Published in Cavan, county Cavan
August 10, 1854
March 31st, at Adelaide, Southern Australia, of appoplexy, Mr. Thomas PARR, in his 30th year, Surgeon Superintendent in her Majesty's Colonial and Emigration Commission, sincerely and deservedly regretted by a numerous circle of friends. He was only child of Mr. John J. PARR, residing for many years in the City of Dublin.
THE LATE DR. PARR In another column will be found an obituary notice of this gentleman, but we think that the fact of his being a townsman, who died far away from us, in an employment as beneficent as any other in which he could be engaged--the service of those whom poverty or some equally cogent circumstance forced to leave their homes for a foreign land--entitle him to some further consideration at our hands. Dr. PARR was our townsman, and there are many here to-day who were his playmates and schoolfellows, and are ready to testify that he was one much deserving to be loved. Educated in the Royal School, he there exhibited those talents and that industry which, at a subsequent period enabled him to obtain his diploma from the Royal College of Surgeons in a much shorter time than diplomas are usually granted by that body. To her Majesty's Colonial and Emigration Commission, who had engaged him as medical officer, he gave the most unqualified satisfaction, and upon his next voyage promotion was certain, and assured to him, when death, from whose grasp he had been the instrumental cause of rescuing so many others, seized upon him and assumed him to himself. He had already made five voyages, and how much to their profit he made them, hundreds relieved from physical suffering might tell; let us hope that his sixth--his last and longest voyage--was to the clime where sickness and misery are unknown, the clime for which his early youth and ripening years gave promise that he was preparing for himself--a promise which, we feel quite confident, was not departed from in the days of his manhood.
On the 25 of April, in Melbourne, South Australia, Mr. James FERGUSON, son of the late Mr. John FERGUSON, Coach Builder of Enniskillen, to Elizabeth Emily, fifth daughter of Mr. William TRIMBLE, the proprietor of the Fermanaugh Reporter.
At his residence, in Bailieborough, on Sunday, the 13th instant, after a lingering sickness, the Rev. Patrick SMITH, C.C., in the 46th year of his age and 15th of his sacred ministry.
FATAL ACCIDENT.--An inquest was held yesterday before Doctor M'FADDIN, one of the coroners for the county, and a respectable jury, on the body of Patrick DALY, who came by his death under the following melancholy circumstances:--Deceased, who was a farmer in pretty comfortable circumstances, residing in Lovekill, near KIlnaleck, in this county, was in the fair of this town on Monday last, selling a horse for his brother; he left about six o'clock, in company with another man, who is not known, both riding. Unfortunately they commenced to try a race, and DALY fell between the bridge and the school house, but at once mounted again, and was off at full speed. He fell again between the school-house and the loughbray, on the road to Ballinagh, or Crosskeys, and this time he lay prostrate. Word was brought to the police who at once ran to the place where he lay, and found him insensible and weltering in a pool of his own blood. He was removed to the county infirmary on a door, and survived there until about two o'clock on Tuesday. A verdict of "accidental death" was returned, for it was caused by violence of the fall, and that was a thing of accident.
August 24, 1854
At Mullagh, on the 23d inst., by the Rev. James HUNT, Edward SODEN, Esq., of Cornaseak, to Mary, eldest daughter of John BAKER, Esq., of Poraelaughan, in this county.
August 21, in St. Peter's Church, by the Rev. J. J. MACSORLEY, John MURRAY, of the "Evening Packet" to Anne, third daughter of the late Henry Coulston HEACOCK, Esq., of Ballinacourty, county of Limerick.
On the 21st inst., at Ballinacree, near Oldcastle, Joseph FORDE, Esq., aged 26 years.
On Tuesday, the 25th inst., at Ballyconnell, in this county, Rev. Michael OLWILL, Roman Catholic Curate of Kildallen, aged 50 years.
On Tuesday, the 22d inst, at the residence of his father, in this town, Bernard, eldest son of Mr. John BRADY, aged 25 years. The deceased was well known to all those who have intercourse with Cavan, and by them all he was held in high esteem, indeed. Nor could it be otherwise, for to a truly generous heart he joined a spirit of frankness and independence of character which no one could fail to admire. When we say that he was deeply and universally regretted, we shall be stating what is usually said in obituary notices, but what, in the present case, we from our own knowledge of him for years, many of which his society tended not a little to make pleasant, can attest to be true. He has gone from amongst us for ever, but his name and his worth will abide with us for a long time and be held in proper appreciation.
