rather between Butlersbridge and Wattlebridge, which latter two places -- from the junction of the roads -- not being more than four miles, could be run in about three-fourth of an hour, but in consequence of the circuitous round by Belturbet it would take a out six times the time it could be done in, and consequently all letters for the South and South-Western districts of Cavan are in consequence detained to the following morning ; but now that attention has been directed to those grievances, we are in hopes of speedy redress, and that without any additional costs to that department. -- from a Correspondent.
OUR WEDDING DAY.
FULL Directions for the proper Management of the Wedding Day, including Marriage by License, by Banns, by Registration ; Dissenter, Catholic, Quaker, and Gretna Green Marriages, the Expenses,,, &c. The Bridal Costume ; Order of Going to Church, and of Returning Home ; Who should propose the Health of the Wedded Pair ; Wedding Etiquette ; Receipts for the Wedding Cakes, &c., &c., and other useful Domestic Information in the first Four Numbers of "The Family Treasury," price 2d. each. Order them of any Bookseller.
London ; Houlston and Stoneman, 65, Paternoster Row.
On Monday last, in the Church of Belturbet, by the Rev. Andrew M'CREIGHT, Samuel Nixon KNIPE, Esq., Solicitor, to Mrs. O'RORKE, relict of the late Captain O'RORKE, and daughter of Captain BOWEN, Barrack Master of the district.
Nov. 4th, in the Catholic Cathedral of Cavan, by the Rev. Thomas MULVANY, C.C., Mr. Patrick M'BRIDE, baker, to Miss BRADY, lately matron of the Bailieborough workhouse.
On the 6th instant, at Toam Lodge, the residence of her brother, Fanny, the eldest daughter of the late William WALSH, formerly of Ballinamore, in the county of Leitrim.
On the 7th instant, at Roebuck House, Edward SOMERS, eldest son of Joseph LYNCH, Esq., aged 17 years.
On the 27th October, at the house of her son, Sir Richard MAYNE, K.C.R., New-street, Spring Garden, London, in the 89th year of her age, Sarah, relict of the late Judge MAYNE of the Court of King's Bench, Ireland.
THE Popular Educator, Volume III, containing upwards of One Hundred and Forty Lessons in Greek, English, French, German, &c., &c. ; with Maps, and numerous other Engravings.
New Spirits of Studies. -- The First Number of the Fourth Volume of this Work was published October 1, and commenced an entirely new and most important Course of Lessons, including Natural Philosophy, Chemistry, and Italian. The weekly numbers, 1 1/2d. each ; the Monthly Parts, 7d., or if containing Five Numbers, 8 1/2 d. each.
London: John Cassell, Ludgate Hill ; and all Booksellers.
A NEW UNIVERSAL HISTORY.
November 1, Part 1, containing Five weekly Numbers, price 11d. of
THE Historical Educator, containing the "Periplus," or Voyage of Hanno the Carthagenian Navigator, along the coasts of Africa, beyond the straits of Gibraltar, more than five centuries before the Christian era -- The Travels of Herodotus in Egypt and the East -- the History of America, by Mary Howit -- The History of Greece, by E. L. Godkin -- The history of English Literature, by Dr. Beard -- Complete Chronological Tables, &c. &c. -- Abundantly illustrated with curious and beautiful Engravings.
London: John Cassell, Ludgate Hill ; and all Booksellers.
Now ready, price 5s.. 6d., in cloth boards.
THE Illustrated History of Hungary and the Magyars, from the Earliest Period to the Close of the Late War. By Edwin Lawrence Godkin. This Volume is illustrated with nearly One Hundred Engravings, and a Map of Hungary.
London: John Cassell, Ludgate Hill ; and all Booksellers.
November 17, 1853
GAS IN COOTEHILL.
We have great pleasure in referring to our advertising columns for the letter from Sir John YOUNG, Bart., empowering Messrs. M'INTOSH and MOOREHEAD, J.P.'s to convene a meeting for the purpose of having the town of Cootehill lighted with gas. The number and respectability of the names signed to the requisition presented to the Chief Secretary make it clear enough that the matter is already accomplished. We rejoice in the fact and congratulate Cootehill in being the first town in this county to follow the example set by Cavan. We trust we shall soon have them imitating us in the establishment of a Mechanics' Institute, for it seems they are resolved not to be left behind in any particular. What is Belturbet about? Why doth she not innovate upon the oil which she is so long burning? Up, laggard, up ; the days of oil-burning are long since numbered.
