Published in Cavan, county Cavan
October 5, 1854
On Monday se'ennight the remains of the late John Copeland JONES, Esq., passed through this town to their last resting place, attended by a great number of persons of all classes and denominations. Mr. JONES, who died in England, will be long regretted by his tenantry in CAVAN and Meath, and more especially the labouring classes, to whom he was at all times a friend, indeed.
MILITARY PROMOTION--IN a late announcement from the war office, we find the following:--
46th Foot--E. J. DUMARESQ, Geth(?) to be Ensign by purchase, vice COOTE, promoted.
Every person knows of the 46th, but every one does not know that the Mr. COOTE who has been promoted is a Cavan man, son of the late Richard COOTE, Esq., of Bellamont Forest, Cootehill, whom Captain NICHOLAS is said to have treated so grossly. Promotion is a good thing; we wish it for all our countrymen, particularly for hose who are more immediately connected with us, but we confess that we would wish it in many another regiment rather than in the 46th--of the snub--- young---and more especially poor officers, don't recollect notoriety. At any rate, the promotion was due to Mr. COOTE, if it were only to compensate for the indignity which it is alleged was put upon him.
THE CHOLERA--A poor man passing from Glasgow through Belfast, we supposed, to his own country was found by Dr. WADE, of Belturbet, on Saturday evening last, near Castlesaunderson, evidently labouring under cholera. He was removed into Belturbet dispensary, and, though, every care was bestowed on him, he died there on Sunday morning at seven o'clock. Considerable alarm was created in the town and vicinity, but the event has proved how groundless it was, for there has not been anything that could be at all construed into a presence of the disease there since.
COUNTY OF CAVAN -- DIVISION OF CAVAN A List of Applications received by the Clerk of the Peace from persons seeking Excise Licences for the sale of Beer, Spirits, &c., by Retail, within said County.....
Sureties 1 BRADY, Denis Cavan Thomas TILSON, of Corratubber, and John M'DOWELL, of Drummurry, farmers 2 COCHRANE, Adam Ballyjamesduff David KELLETT of Virginia and James M'QUAID, farmers 3 CONNATTY, John Kilnaleck Peter CONNATTY of Kilnaleck, and Charles SMITH of Coolkill, farmers 4 CURRAN, Anthony Arva Thomas CURRAN, Shopkeeper, and Stephen REILLY, Baker, both of Arva 5 LYNCH, Robert Arva Henry M'KNIGHT, Gentleman, and James REILLY, farmer, both of Arva 6 MURPHY, Margaret Belturbet Francis RICHMOND, and Laurence CURRY, both of Belturbet 7 MOORE, Patrick Corilspratten Robert WIER of Corlispratten, and Arthur IRWIN of Dernaweil, farmers 8 MOORCROFT, Ralph Arva John ELLIOTT of Cortober, and Wm. COOKE of Corfree, farmers 9 SMITH, James Stradone
Cavan, September 22nd, 1854 Gustavus Tuite DALTON Clerk of the Peace for the County of Cavan
October 12, 1854
COUNTY OF CAVAN DIVISION OF COOTEHILL
A List of Applications received by the Clerk of the Peace from persons seeking Excise Licenses for the Sale of Beer, Spirits, &c., by Retail, within said County...and enquired into at Cootehill on TUESDAY, the 17th day of OCTOBER next, immediately after the Grand Jury is sworn.