CORONERS' INQUEST AT BELTURBET
An inquest was held at the Constabulary Barracks in Belturbet, on Friday, the 18th inst., by James CURRY, Esq., one of the Coroners of the county, on the body of an infant, name unknown.
At twelve o'clock the following jury were called and sworn:
Mr. Henry COOPER, foreman, Mr. Thomas PHILLIPS, Mr. James CONATTY, Mr. Francis RICHMOND, Mr. E. (illegible), Mr. Laurence CURRY, Owen WYNNE, James CAMPBELL, John REILLY, H. MERVYN, Robert HARMON, Charles NEILL.
Two prisoners, Catherine M'GAURAN, and Mary M'GAURAN, were then given in charge.
Maryanne JOHNSTON sworn and examined--Said she lives in Tiergormly, about three miles from this town, and on Monday morning last, about six o'clock the prisoner, Mary M'GAURAN came to her house and knocked to get in, witness let her in, she told witness she was ill with a collick, or something, and then (illegible) she did not expect it for a month yet, the prisoner then gave birth to a male infant in a few minutes, prisoner said her name was M'GAURAN and lived in Belturbet, and requested witness to send for prisoner's mother, but not to say for what purpose, at the same time, told witness to not let any of the neighbours know, or witness' sister, who lives in Belturbet. Prisoner's mother came about 1 o'clock, and both went away about sunset, the mother of the child carrying it in her arms, the prisoner, Mary M'GAURAN gave the child some sugar and butter; witness believed the child was healthy but small, prisoner told witness the father of the child was a soldier and gone to the (illegible); witness identifies the clothes of the child in general. The prisoner asked the witness some question, but did not shake her direct evidence.
A. C. Robert WILSON sworn--Is stationed at Belturbet, and in conse- quence of information received, he went to the house of the prisoner Catherine M'GAURAN in Belturbet on Thursday, the 17th inst., to search for the prisoner, Catherine; could not find her at that time; heard from Mr. Peter DONNELLY that she had been in his house at 9 o'clock the evening before, witness then returned towards prisoners house; saw prisoner running away, and succeeded in arresting her; witness then went to the house of Catherine M'GAURAN to search for the child, Catherine said that the child had been given to a woman in Fermanagh; can't say to nurse; heard the prisoner, Mary M'GAURAN say she gave the child to her mother, but positively denied she herself knew where the child was; witness then went and arrested the prisoner, Catherine, and then told her the daughter charged her with having or knowing where the child was, she then told witness that she did know anything of her or the child since she parted with them, at Captain TIPPING's, in the county Fermanagh.
Mary M'GAURAN afterwards stated that the child died and was buried; I and one of the brothers went to the placed named, found the child and gave it to the barrick orderly.
Phillips M'GUINNESS sworn and examined--Is a clerk or shopman to Mr. Peer DONNELLY of this town,--Knows the prisoner, Mary M'GAURAN, saw her leaving Mr. DONNELLY's house on Saturday evening, 13th instant, at about 9 o'clock, she was not in the service of Mr. DONNELLY but was back and forwards when the Mrs. and family were from home and assisted; saw prisoner again on Tuesday morning about half-past 6 o'clock in Mr. DONNELLY's house; saw her through the house all day as usual, saw her go with the maid in the evening to milk the cows, and returned carrying a tin gallon full in her hand; slept all that night in Mr. DONNELLY's.
Bidy M'AVINIA sworn and examined--Is servant in MR. DONNELLY's house; knows the prisoner Mary M'GAURAN; assisted witness occasionally as servant; prisoner left Mr. DONNELLY's about 9 o'clock on Sunday evening, 13 instant; did not see her again till about 5 or 6 o'clock on Tuesday morning; witness asked her where she had been on Monday, she told witness she had been farther than Ballyconnell for some linen her brother Patt forgot on Sunday; prisoner done her work through the house on Tuesday, as usual; slept in the house of Mr. DONNELLY on Wednesday night; did not complain to witness of being in the least unwell.