Ten pounds reward have been offered by government for the conviction of any one concerned in the outrage put upon Rev. Wm. M'AULAY(sic), in cutting the tongue out of his dog ; and the locality has subscribed fifteen pounds for the same purpose.
OUR WEDDING DAY.
FULL Directions for the proper Management of the Wedding Day, including Marriage by License, by Banns, by Registration ; Dissenter, Catholic, Quaker, and Gretna Green Marriages, the Expenses, &c. The Bridal Costume ; Order of Going to Church, and of Returning Home ; Who should propose the Health of the Wedded Pair ; Wedding Etiquette ; Receipts for Wedding Cakes, &c., &c., and other useful Domestic Information in the first Four Numbers of "The Family Treasury," price 2d. each. Order them of any Bookseller.
London: Houlston and Stoneman, 65, Paternoster Row.
Nov. 15, in Erskine-terrace, in this town, the wife of James WANN, Esq., of twin sons.
Nov. 8, at Summerhill, Mrs. W. R. MEREDITH, of a son.
Nov. 1, at Monkstown Church, Wm. H. WOODS, M.D., R.N., youngest son of the late Andrew WOODS, Esq., of Baggot-street, to Emily ROMMOND, second daughter of the late Captain KNIPE, 1st Royal Dragoon, of Spring-hill, Queen's County.
At Booterstown, Mrs. Maryanne DILLON, wife of J. DILLON, Esq.., Barrister-at-Law, formerly of Clonterry, Queen's County.
Nov. 8, after a short illness, the favourite comedian, Mr. H. BEDFORD.
Mr. James M'MAHON of Leege, barony of Farney, the lineal descendant of the great Irish chieftains of that name, died on Saturday the 5th current, in his 56th year. He had been imprisoned during five months for rent of a farm, which he held under the Shirly family in the lands, over which his fathers once held real princely sway. The confinement impaired his constitution, broke his heart and he died.
November 24, 1853
CAVAN PETTY SESSIONS, Monday, Nov. 21st.
Magistrates present -- Theophilus THOMPSON and Robert ERSKINE, Esqrs.
Several persons having been fined for having pigs, cows, &c., wandering along the streets and roads, in a nominal sum of sixpence, with a warning that on future complaint against them the full fine would be struck, the clerk called on the case of Felix M'KEON v. Bernard and Susan FARRELLY. Mr. HAMILTON, solicitor, appeared for the plaintiff, who complained of tresspass(sic) on his lands. Bernard having broken down his fences and drawn hay through them, leaving it open after him, and Susan having wandered away from the path and walked where she pleased, to spite plaintiff through the laboured ground. The defendants claimed a right of pass, and James FARRELLY swore that there existed such a pass, as long as he remembered and his parents before him.
Cross-examined by Mr. HAMILTON -- Did you ever know Bernard, your brother to beat his mother? after considerable hesitation the witness said he did not ; the fences were not broken down, but found open.
Bench to complainant -- Have the defendants been accustomed to use this pass for a long time? The answer being judged evasive, the case against Bernard was dismissed. It was then entered into, as it affected Susan, who complainant swore walked on his grass and stubble fields, on the 28th and 29th, October, refusing to go upon the path ; complainant's wife also swore to this fact, Susan denied having left the path at all but went as she had always been wont to go. The parties after being reprimanded for their litigiousness agreed to leave the whole case to Mr. VERNON, their agent, to whom the court referred it.
NO DREAM, BUT A SAD REALITY.
Margaret DONOHOE v. Mary BAXTER.
Mr. John ARMSTRONG appeared for the complainant and Mr. HAMILTON for the defendant. DONOHOE swore that BAXTER met her on the October fair day in Belturbet, and induced her to give a pound to be laid out on flax for her advantage by the defendant ; she went off with it and returned it not nor any value for it. Mr. HAMILTON objected to the summons ; complainant was married, and therefore the suit should be, he contended, in the name of the husband.