No. Name Residence Parish Barony Sureties 1. ALLEN, John Kingscourt Enniskeen Clonkee Owen CAROLAN of Collops and Nicholas M'KEON of Corlea, farmers 2. CLINTON, Michael Bailieborough Bailieborough Clonkee Patrick M'MAHON of Cormeen and James M'MAHON of Farthoho, farmers 3. CAFFRY, John Mullagh Mullagh Castleraghan Patt FITSIMONS of Mullagh and Francis REILLY, of Mullagh, farmers 4. DONNELLY, Anne Killann Bailieborough Clonkee Charles REILLY and James HOWE, both of Killann, farmers 5. DUFFY, Mathew Crossmakeelin Shercock Clonkee Thomas GIBSON of Lisball and Charles CAROLAN of Crossmakeelan, farmers 6. DUFFY, Peter Kingscourt Enniskeen Clonkee Patrick MOORE of Beloughly and Peter BYRNE of Kingscourt, farmers 7. FLOOD, Patrick Bailieborough Bailieborough Clonkee Michael CLARKE of Curkish and Laurence HALTON of Rakeevan, farmers 8. FARRELLY, Bailieborough Bailieborough Clonkee Bernard DUNN of Carnalynch and Laurence HALTON of Rakeevan, farmers 9. LYNCH, Joseph Shercock Shercock Clonkee Charles LYNCH and Thomas MAGUINTY of Lisdrumfad, farmers 10. LYNCH, Mathew Cootehill Drumgoon Tullygarvey Mr. Samuel FISHER and Mr. John M'QUAID of Cootehill, Merchants 11. M'KEON, Thomas Ballynacargy Drung Tullygarvey Thomas REILLY and Moses FANNON, both of Ballynacargy, farmers 12. MAXWELL, Patrick Cootehill Drumgoon Tullygarvy Mr. Samuel FISHER and Mr. John LOGAN, both of Cootehill 13. TIERNEY, Thomas Virginia Lurgan Castleraghan Francis DENHAM, and Robert FITZPATRICK of Virginia, gentleman 14. WARD, John Muff Enniskeen Clonkee Charles REILLY of Gallonboy and Michael WARD of Corryholman, farmers
Cavan, September 27, 1854 Gustavus Tuite DALTON Clerk of the Peace for the County of Cavan
EDUCATION--We understand that Mr. Francis TULLY of this town is anxious to deliver a public lecture in the Court-house, if he can procure the use of it, or in any other suitable room, on the all-important question of Education. We have seen a portion of the MS., and are disposed to augur favourbly of it.
SHOOTING AN EYE OUT--We have been informed that Mr. JOHNSTON, of Drumshimmuck, was held to bail at the last petty sessions held in Derrylinn, before Messrs. HOLMES, R.M., and MAGUIRE, J.P., for shooting the eye out of a boy named CURRY, who was pulling sloes, as he alleged, in a hedge near his (JOHNSTON's) orchard. The occur- rence took place more than a month ago, and what is specially strange in the matter is, that the magistrate to whom application was made first, refused to listen to the case at all. The boy is under the care of Dr. O'DONOVAN of Belturbet, and there are yet but slight hopes of his recovery.
A REAL MARRIAGE IN COOTEHILL--Considerable excitement and gossip prevailed in Cootehill on Wednesday last (yesterday) in con- sequence of Mr. Edward BROWN, Registrar of Marriages for the district, having married a rather young man of the name of Thomas JOHNSTON, of Ashfield, near Cootehill, at nine o'clock on that morning, to Miss Ellen M'CREEDY, who was present when her father, the late Joseph M'CREEDY, was stabbed in the abdomen, near Newbliss, on the evening of Sunday, the 17th ult., by Francis HOPKINS, one of her then suitors, whom she courageously disarmed of the knife with which he inflicted the wound, and of which he died on the night of the Wednesday following. We noticed the circumstance in this paper at the time of its occurrence. HOPKINS awaits his trial in gaol for the offence, at the ensuing assizes of Monaghan.
CAVAN PETTY SESSIONS--October 9, 1854
Magistrates present--Theophilus THOMPSON, J. A. NESBITT, John DOPPING, R.M., and Joseph STORY, Esqrs.
SELLING WHISKEY AFTER HOURS
Michael PURCELL v. Hugh CULLEN
A charge for having his house, at Stradone, open at half-past twelve o'clock on the night of the 25th September, and persons drinking therein.
Mr. CULLEN alleged that the persons found in the house were lodgers, bona fide.
Thomas HOSEY proved that he was one of the persons drinking in Mr. CULLEN's on the night in question. He lodged there that night.
To the Court--Had not taken his bed before the police came in.
Mr. NESBITT--Then I propose that the full penalty, £2, be imposed in consequence of the defence set up.
Mr. THOMPSON--It is not our general court to impose the full fine for the first offence.
Head Constable MOORE--I think the last act fixes the penalty for the first offence at ten shillings.
PURCELL asserted that CULLEN was fined two years and a half ago for the same offence.
MR. M'CABE being appealed to, said that the fine was, for the first offence, 2l., the magistrates having a discretion to reduce it to one fourth.
Sergeant BRENNAN said he had no complaint whatever to make against CULLEN's house.
Mr. THOMPSON said, in the circumstances, he would impose a fine of one pound.
DESECRATION OF THE SABBATH
Sergeant BRENNAN v. Peter M'KEON
A charge of dressing stacks of oats on Sunday last.
Same v. Felix M'KEON
A similar charge.
Both were ordered to pay the cost of the summons and discharged.
Henry HAUGHTON v. William SAUNDERSON
A charge that defendant's calves were in plaintiff's grounds.
Mr. HAMILTON appeared for the complainant.
John DONEGAN, plaintiff's boy, proved the trespass, and that his master's fences were reasonably good.