W. M. WADE, Esq., M.D., sworn and examined--Made a post mortem examination on the body of the deceased child (name unknown) found no marks of violence on the body, the navel-string was properly tied; examined the chest and stomach and found not food of any description in the stomach, and is of opinion the death of the child was caused from want of proper care such as a child prematurely born should get.
The jury, after nearly an hour's consultation returned a verdict of acquital for the prisoner, Catherine M'GAURAN, and found the prisoner, Mary M'GAURAN, guilty of concealing the birth of her child. The coroner therefore committed to prison until next assizes at Cavan.
August 31, 1854
HOMICIDE AT A CUSTOM GAP.--On Wednesday week there was a fair in Killeshandra, to which a man named Patrick FINNEGAN brought some calves to see. In passing out of the green he had some angry words with one of the custom men named BRADY, whom he called a liar, and had some scuffle with. About half an hour afterwards he returned with some four or five others to renew the quarrel with BRADY, when he received from him a blow with a whip, or stick, which fractured his skull, and caused him to die twelve hours afterwards. An inquest was held on the following day before James BERRY, Esq., when the foregoing facts were elicited, and a verdict of manslaughter in self defence returned. BRADY was admitted to bail. We could wish to see this last relic of an odious impost abolished in this county, for we believe that through its length and breadth there is no other place than Killeshandra in which custom is exacted. A bad practice, and the cause of much bloodshed, it has been abolished in every other place, and it is really necessary that the example should be followed in Killeshandra.
SUDDEN DEATH AT REDHILLS.--Mr. Thomas MULROONEY, a gentle- man engaged on the Government Survey and Valuation at Redhills, was attacked with sudden illness on Wednesday sen'night, immediately after his dinner, and never spoke until he expired on Saturday morning. Mr. MULROONEY was in his 54th year.
FATAL ACCIDENT.--An inquest was held this day before John M'FADIN, Esq., M.D., one of our county coroners, on the body of James DEVELIN, who was killed yesterday by a fall from the top of a hay rick, which he was assisting to make for Mr. James KELLY of this town. It appeared that he had been dressing the end of the rick down, and either from the portion of hay upon which he had rested the rake giving way or through some sudden dizziness he fell to the ground and his head coming against the wall violently, he lost his life. Dr. John CARSON was in immediate attendance, but he saw that any aid he could give was all vain, for concussion and fracture of the brain and injuries inflicted on spinal accessory nerves had caused almost instantaneous death. His fellow labourers carried the deceased to the county infirmary, but he had ceased to live before he arrived there. DEVLIN (sic) went to America some months ago, stayed there a few weeks and returned to Ireland not many days ago. He has, we are informed, left after him a wife and five children. The jury at once returned a verdict of "accidental death."
(From a Correspondent)
ON the 28th instant the Right Rev. Dr. BROWNE, accompanied by the Right Rev. Dr. BRADY, Roman Catholic Bishop of Western Australia (who is at present on a visit with his lordship), administered the Sacrament of Confirmation in the Parochial Chapel of Ballyhaise to 300 children, and a good many adults. The preparatory instruction of the children was intrusted to the Rev. Thomas BRADY, Administrator, and the Rev. Philip SMITH, and the knowledge which the children manifested of the Christian Doctrine.
SUDDEN DEATH OF CHARLES JAMES ADAMS, ESQ.
ON the 23rd of August this good man died suddenly of appoplexy, whilst he was walking in his garden at Shinan-house, in the neighbourhood of Shercock, county of Cavan.
The death has plunged into the depths of grief, a large circle of friends and relations, whilst to the (illegible) of his own locality his removal is an irreparable (illegible),
As he was one of the best of men--a magistrate, and a resident landlord, who loved his home and his country--it is but justice due to departed worth to (illegible) record some memorial of one of so beloved in life and lamented in death. This memorial the writer--who knew him long and well--wishes to in-(?) in a Cavan paper, and as he was a subscriber to the Anglo-Celt, he trust its publisher will give publicity to his paper to the following outline of his character:--
Charles James ADAMS was the youngest son of the Dr. Benjamin ADAMS, who spent a long life as a Clergyman of the Established Church, in this county, in early life, he was a curate at Shercock, afterwards he returned to his beloved "Retreat", near Cootehill, where he died in extreme old age.