Bench -- Oh! Mr. HAMILTON we will waive all such niceties here.
On her cross examination the complainant said that it was not what she had dreamt of the lent pound ; she never told any one that it all occurred to her in a dream ; was sure it was a pound of money, not of flax she was owed by defendant ; got not as much as a reed of flax in Belturbet that day from BAXTER ; knew her for three weeks as a dealer in flax.
Mary NOLAN examined by Mr. HAMILTON -- Was summoned as a witness by complainant and not called upon by her ; remembers a conversation with Mrs. DONOHOE in Belturbet ; she said I came off very safe today, some woman wanted to borrow money from me, and I did not risk it, having only a few shillings about me.
Mary ORANGE knew the parties ; saw Mary BAXTER give complainant seven shillings after the fair of Belturbet ; there was no word then of more money due ; complainant only claimed a pound of flax from BAXTER.
Cross examined by Mr. J. ARMSTRONG -- Lives in Cavan, went to complainant on the occasion to sell flax ; never heard a word of the pound in money, except from the complainant ; is sure that there was no demand made of a pound sterling on the occasion of the seven shillings paid.
Mary NOLAN was recalled -- She never was told by BAXTER that she had got the pound ; never said to any one that she was present when BAXTER got it, or when she admitted having got it.
Francis M'PHILLIPS examined by Mr. ARMSTRONG -- Was present when complainant and the two witnesses were drinking :half-ones" each -- NOLAN then said that if DONOHOE would issue a summons, she would get the money for her.
To Mr. HAMILTON -- there was question only of a pound, not specifying whether of money or flax ; but the bench ruled that the circumstance made it clear that the question was of money.
Defendant said she was all her life about Cavan and never stood in a court before ; she sold plaintiff three stones and a half of flax on the fair day of Belturbet, and had proof of the fact, if she got time to produce it. Mr. HAMILTON contended that no case had been made out against his client, and while he would not allow the case to be summarily dealt with, had no objection to informations being granted if it seemed to the bench that a case had been proved.
The court said they had great doubts upon the subject, but would grant informations, and give the defendant a right of bail, on finding two sureties in two pounds ten shillings each, herself being bound in fine pounds. Defendants said she would easily find the required bail.
WHAT IT IS TO TAMPER WITH THE ARMY.
John MURRAY was summoned for having in his possession military ammunition, contrary to the Army Regulation and Mutiny Act. He had been arrested for drunkenness, by Ross MAGUIRE, sub-constable, who, on searching him, found the cartridge in his pocked.
William ARMSTRONG serjeant(sic) in the 27th regiment, said he believed the ammunition was made for military purposes.
MURRAY alleged that he found the cartridge in Bridge-street, and intended to give them up to the police.
The magistrates inquired as to his character, and many were found ready to testify, that though rather addicted to make merry, he never gave grounds for suspicion that he intended to make an improper use of the ammunition.
ARMSTRONG stated that the men were firing blank cartridges on the day when MURRAY was found possessing some, and might easily have dropped them.
The chairman said the bench was of opinion that MURRAY had not the cartridges by him for evil intent, if they thought he had, it would be a serious affair, as the law allowed for a first offence of the character, the imposition of a fine, not exceeding £20, as it was, the law should be vindicated, and defendant should pay a fine of six pence. It was then suggested that the law ordered a notification of the fine and a remital(sic) of the money to the secretary of war, so Mr. M'CABE was desired to forward to that functionary his report, and the amount paid into court, deducting for postage and paper. The country is therefore richer by four pence half-penny.
THE CROWING OF THE FAIR.
Hugh FITZPATRICK and James MOLONY v. Feargus REILLY, John REILLY, Michael DOWD, Felix MATHEWS and others.