Defendant alleged that the mearing was not a good one.
Court--That is no defence. You should serve plaintiff with a notice that his fences were bad, and if he does not mend them, then summon him. You are fined six pence and costs.
Same v. John MOORE
An application was made by defendant for postponement as he was ordered to keep away from the excitement of public meetings.
Mr. HAMILTON--But he has one to manage his business and he should answer for him here. My client's top-dressed ground is trespassed upon by defendant's twelve cows and is he to have no redress for it?
Same v. William Moore BLACK
Mr. THOMPSON said he had a note from Mr. BLACK stating that he was ill of gout and could not attend. The Bench were unanimous in postponing the case.
MR. HAMILTON--I think a medical certificate, and not a note to your worship, was the course for Mr. BLACK to take.
Mr. THOMPSON--We have postponed the case.
MR. HAMILTON--Of course I cannot help you, nor alter your decision.
WAYLAY AND ASSAULT
Patrick MULLIGAN and Hugh HILL v. Hugh CORKAN, Thomas FLOOD, Patrick M'NALLY, Thomas TIERNEY, and John SHERIDAN.
A charge of waylay and assault. Hugh HILL sworn--Went with Pat MULLIGAN to SHERIDAN's house last Sunday three weeks. SHERIDAN lives in Cullentragh. On their return Hugh CORKAN went with witness discoursing him, so did SHERIDAN; they were looking behind them constantly when M'NALLY came up and knocked down witness and kicked him, so did FLOOD; witness got away, when TIERNEY came to him and struck at him, but witness got shooting by. SHERIDAN did nothing to witness but refused to assist him when he called on him.
To Mr. NESBITT--Went to Mr. HUMPHRYS who ordered witness and MULLIGAN to summon; MULLIGAN has stagged since and does not appear.
Mr. DOPPING--I think there is no charge against SHERIDAN, so we may bring him forward as a witness in the case.
Mr. NESBITT--He is an accessory after the fact, by not assisting HILL when he called on him.
Witness to Court--MULLIGAN was struck as well as he.
To Mr. DOPPING--Witness' side was all black with the kicks he got.
To Mr. THOMPSON--Can assign no cause for the outrage; never had any interference with the defendants.
Hugh CORKAN, TIERNEY, and M'NALLY, were sentenced to six weeks imprisonment at hard labour, and SHERIDAN for one month, as an accessory after the fact.
A warrant was ordered to issue against FLOOD who did not appear.
Thomas MILLS v. Peter M'LENNAN
Same v. Luke CAFFREY
A charge of assaulting complainant who was gamekeeper to Mr. BURROWES of Stradone, on the 30th July last.
Complainant had been prosecuting some men for killing rabbits in MR. BURROWES' demesne, when, as he was returning home, CAFFREY kicked and boxed him. M'LENNAN did nothing nor did witness ask him for assistance; asked CAFFREY why he struck him but got no answer; cannot say whether CAFFREY was sober, but he appeared to be so.
To MR. DOPPING--Did not strike CAFFREY in return, witness's leg was black where CAFFREY struck him.
To Sergeant BRENNAN--Witness had some groceries under his arm which spilled out on the road and CAFFREY tramped upon it but can- not say whether this was intentionally.
Peter M'LENNAN sworn (the magistrates being decided that he was a competent witness as not being inculpated,) did not see CAFFREY strike complainant, but heard another boy telling him not to do so.
Sergeant BRENNAN--CAFFREY acknowledged to myself, your worships, that he was guilty, but was hearty at the time.
It was ruled that CAFFREY should be fined half a crown and costs, or in default, to be imprisoned for forty-eight hours.
THE DISADVANTAGE OF GREEN CROPPING
Peter CLARKE v. James LEE Same v. Pat RAHILL
A charge of stealing complainant's turnips. How could he stand this? His landlord was obliging him to sow turnips and put guano upon his grounds, for that purpose, and the country was taking them away.
Mr. HAMILTON who appeared for defendants, interrogated complainant and ascertained that they only took away two turnips on the occasion charged.
The Bench ruled that the defendants should pay one shilling each, with costs.
October 19, 1854
HARVEST HOME AT DANESPORL--On Tuesday, the 16th inst., the Right Hon. and Very Rev. Lord FITZGERALD and VESEY, L.L.D., Dean of Kilmore, gave a sumptuous dinner and tea to eighty persons, his lordship's tradesmen, labourers, &c. The guests did ample justice to the roast beef and plum pudding...The whole was conducted under the immediate superintendance of the Honourable Miss FITZGERALD and her sister, who were unremitting in their kind attention to the guests.... All separated, peaceably at an early hour.