Charles died rather young--62 was the number of the years, as we saw it inscribed on his coffin. His constitution was naturally strong, but it is likely it suffered a good deal--during the hard service he went through at sea--during the wars with the French. He was a Captain in the Navy, and returned at the end of the war with French. Of late years, he suffered a good deal in health, by periodical attacks of the gout; and the death of his son, William, some two years since, deprived him of his daily companion; and he wept his loss, I may say, every day since his death.
Two sons survive him, the eldest is a lieutenant in the army, and is now sailing, it is supposed, with his regiment to the East. The youngest is still spared to weep over the tomb of the best of fathers.
He had four daughters, all married, two of them to clergymen of the Established Church, and the others to gentlemen of property, in Cavan and Monaghan.
His wife died many years ago, and Mr. ADAMS remained almost alone, for some time past, and felt very acutely his isolated condition. This feeling of loneliness was after all a blessing; it drove him to seek society in good books, and he spent several hours every day in reading his bible, and other religious works. For several years before his death, he had a presentiment(?) that his end was near, and this feeling wrought a salutary change in his moral sentiments, weaned him from the things of earth, and pointed his eye to a better land.
The religious tone of his conversation gave evidence of the happy state of his mind, which was ever reverting to the ideas and sentiments, which were supported by daily converse with the Holy Scriptures.
These writings fed his mind with good thoughts, and they lent a softening influence to his feelings and conversation; he had a tender heart, which often melted at the sight of woe; and his abounding charities during the long years of famine, which left many a family homeless, and helpless have left his name and kindness deep engraved on the memory of many a sorrowing widow and orphan, who shared his bounty, and were fed around his doors, and some- times supplied with his own hands.
He loved society, and his hospitality was carried sometimes to an extreme; he felt so happy in his circle of friends; delighted so much in hearing and telling the stories and anecdotes of the years he once had seen; that it seemed as if his age was renewed, and his spirits revived, when he entertained those friends he loved to meet around the festive board.
By habit, taste and education, he was a conservative in his politics, a protestant in his religious views--and was not a bigot. The liberty he claimed for himself he nobly extended to others--to think, judge and act on their own responsibility.
There was but one genus, a rather strange one, it is true which his heart loathed. It comprised that mongrel race of libertines, who are ever talking of civil and religious liberty--but are utterly unfit for and unworthy of either.
He was the open and many opponent of turbulent bad men and we never remember seeing him more excited in spirit, then, when he was once rebuking a little knot of agitators, who were for stirring up bad feelings in the neighbourhood, and by their mischievous schemes deluding the poor people, who are ever the dupes of heartless demagogues.
The death of such a man is a heavy loss to more than his friends-- it will be long felt by his domestics and dependents.
He was not only a benefactor to the destitute poor, who abounded in his populace and poor locality, but he was a large employer, he kept on his lands a number of hands all the year round, and now that he is gone, who will employ these labourers? With him they earned their daily bread, and without work they cannot live. To the neighbouring class, his death is a heavy blow--it will be long felt--they showed that they felt their own loss, as they followed in tears the hearse that bore away their benefactor to his last resting place.
The mournful procession left Shinnan House at an early hour on Saturday morning, and moved slowly and sadly away to the family burial ground, within the old roofless church, in the adjoining parish of Knockbride.
Within the ivy-mantled walls of that old ruin of a church, all that is mortal of this kind hearted man now lies. There too lie his venerable father, his beloved mother, and his own son.
On a tablet of marble, inserted in the wall of the new church, we observed with emotion the record which filial affection has reared to the memory of his parents and there are hundreds here who remember his venerable father, the kind neighbour, the humble minded pastor, and the faithful minister, who loved, and kept his bible in his heart and family, and these too will join in the wish expressed by his son, when he erected this tablet to the memory of his parents, and closed the inscription with the prayer:
REQUIESCANT IN PEACE
In that crowded cemetery, the sleeping ground of so many generations repose, I may say, all the members of the Adams' family. To this long list is now added the name of Charles James ADAMS, of whom we feel happy to be able to say, that he lived, mindful of his end, and sudden-- and to be lamented through his death he--yet it did not come upon him unawares, as he lived daily in the exercise of faith and prayers. We cherish the hope that he is now united to the people in that happy world, where sorrow is unknown....