Complainants were beaten on last fair night leaving Cavan. Felix MATTHEWS and Michael DOWD, who appeared, were of the party, though neither could say that he was struck by either. It was about nine o'clock p.m. when the assault took place. Complainants were not drunk, nor had they ever before a dispute with any of the parties who assailed them, neither did they see them during the day. There were a great many on the road at the time. Both were knocked down and much abused. The Priest, Rev. Thomas MULVANNY, came up to the assailants and dispersed them. Neither saw John REILLY there, but both saw Fergus REILLY, Felix MATHEWS, Thomas BRADY, Phil BRADY and Michael DOWD. MOLONY was beaten first and lying on the road. FITZPATRICK saw the row, shouted for the police, and pointed out to the priest the condition of MOLONY before he was attached himself.
John SMYTH swore that he also was beaten that night ; was on the road before MOLONY ; cannot saw who struck him, for he was at once "knocked in a doldrum;" was not too drunk to know that he was not being caressed ; did not see MATHEWS or DOWD till all was over.
The defendant MATHEWS said he was always a peaceable man, and happened to be on the road that night, because he was leaving his son, who was beaten already, a part of the way home ; but John NULTY, publican, said the row began in his house. MATHEWS and his son and daughter were on for getting up a spree all evening. Miss MATHEWS was a very Amazon, for standing upon the table she wielded her scutch, squaring like any man, and challenging the boldest to a contest, some of the party beaten were in the house at the time.
Pat RUDDY was going up the road, when he saw a number engaged as if it would never pay to lose a moment, when to his surprise, he too came in for a share of what was going. The defendants had no professional assistance, but looked the very types of innocence ; nor did this save them for the informations of FITZPATRICK, MOLONY, SMYTH, and RUDDY, were taken against Fergus REILLY, James SMYTH, Thomas BRADY, Phil BRADY, Felix MATHEWS and Michael DOWD. It was ruled that they should be admitted to bail, themselves in 20£., and two sureties in 10£. each.
(Here Mr. P. CAFFREY, D.C.P., stood up and applied to the magistrates that they should proceed to a revision of the list of Jurors, for Mr. BRUSH, J.P., had just entered, and three were competent to revise. But it was found that the High Constables, despairing of the presence of a third magistrate, had left the Court, and the matter had to be dropped. Mr. P. CAFFRAY, was, therefore, desired to apply to the Lord Lieutenant for power to convene a special sessions for the purpose.)
THE LAST HALF PINT.
William BEATTY v. James CONNOLLY, and the MURPHYS.
Complainant examined by Mr. J. ARMSTRONG -- Went into PRUNTY's house in Ballyhaise, to drink on the 10th November ; took a good sup ; told MURPHY to bring in half a point more ; got an 'ill sarved' answer instead ; words passed on one side and the other, but no blows. Going home met the defendants ; they had wrung out the chapel pailing and "laid lick on him there;" his brother came up and took hold of one of them ; was knocked down and confined in consequence, to the infirmary, where he threw up a lot of blood.
Cross-examined by Mr. HAMILTON -- Were all friendly enough, till I asked him for the halfpint ; took so much whiskey he could not tell how much ; did not recollect saying he would "walk through MURPHY's ribs" if he gave not the spirits ; stripped off his coat outside MURPHY's door ; went part of the road home with his mother, and returned ; had his mother and brother in PRUNTY's ; James KENNEDY was one of the party outside PRUNTY's door ; challenged the party, but not till he was provoked.
Thomas and Henry BEATTY corroborated their brothers testimony ; the former in everything, the latter as to the beating.
Mr. HAMILTON called for a hearing of the cross cause. Mr. ARMSTRONG opposed him ; but the bench decided with Mr. HAMILTON.
Charles MURPHY sworn -- I was in Ballyhaise on 10th November, and drank with William and Thomas BEATTY in PRUNTY's ; William wanted more whiskey ; I said they got enough ; but the other replied if you dont get it in, I will walk through your ribs ; I then walked out ; Wm. followed, and raising noise outside the door, Mrs. PRUNTY asked me not to fight, so I walked into the house, and brought my brother and CONNOLLY with me, and stayed there until William having left his mother outside the town ; came back and challenged me ; when I went to the chapel William struck me with his whip.
Cross-examined -- Had a flail supple at the chapel ; got it from a boy on the road ; he knew him only buy eye sight ; the others were just behind him when William struck him ; got the flail to defend himself.