A CHILD EATEN BY A SOW--Last week a fine child belonging to a person named CONAGHTY, residing in the townland of Kill, near Kilnaleck, was left alone in the house, some occasion calling the rest of the family out for a time. The first that returned, met a sow outside the door, having in its mouth the child, quite dead, and already half devoured.
THE TURNIP--We have seen a specimen of the turnip crop grown by Dr. KELLY, of this town, on the farm which he holds from MR. M'LENIHAN, of Ballyhaise. The specimen now before us weights 111bs. in measure- ment it is 30½ by 25½ inches. The seed was purchased from Mr. Edward KENNEDY, Cavan, and sowed in June last. It is the white stone turnip. The manure was guano. Mr. M'LENIHAN deserves high credit for the encouragement he gives his tenants to grow green crops, and improve upon the agriculture of bye gone years.
THE VICTORS OF THE ALMA--Amongst the officers of whom honorable mention is made in the despatches of the Lord Raglan, are Lieutenant Colonel AINSLIE, of the 93rd, recommended by the Duke of Cambridge, and Major, the Hon. Edward PAKENHAM, recommended by the writer himself. Both these gentlemen are connected with this county, the former from his relations to the family of Mrs. HUMPHRYS of Ballyhaise House, and the latter as being nephew of Lady FARNHAM. Both were wounded in the engagement. Another of the Anslie's died of cholera on the 25th ult., at the seat of war.
CAVAN QUARTER SESSIONS
(Continued from last week)
Michael M' CARRET was charged with stealing £15 4s. from the person of Christopher RORKE, in Cavan, on 14th August last. Christopher RORKE examined by Mr. Benjamin ARMSTRONG--Found prisoner with his hand in his (witnesses's) pocket, to which he had fifteen pounds rolled up in notes, silver, and gold. He was standing in Mr. M'GAURAN's shop at the time; seized prisoner's hand on the moment, and held it until he gave him up to the police. The money was gone. It was there three minutes before he caught the prisoner's hand. Though the hand was held, still prisoner got it out of the pocket, and could easily have given it to some one of four or five others who were round him, and had their arms about him.
Cross-examined by Mr. KNIPE--Came to the fair to sell cattle. Drank none before he sold the cattle, but drank one or two half glasses after- wards. Caught no other person but the prisoner, nor did he accuse any one else.
Guilty. There being no proof of any previous conviction here, the prisoner was sentenced to twelve months imprisonment at hard labour from his committal.
John DEMPSEY, for stealing potatoes from the garden of Henry HAUGHTON. Guilty. Four years' penal servitude.
ONLY A SUSPICION
Patrick M'CABE was charged for stealing seventeen pounds from the person of William MORROW, in Armagh, on 1st May last. The prosecutor proved to his having the money in Mr. COSTELLOE's in Arvagh, and that the prisoner threw his arms round him, and, after, he got him off, he missed the money.
James MORROW, sister to last witness, proved to seeing a person like witness outside COSTELLOE's door.
Court--There is nothing but suspicion against him. Acquitted.
James DEGNAN v. Bernard SHERIDAN
An action for recovery of two acres of the lands of Drumrockady, belonging to the plaintiff, as assignee of one John CAHILL, on termination of a demise for six years made to the defendant.
Mr. TULLY stated the case--CAHILL assigned to his client part of the lands of Drumrockady, including the two acres in question, which he said were leased to defendant for six years. When that term expired, ejectment was brought for recovery, but a lease purporting to be for three lives was produced, and a dismiss obtained. After the trial in this court, some men who were drinking with defendant took the lease from him and it was sought for this to blacken DEGNAN's character, as if for his own purposes he had the man robbed of his lease. That lease came into the hands of the parish priest or curate, and from them into possession of Mr. M'CLINTOCK, Sub Inspector, in whose hands it now was; he, Mr. TULLY, was prepared to show of it that it was a fabrication, a forgery, and could be no bar to the plaintiff's title.
Mr. SWANZY, who was on the same side with Mr. TULLY, produced the assignment, and then put the defendant on his title--the alleged lease for three lives.
G. F. H. M'CLINTON examined by Mr. KNIPE--Knew Jas. SMYTH; saw him write; he went to America, and witness heard that he was dead, (the lease handed to him); believe that the name 'James SMYTH' signed to the lease, as a witness, as in SMYTH's handwriting.
Cross-examined by Mr. SWANZEY--Can write himself; SMYTH told him that he was going to make a settlement between CAHILL and the SHERIDANs, and afterwards that he had settled all; he told him that he had filed the lease; this was in the end of 47 (the lease purported to have been executed 17th April, 1845).