August 29th, 1854
On the 24th instant, at Donnybrook Church, by the Rev. Edward FORDE, Robert Francis O'BRIEN, Esq. of Rockfield, county Cavan, youngest son of Acheson O'BRIEN, esq., of Drumsilla, J.P., and D.L., for county Leitrim, to Eleanor Sarah, second daughter of Henry FORDE, Esq., of Loughnavale, county Dublin.
On the 26th of July, of cholera, in Albany, America, Mr. John M'CULLUM; and on the 9th of August his wife and infant were both cut off by the same fatal malady. They had emigrated a short time since from the neighbourhood of Cavan, and were both cut down in the prime of life in that strange land which has proved a grave to many Irish emigrants.
August 24, at Bundoran, William, eldest son of Christopher NIXON, Esq., Killiglasson House, Black Lion, aged 16 years. The many virtues that adorned his youthful career will be remembered long by all who knew him.
CAVAN PETTY SESSIONS.--Monday, August 28
ONLY A WEEKLY TENANT
William HAGUE v. William GODFREY
The action was possession of a house in Lurganboy. Mr. Robert HAGUE applied as an apprentice to have the case called out of its order as he wanted to go and attend to his business. Mr. MONTGOMERY, he said, would prove the service of the notice, and he (Mr. Robert) would prove anything else. The leave was recorded.
Mr. Robert HAGUE sworn--Proved that GODFREY was a weekly tenant, although he paid only at intervals of eight and four months, he being a sweep who had money coming in to him at those times for public business. His defence evidently was--
Mr. DOPPING--Never mind his defence, let him tell that himself.
The receipts were produced and showed that he paid for so many weeks on all occasions.
Mr. SMITH--Does he owe any rent?
Mr. HAGUE--He does five weeks' having paid up all he owed last assizes in the usual course.
Court--It is clear enough that defendant is a weekly tenant; let there be a decree to possession.
MASTER, MISTRESS, AND MAN
Bernard M'LENNAN v. Richard BRADY
A charge of leaving service before the time which he was engaged to serve expired.
Messrs. John AMRSTRONG and E. M'GAURAN appeared for the complainant, and Mr. M. TULLY for the defendant.
Mr. TULLY called for the evidence of Bernard, but Mr. ARMSTRONG said that Bernard was a nonentity, the wife, an active shrewd woman did all his business, for he took a drop too much himself.
Mr. TULLY--Surely he does not drink more than his wife.
Mrs. M'LENNAN examined by Mr. M'GAURAN--Proved the hiring of Richard BRADY, for a certain time, at a certain rate, and that he left his employment before his term was expired. She sent after him and the messenger was told--
Mr. M'GAURAN-Oh! never mind he will tell himself.
Cross-examined by Mr. TULLY--Hired BRADY in July; paid him something; how much, is none of Mr. TULLY's business.
Mr. TULLY--Did you give him more than a halfpenny worth of tobacco.
Witness--That same could not be got without money. I gave him eight pence worth.
Mr. TULLY--Where did you put him to lie?
Mrs. M'LENNAN--What's that to you?
Mr. TULLY--I am inquisitive and must know.
Witness--On a good straw bed in the kiln.
Mr. TULLY--Were the geese his bed-fellows?
Witness--No, they were not.
Michael DOWD proved to the hiring of the defendant by Mrs. M'LENNAN; he left about three weeks after he hired; defendant was well treated and never complained; witness was only treated in the same way; but defendant lay in the kiln not up stairs.
Cross-examined by Mr. TULLY--Defendant slept on the loft in the kiln with another boy from the poorhouse. Defendant asked to be he hired two days before the contract was entered into; did not see or hear of defendant receiving any bad treatment.
Mr. SMITH said that he had doubts on the subject, for defendant it was alleged, hired for four months for 7s. 6d. and this was clearly far too little.
Mr. TULLY said he would call for the evidence of Bernard, he got due notice that he would be examined to-day, and his name is in the summons. His evidence is important for the defendant.
Mr. TULLY's defence was, that when defendant went back to his work, Bernard threatened to kick him.
Mr. DOPPING recollected quite well the notice given last court day that Bernard's evidence would be required, and it was quite fair that it should be seen whether defendant did not get cause to leave the service.