James KENNEDY examine by Mr. HAMILTON -- Was elevated, and said he was a manafor(sic) MURPHY any day ; came up at the fight, but knew not who struck first.
John MURPHY -- Was present when William talked of walking through his ribs ; he came back when he left his mother outside of the town, and asked any "pup or bastard" to fight him ; came up when Charles and William were fighting ; Henry BEATY struck witness with a whip, for which he had a summons.
To Mr. ARMSTRONG -- Cant say why Charles went on before the rest.
James CONNELLY told the same story ; notwithstanding that he held Thomas BEATTY against the wall, when he was throwing up his accounts Thomas still struck him ; Mrs. BEATTY the mother, said to William in PRUNTY's "you're the boy could lick them fight your way and I'll pay your way ;" saw Charles struck by William with a whip.
CONNOLLY's and the MURPHY's cases against the BEATTY, were dismissed. They were themselves sentenced to one pound fine each, or one months imprisonment at hard labour.
Advertisement to Creditors.
CAUSE PETITION, Under "The Court of Chancery (Ireland) Regulation Act, 1850."
In the matter of SINCLAIR PERRY, Petitioner ; JOHN MC. GRATH, Respondent.
I HEREBY require all Persons claiming to be Creditors of JOHN NOBLE BAKER, Esq., late of Ashgrove, in the County of Cavan, deceased, on or before the 2nd day of January next, to furnish, in writing to GEO. CARMICHAEL, Esq., Solicitor for Respondent, No. 7, Upper Temple-street, the amount and particulars of their several demands, (accompanied, in case of simple contract debts, by a statement of the consideration of such debts,) in order that the Petitioner may, without any expense to them, prove in this matter such or so much of their demands as he shall think just, of the allowance or disallowance of which or any part of same, said Creditors shall receive due notice. And all such Creditors, whose demands shall be disallowed either wholly or in part, shall at the peril of costs be at liberty to file charges in my office, within one fortnight after they shall respectively have received notice of such disallowance.
Dated this 24th day of Nov., 1853.
Master in Chancery.
Solicitor for the Petitioner,
32, Lower Gardiner-street, Dublin.
Nov. 22, by the Rev. John O'REILLY, P.P. of Killeshandra, Thos. Sheridan O'REILLY, Esq., M.D., M.R.C.S.I., of Ballinagh, to Anna Maria, eldest daughter of Wm. SHERIDAN, Esq., of Killeshandra.
In the Matter of Richard COOTE and others, Minors.
TO BE LET from the 1st day of November inst., for Seven Years pending this Matter, several Farms of Land at present comprised in this Demesne of Bellamont Forest, also the Mansion House, with or without Land ; also a farm of Land, late in the occupation of Michael DILLON, in Townland of Muff.
Proposals in writing will be received up to the 1st day of January next by the Receiver, of whom forms of proposal and all other particulars may be obtained.
WM. MURRAY, Receiver.
Cootehill, Nov 22, 1853.
November 7, will be published, price Sixpence.
November 31, 1853
MOUNTNUGENT PETTY SESSIONS.
Saturday, November 19, 1853.
Magistrates present, -- Somerset R. MAXWELL and __________ L'ESTRANGE, Esqrs.
The Police a ________ MILLS, Clerk of the Petty Sessions.
Defendant was charged with being disorderly and drunk in the street of Mountnugent. Mr. HAMILTON, Solicitor, appeared for Mr. MILLS. The magistrates declined entering into the case at present, as it was a serious charge against an officer of the Court ; they postponed it til the magistrates who usually attended at petty sessions would be in attendance ; they were then unavoidably absent.
Mr. HAMILTON pressed the magistrates to hear the case, as his client was anxious to have it disposed of at once, as he considered it to be a malicious prosecution.
The case was ultimately postponed until the next court day.
The next case, which occupied a considerable time, was that of
JOHN MAGUIRE a. JOHN SMITH and others.