Bernard SHERIDAN examined--Got a lease from CAHILL, which James SMYTH witnessed for; knows not who drew it; it was done before he saw it; paid £15 for what was therein leased to him.
Cross-examined by Mr. M'GAURAN--It is ten years since the first agreement between witness and CAHILL was entered into; that was for a six years leave; that agreement was not signed, there being some difference between the parties.
To the Court--All the parties signed the lease at the same time in the same house; knows not whether all wrote with the same ink or with the same pen; (witness's name was not written in the same ink which the other parties used).
Cross-examination resumed--Never said that the lease was brought to him to be signed when he was sick in bed; knows Patrick FLOOD; he is a middling decent man; never said to him that he had a lease for six years only; remembers when the lands in question were about to be sold by auction; does not remember Mr. GIBNEY the auctioneer stating, that he, witness, had a lease of part of the lands for six years.
Examination resumed--The lease was taken out of the house this time twelve months by night; gave information to the police and magistrate; did not see it for twelve months; then saw it with MR. M'CLINTOCK in Arva; a rap came to the door on the night it was stolen, and, on question being put, who was there, a voice replied, one with a note from Dr. O'REILLY of Ballinagh; the door was opened, and some persons came in and ransacked his chest, and presenting a pistol at witness, told him he had only a few moments to live; 'short enough said I'; 'you are a stout fellow, and I must treat you,' was the reply; a bottle whiskey was brought in, but witness would drink none of it.
Cross-examination resumed--The priest got the lease and sent word to witness to come for it, but he would not; the priest was afterwards detained in Arva Court until the lease was forthcoming, and witness knows not that he told the magistrate how the priest had sent for him.
Patrick FLOOD examined by Mr. TULLY--Often had conversation with SHERIDAN, as to these lands......
Laurence CLINTON examined by Mr. KNIPE--Remembers a meeting in his house in Ballinagh about a lease....
Plaintiff examined--Proved that John CAHILL died in 46, and James CAHILL went to America in 1847; the hand writings to the lease are not those of John and James CAHILL (produces); admitted hand-writing of those parties in proof.
This worship declared his conviction, that the deed was a forgery.
MR. KNIPE still insisted on a dismiss, as no evidence of a lease for six years to and at a certain time, had been given, and it was, as if such a lease had determined, that the ejectment was brought.
Mr. SWANZY insisted that there was such evidence in the testimony of FLOOD, and in the fact that at a public auction the existence of such a lease was mentioned, and was not contradicted by the defendant who was present.
The Court ruled with Mr. SWANZY, and granted a decree to possession.
CIVIL BILLS NESBITT v. SEWELL
An action for breach of warranty in a horse, sold to plaintiff.
J. A. NESBITT, Esq., proved that, wanting a horse, the defendant came to him and offered one; witness asked was he all right; defendant replied, I never knew anything wrong with him; witness then said, on your recommendation I will take him as he is, and give you a pound more than I think he is value for. I will give 16l.; this was all; witness knew not whether this was a warranty, but he did not much regard it, as he wanted not money, but to expose chicanery under the garb of religion; defendant being a sanctimonious one and a Methodist Preacher (roars of laughter).
Defendant examined--He did not pronounce the horse all right, as he believes. Mr. NESBITT took him as he was, being informed that he would draw, would take with the whip, and was of a forgiving temper.
Mr. NESBITT--Did you not say to my servant, when I sent to inform you of the lameness, that you sold the horse, and got the money which was all you wanted?
Witness--Could not say.
______GREGG examined--Was at the sale; the horse trotted, and he went along well enough for a heavy horse; thinks he was sound; Mr. NESBITT took him as he was; Mr. NESBITT's confidential man (ARMSTRONG) told witness since that Mr. NESBITT had no just complaint against defendant, as he took the horse as he was.
Mr. KNIPE--Did you not say that SEWELL was a rascal for not taking the horse back?
Witness No. Mr. COCHRANE--Is it to call his reverence a rascal?
The Court ruled that there was no engagement and the case was dismissed.
BEATTY v. HILL Mr.
James ARMSTRONG opened the case--it was an action for 15l. for defendant, having taken possession of a bog, plaintiff's property, and prevented him from cutting turf thereon; defendant (agent to Captain ROEBUCK) himself got the bog for plaintiff in 1850, and he possessed it from that time up to this year.
Mr. M'GAURAN, on the part of the defendant, pleaded right to the turf and bog, and that BEATTY's right was a mere permissive one, resulting from the kindness of Mr. HILL to his bailiff....