Defendant to the court--The reason he left was because he was paid only in halfpenny worth of tobacco, and 'whereas washing was promised to him he only got one shirt washed during the entire three weeks he was in M'LENNAN's. Besides, he got no blanket but only a bag to cover him at night.
Mr. ARMSTRONG wondered at the remark. A verbal notice was given last court day that complainant's evidence would be required, and who would not agree that it was a most unusual course for a defendant to think of summoning to give evidence, the man who appeared complainant in a summons against him.
The case was postponed for an hour that M'LENNAN might be able to appear.
After the hour M'LENNAN appeared and was examined by Mr. M'GAURAN--Never gave reason to defendant to leave his service; never said an angry work to him.
Cross-examined by Mr. TULLY--Even after he went away and came back, witness never threatened or had an angry word with BRADY.
It was believed that BRADY had left his service unjustly, but punishment was not insisted on against him.
"KEEP OFF THE GRASS"
Peter BRADY v. Bernard WALLS
A charge for trespass of defendants sheep on complainants clover.
Mr. BRADY's herd proved to the trespass, but could not specify the day on which it was committed.
Mr. BRADY himself told that the offence was alleged to be committed on the day he ordered the summons and that was the 1th.
The Magistrates ruled that this was no evidence of the date and WALLS could not be forced to defend himself against a charge committed at some indefinite period.
The complaint was dismissed, Mr. SMITH remarking that the defendant should rather enter into the merits of it.
DRUNK OR SOBER
CODY and FERN v. SODEN
A charge for being drunk at Stradone.
We reported this case fully a month ago, when the magistrates disagreed upon it and only give now whatever new facts come to light. CODY proved that when he met SODEN on the road he was 'very drunk;' He had met him before on that night at widow CULLEN's and did not arrest him because he had a man to protect him and see him safe home, and on cross-examination, asserted that the reason why he did not arrest him when he saw him first, was because he could not say that he was then drunk; even though he had another man with him to protect him he would have arrested him when he saw him last. Did not charge Frank HIGGINS with being drunk.
FERN corroborated CODY; SODEN was drunk when witness met him, and was worthy of being arrested when SODEN was first seen he was evidently after taking liquor, but he was drunker when seen secondly. Thinks SODEN would not be able to go home; he might or he might not; thinks he might not have as well have stood on his head.
Michael MARTIN was barrack orderly on the night in question. SODEN was brought in and he was drunk. Witness put on his coat which he was not able to do himself. Then put him into the lockup where he did not go to see him afterwards. H never asked a drink during the time he was there; thinks SODEN was so drunk that it would not be safe to trust him to go home.
Cross-examined by Mr. M'GAURAN--If a man was half drunk and then dragged 200 or 300 yards along the road it might make him more drunk in some cases and more sober in others. Witness was the guard from whom SODEN escaped on a previous occasion when he was taken for being drunk; knew him well when he saw him; did not fall asleep on that night a policeman seldom does when he is on guard. SODEN knocked during the night twice and asked to go home, or to be allowed to get out and warm himself; he never asked to get out to the yard or for a drink.
To Mr. DOPPING--The only thing he did before I put him in the lockup was to ask about his money and to seize a piece of paper which he put into pocket, saying "thank God I have this any way."--He was not able to put on his coat and staggered when being brought into the lockup, and those were the proofs he would give of his drunkenness.
Sergeant BRENNAN alleged an acknowledgment in the morning by SODEN that he was drunk, and had acted badly by the police, and called on James REILLY to corroborate him.
James REILLY sworn--Heard a conversation between SODEN and Sergeant BRENNAN, in which BRENNAN accused SODEN of being drunk according to the policeman's report, and SODEN said that he was not drunk, and that the policemen dragged his cloths off him. He did not say a word of having acted rashly with the police, but showed his shins which were all bloody and full of cuts, and complained that his arms were as badly off. He also spoke about his wanting a drink during the night.
To Sergeant BRENNAN--Heard SODEN saying to querist if he would allow him to go home and summon him without dragging him in that day to Cavan, he would feel obliged. In witness's presence SODEN never acknowledged drunkenness or misconduct on his own part, but the contrary.
Mr. THOMPSON--How do you reconcile these two things--that he said what he took had effect upon him and that he was not drunk?