Mr. HAMILTON attended specially on behalf of MAGUIRE, and stated that this was a case of a serious nature, charging the defendant with house-breaking and for assaulting the complainant, his mother, an old woman, and his brother, Charles, and for taking forcible possession of a house in which complainant and his mother resided, &c.;
John MAGUIRE sworn and examined -- Recollects the morning of the 17th instant ; John SMITH and his servants went to his house ; the door was fastened and bolted on the inside by an iron bar, which SMITH and his men forced, entered the house, beat and kicked complainant, cut him on the legs, tore his shirt of(sic) his back, and bruised and damaged him very much. The party also assaulted his brother, and dragged his aged mother out of the house, and took forcible possession of the house for which he was paying rent to Mrs. SMITH, defendant's mother, for the last four years.
Mr. SMITH could make no defence against this charge, but admitted that there was an agreement for rent at 30s. a year.
The magistrates consulted for a few minutes, and granted informations against Mr. SMITH and his servants, presentable to next Cavan sessions.
The next case was at the suit of the Police against several persons for unlawfully assembly (being on the Lord's day) at a place called Dungimmon, near Mountnugent, on the 18th September last.
The Police sworn -- Saw about 300 persons assembled ; and saw a blind woman playing the fiddle for the dancers at the gathering ; saw a number of persons going in and out of an old forge ; identified Peter LYNCH, an old man about 70 years of age, who told the Police that if he was then, as he was in early life, he would not be stopped so by them.
There were several others identified, as being of the party assembled at the pattern, on that day.
The Chairman, Mr. MAXWELL, rose up and cautioned not only the persons now concerned in this charge, but all others, from assembling on the Sabbath for like purposes, as it was at such illegal meetings, and improper assemblies, Ribbonism was got up ; and concluded by telling the parties now concerned that it being the first offence of the kind brought forward, they should be discharged ; at the same time warning them that in future the full penalty of the Law would be enforced for similar offences.
The parties withdrew, well satisfied with the Magistrates, and their own escape.
MARRIAGE IN HIGH LIFE.
At Ballyconnell church, county of Cavan, on the 22nd November, by the father of the bridegroom, assisted by the Rev. Henry ERSKINE, Willonghby(sic) George FOX, Esq., eldest son of the Rev. John FOX, rector of Kinawley, to Eliza Anne Jane, only daughter of the late Captain William John OTTLEY, of the 2nd Bombay Cavalry, and grand daughter of Brook Taylor OTTLEY, Esq., of Delaford in the county of Dublin.
A large party of friends and relatives were assembled on the occassion(sic), amongst whom were the Earl and Countess of ERNE, the Rev. Frank SAUNDERSON, and Lady Catherine SAUNDERSON, Lady Charlotte CRICHTON, the Hon. Walter and Mr. ARBUTHNOTT, the Venerable Archdeacon of Ardagh, and Mrs. BERESFORD, Mr. and Mrs. VESEY, of Denbald(Denbaid?), Mr. and Mrs. Richard FOX, Mr. and Mrs. LENDRUM, Rev. Samuel and Mrs. ALEXANDER, of Termon, Rev. John FOX, and Mrs. POX(sic - transcriber's note: probably should have been FOX) , of Kinawley, the Misses FOX, and the Misses BERESFORD, Mrs. and Mrs. Gartside TIPPING, Mr. Brook OTTLEY, and Miss OTTLEY, Mrs. William OTTLEY, Rev. Charles and Mrs. FOX, Mrs. and Mrs. Charles OTTLEY, Mr. and Mrs. Herbert OTTLEY, Colonel STORY, Captain GRANT, Mr. Earner OTTLEY, Mr. Vaughan JACKSON, Mr. SIMMS, Mr. George BERESFORD, Rev. Henry ERSKINE, Rev. Campbell JAMIESON, Messrs. Frederick HENRY, and Barry FOX.
After the ceremony, the numerous guests were entertained at a handsome dejeuner at Ballyconnell House, the residence of William H. ENERY, Esq., D.L., uncle to the bride ; soon after which, the happy couple left to pass the honeymoon, at S. Huberts, the residence of James SAUNDERSON, Esq., in the county of Fermanagh.
The name of an English ship, called Uncle Tom, has been changed to that of African, for fear that the Americans might have conscientious scruples against giving her freight.
THE CHOLERA. -- Three authenticated cases of asiatic cholera have been reported in Cork.
County Cavan Newspaper Transcription Project
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