Martin BEATTY sworn--In April 1850, the landlord had a farm on hands, on which was some bog, plaintiff wrote to the landlord to get that bog; told Mr. HILL; he said, . 'I hope you will get it'. When Mr. HILL came from Dublin, he told witness he had got it, and they were to arrange the terms; plaintiff said he would give what was reasonable, 4l. an acre; Mr. HILL afterwards took that farm himself from the landlord, and said he would give to bog to witness (as long as he held the farm) for managing it for him.
To the Court--Never paid rent.
Cross-examined by Mr. M'GAURAN--Mr. HILL was agent there for some time; witness was steward for Mr. HILL--a faithful steward....
Mr. John ARMSTRONG put in evidence letter of Mr. HILL to Captain ROEBUCK in May 1850, stating that BEATTY was to give 4l.; an acre for the bog.
Charles HILL, Esq., sworn--When the farm became vacant, by the ejection of the tenant, Captain ROEBUCK thought of keeping it in his own hands; witness took it afterwards as an amusement for himself; he let BEATTY cut turf on it, until he came to know him and found him dishonest
The court ruled, that there was no possession by BEATTY, but a mere permission to cut turf, through the courtesy of Mr. HILL. He was merely as the servant of that gentleman, and it would be monstrous to construe such kindness into a possession.
The case was dismissed.
CONOLLY a. David FINLAY
An action for 1l due for car hire in bringing in voters for Captain MAXWELL at the election if 1852.
Plaintiff examined by Mr. KNIPE--Was employed by Mr. FINLAY to drive in voters to Cavan in Mr. MAXWELL's interest; got a note also from Mr. FINLAY advising him not to drive himself, as he was a voter, and the bribery oath might come against him if he received any money for car hire. All the men he brought plumped for MAXWELL, and above all others, he was careful to exclude any friend of Mr. ELLIS from a seat on his car; surely did not for ELLIS himself.
Mr. FINLAY sworn--He never engaged CONNOLLY to drive in any voter; was no agent for Mr. MAXWELL that he could employ persons to carry his voters. Wrote to CONNOLLY about the bribery oath, but that was as the friend, not the agent of Captain MAXWELL.
The Court ruled, that there was no liability as far as Mr. FINLAY was concerned and CONNOLLY's claim was therefore dismissed.
DONOHOE a. REILLY
An action for assault. Mary DONOHOE, plaintiff examined--Was beat, abused, and trampled upon by defendant on 20th July last, when she went to vindicate the character of her child, whom he had insulted; her legs were bruised, her bones dislocated, &c.;
Cross-examined by Mr. John ARMSTRONG--Has a good tongue enough; did not curse defendant on the occasion in question, but rather poured benedictions on him; never said that she would kill him by cursing, as she had killed his cow and his wife by the same means.
Defendant examined--On the occasion in question, plaintiff gave him at once her own seven curses, and those of her five children; said she would kill him with curses, and read the 109th psalm backwards against him. Plaintiff--I did not, your worship. If I could kill by cursing it is not his cow I would kill.
Defendant's examination continued--Plaintiff brought him before the magistrates, and had him fined there in one pound.
To the Court--Cannot say whether he kicked plaintiff when he had knocked her down; thinks he gave her a little one, when she was leaving the door; does not know whether he tore her cap or gown.
Mr. ARMSTRONG insisted that in going to an inferior tribunal--the magistrates--she was barred all access to the superior one here.
The court ruled that, it was only as to a criminal tribunal she had applied to the Petty Sessions. Now she applied to a civil tribunal, and he would give her a decree for one pound.
KERNAN v PRITCHELL
An action for breach of warranty in a cow sold to plaintiff.
James KERNAN, plaintiff's son examined--Proved the sale and warranty by defendant, servant to Mr. SMITH, J.P. Defendant denied the warranty. Mr. SMITH's usual course was never to give an engagement.
Wm. SMITH, Esq., J.P., examined--Some of his cows were distempered last year, none this year. This cow, when she went to be sold was, as far as he knew, a most sound one. Witness sold at last Christmas eve a cow at a price little above that of the akin to M'GUINNELL a butcher in Ballynagh; she had died; does not know that the butcher intended to sell the carcass for Christmas beef.
Court--Is it possible that you, a magistrate, knowing your duty, would sell anything that might have been distributed amongst the people, so as to case all kind of distempers to arise amongst them.
Witness--Does not think that distempered beef would breed disease amongst the people. Besides that cow was not, he thought, distempered.
The Court knew nothing more calculated to cause disorders than unsound food.