Mr. M'GAURAN--He comes here to corroborate the sergeant which he has quite failed to do, and not to reconcile all that SODEN may have spoken. Besides, it is clear enough that liquor might have an effect on a man who was not the same time drunk.
Francis HIGGINS was with SODEN on the night in question; saw CODY and FERN that night after SODEN had gone towards his own home, CODY saw he was drunk and should go to the barrack and brought him by the collar towards the barracks, assisted by FERN. They then let him go on seeing that he could walk and even run. SODEN was not drunk then, he would not say that he was sober, but he was able to work at will he is now.
To Mr. THOMPSON--Could not drink a quart himself or even a pint as he judges.
Mr. M'GAURAN--Tell Mr. THOMPSON that you will go over by and by and try.
MR. M'GAURAN left the case in their worships' hands. Were the police worthy of credit? Did they accuse HIGGINS of being drunk, for they asserted that they did not? If they did they were unworthy of credit for he was a disinterested witness, whereas their officer was here present to report the police and have them punished if they did wrong. SODEN alleges vindictiveness and gave sufficient reasons why there might be such a feeling against him. If there was a feeling, if SODEN thought he was sober, then he was one would think he acted properly enough, for it can never be in this country that any man could crush his follow and maltreat him but of private pique. The police are a useful body, but the powers they wield are so great that they ought to be strictly looked to and narrowly observed in all their movements.
Mr. ERSKINE though that SODEN was drunk.
Mr. SMITH thought so too.
Mr. THOMPSON agreed with them.
Mr. DOPPING adhered to his former opinion; he did not believe SODEN drunk.
SODEN applied for an appeal.
Mr. THOMPSON--You are only fined 5s. and you cannot have a right of appeal unless you are fined a pound at least.
MR. M'GAURAN--Fine him a pound or two, if you like.
Mr. THOMPSON--No, I think five shillings are enough to meet the justice of the case.
MR. M'GAURAN did not agree; if his assault was unjustifiable he ought to be fined more than a pound.
It was then resolved the SODEN be fined 5s. for being drunk; and five for the assault with costs and this precluded the right of appeal.
Mr. SMITH--I must say if the policemen on the night in question had left SODEN to go home peaceably they could not be accused of a dereliction of duty. For this reason I would impose a fine of 6l.
IMPORTANT TO BUYEES AND SELLER
William SMITH, J.P. v. James HAMILTON
A charge of refusing to pay complainant's servant girl for some butter she sold him.
Mr. ARMSTRONG alleged that Mr. HAMILTON, residing in Newtown- butler, the magistrates here had no jurisdiction over him.
Mr. THOMPSON said they had, as it occurred in a fair.
Mr. ARMSTRONG contended that the act relative to fairs or markets gave them only jurisdiction so long as the fair lasted, or a power to decide thereupon on adjournment.
Mr. SMITH--I beg your pardon; there is not a word of what you are saying in the act.
Mr. ARMSTRONG--No, but is for common sense to take the construction I put upon it.
Mr. THOMPSON--I confess I have great doubts on the matter, but would you not advise your client to waive that technicality and get into the merits of the case.
Mr. SMITH said it was brought under the jurisdiction of a magistrates by his signing the summons.
Mr. THOMPSON believed that the words "at once submitted to a magistrate" were precise and determinate on the matter. He did not agree that because Mr. HAMILTON resided out of the district he was, therefore, unamenable but he believed that being brought under the fair and market act, it should at once be brought under the cog- nizance of a magistrate.
MR. SMITH--The fact of the magistrate signing a summons on the subject was a kind of hearing of it.
Mr. THOMPSON hardly thought so, for all the parties were not there present so that it could be said a hearing took place.
Mr. DOPPING entering his opinion as to the construction of the act was taken. It was favourable to the interpretation of it by Mr. ARMSTRONG.
Mr. ARMSTRONG--Then you dismiss it.
Mr. DOPPING--Surely you will not stand on the mere law, independent of equity or justice. The point is a nice one like every one that Mr. ARMSTRONG raises, none of which are brought forward without reason in their favour, but it is not every one who can see them.
Mr. ARMSTRONG persisted in standing upon the rigour of the law and the dismiss was recorded accordingly
County Cavan Newspaper Transcription Project
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