Thomas DONOHOE proved to the engagement by PRITCHELL.
A jury consisting of Messrs. Thomas REILLY, Edw, PLUNKET, and James BROWN, was sworn to try the case. J
ohn MAHON--Is a butcher; saw the cow after about six days and knew by her that she had the distemper; opened her after she died and her lights were most diseased. The calf she had was a sickly one, too, and had to be killed.
Cross-examined--Few cows distempered to live a month.
Mr. SMITH re-examined--Sold three cows about a month ago to GUINELL the Butcher, one for 10s., one for 25s., and one for 30s. Two of them were incurably bad, of murrain, he is sure, and the other was pining from the time he got her.
Decree for nine pounds.
James MORRIS v. John William HENRY
An action for the labour in watching cattle, belonging to one Mr. KNIGT, which were left to an open field in consequence of defendant, as an engineer on the Midland Great Western Railway, having thrown down the fence.
Court--Who employed the plaintiff, Mr. ARMSTRONG?
Mr. ARMSTRONG--Mr. HENRY did not, your worship.
Court--Then let him look to him who did.
The case was dismissed.
COOTEHILL OCTOBER QUARTER SESSIONS
These Sessions commenced on Tuesday last before P. M. MURPHY, Esq., Q.C., Assistant Barrister for this county, Col. Henry T. CLEMENTS, J.P., Ashfield Lodge, Edward M'INTOSH, Esq., J.P., Cootehill, Theophilus CLEMENTS, Esq. J.P., Rakenny, Samuel H. MOOREHEAD, J.P., Fort William, and John VEEVERS, Esq., R.M., Bailieboro'.
Immediately after the sitting of the Court the Clerk of the Peace proceeded to call the Grand Jury, but only ten answered when called, in consequence of which they were by direction of the court, called under penalties of £6, and a great number fined in that sum; however, on petitions and affidavits accounting for their absence, having been presented to the Assistant Barrister on the day following (Wednesday), several of the fines were remitted.
After the list had been subsequently gone over and the jurors called upon the fines, the following persons were empanelled and sworn upon.
THE GRAND JURY
Patrick HORN, (foreman), John F. ELLIOTT, John BERRY, William MAXWELL, John CAMPBELL, Samuel FISHER, John SHERA, Joseph ADAMS, Edward COONEY, John DAVIS, John JOHNSTON. William MAHOOD, Edward MAHOOD, Charles M'COMB, and Edward SHARP, Esqrs.
His Worship briefly addressed them first stating his regret as the thin attendance of Grand Jurors at Quarter Session for some time past; he would therefore impose fines on all non-attending Jurors, to enforce more punctual attendance in future. He then concluded by congratulating them upon the lightness of the calendar, which was he believed the very lightest ever known in that division, which was an evidence of the peaceable state of that district of the county
THE SPIRIT LICENCES
The application of which there were fourteen served upon the Clerk of the Peace for license to sell spirits by retail within the Cootehill Quarter Session, division of the county, only eight of the applicants attended, to whom certificates were awarded. On the application of Hugh WARD, of Muff, one of them, Mr. VEEVERS objected to a licence being granted to any person for that place, as it was a locality disgraced by scenes of the greatest debauchery, and at the last annual fair, held there on the 12th August, he observed amongst others, a professional gentleman in a disgraceful state of intoxication.
Assistant Barrister--I hope that gentleman did not belong to the legal profession (laughter).
MR. VEEVERS--No--he belongs to the medical profession.
Barrister--I am quite delighted to learn that you did not allude to any of the legal gentlemen, attending the Quarter Sessions Courts of the county (laughter). After some further objections by Mr. VEEVERS, the licence was awarded to Hugh WARD on account of his good character, Mr. VEEVERS admitting that there were no less than sixteen sheeben houses on the neighbourhood, but he added that he would wish the assistance of the constabulary suppress them in a short time.
The following is a synopsis of the business to be transacted at these sessions, which on account of their lightness are expected to terminate on to-morrow--92 civil bill processes, 6 ejectments, 14 spirit applications, (8 granted,) and 8 crown numbers.
John ROSS, a young boy, pleaded guilty to an Indictment, which charged him with having stolen wearing apparel, the goods of David HALL, of Copenagh, out of his house at that place, on the 12th September last. In consequence of his youth, and that he had never been previously convicted, he was sentenced to only two months imprisonment at hard labour.
Mary HART also pleaded guilty to an indictment, upon which she was arraigned, charging her with having at Cortubber, on the 11th August last, stolen a silver watch, and wearing apparel, the goods of George PEATT. She was sentenced to be imprisoned for 6 months at hard labour.
CAUTION TO PETTY SESSIONS CLERKS
On the prosecutor, George PEATT, making application for an order of court for his expenses, in enumerating and making up which, he stated as one item of them, that he was obliged to pay the Cootehill Petty Sessions Clerk 3s. for informations, and warrant of committal, the Assistant Barrister ordered the Petty Sessions Clerk to appear before him, and enquired from him under what authority he made such a charge. To which the Petty Sessions Clerk replied that he made the charge under the 14th and 15th Vic., cap. 93. His Worship having procured the act, read from the 3rd section of same, the following items of remuneration to Petty Sessions Clerk. "For drawing each information, deposition, or solemn declaration, 1s. 0d."
Petty Sessions Clerk--Yes, your worship, but there was more than one information in this case.
Barrister--Well, further on the act says: "But the clerk shall not be entitled to receive a greater amount of fees for any set of informations, or for any set of summonses, or for any set of other documents of the same kind, in the same case than 2s. in the whole for each set, unless the justices shall specially authorize a greater amount, but not in case exceeding the above fees."
Barrister--I therefore caution, not only you, but all the other Petty Sessions Clerks in the county, not to attempt to exact any greater fees than those authorized by this act, as in every case in which they do so offend, I will order a public prosecution to be instituted against them.
Eleanor GARVEY, and Bridge MARRON were found guilty of having picked 3s. 6d. out of the pocket of Michael KELLY, an itinerant vender of books, in Bailieborough, on the night of the 15th September last. In consequence of their previous bad character, they being nymphs of the pave, they were sentenced to be imprisoned in Cavan gaol, and kept to hard labour for 1 month each
James HANIGAN, an old man who drives cattle for jobbers for hire, was indicted for having sold a bullock, the property of Rose M'KEONE, in the fair of Ballybay, on the 16th September last, for £3 17s. 6d., which he converted to his own use. In consequence of the good character which it was sworn the prisoner possessed--he alleging that he either lost or was robbed of the money in the fair, the jury acquitted him. Both the prisoner and prosecutrix reside in Cootehill. This case terminated the crown business.
Mr. James O'NEILL, having enlarged his establishment, begs to inform his friends and the public, that he has opened a spacious and commodious Hotel which, he trusts, from moderate charges and the attention he will pay to the wants and comforts of those who may favour him with the kind support, will insure him a large share of public patronage.
Well-aired beds, dinners, old malt whiskey, wines, &c., &c.;
His Posting Establishment is conducted as usual.
Carriages, Cars, and Hearses supplied on the shortest notice.
His Stage Cars run as usual to and from Inniskeen railway station, attending the trains.
Mr. O'NEILL has carried on the Coachmaking business in all its branches for the last eighteen years, and he trusts from the satisfaction he has given the nobility and gentry of the counties of Monaghan, Cavan, Meath, Fermanagh, Armagh and Louth, that he will receive their continued support.
October 2nd, 1854
October 26, 1854
October 14, at Searborough, the Hon. Mrs. PAKENHAM, of a daughter.
October 9, in Saint Thomas's Church, Dublin, James FARIS, Esq., solicitor, eldest son of Major FARIS, of Macken, in this county, to Mary Jane, second daughter of John M'MAHON, Esq., of Upper Gloucester Street, Dublin.
On the 18th inst., at the Presbyterian Church, Ormond Quay, Dublin, by the Rev. Dr. DILL, Thomas WILLIAMSON,, Esq., merchant of Dundalk, to Mary, youngest daughter of Henry MAXWELL, Esq., of Bailieboro' in this county.
October 16, in Booterstown Church, by the Rev. Charles J. BLACK, Mr. Henry Dudley FLETCHER, to Mary, daughter of Mr. James HUGHES, of Aughnamullen, county Monaghan.
Of decline, on the 11th inst., in the 37th year of his age, Mr. Leonard DOBBIN, of Leighan, student in connexion with the Presbyterian Church.
On Friday last, at Monkstown, county Dublin, William Hamilton ENERY, Esq., J.P., D. L., of Ballyconnell House, in this county. Mr. ENERY, who was in his 61st year, was deeply beloved by the people in the county, as being an indulgent landlord, a magistrate who knew to temper mercy with justice, and a liberal and extensive employer.
At Dublin, on Wednesday evening, the 18th inst., after a lengthened illness, Henry MITCHELL, Esq., Drumreske, county Monaghan.
At Tinnahinch, suddenly on Tuesday last, the Right Hon. Richard GRATTAN, eldest son of the immortal Henry's eldest son.
County Cavan Newspaper Transcription Project
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