Cavan Observer
Published in Cavan, county Cavan

September 4, 1858

AWFUL ACCIDENT.--On Sunday morning, a woman named Emily WYNDHAM, came by a most sudden and lamentable death in her residence, Bond-street. The poor woman had been standing on a stool, in her own kitchen, reaching for something on the top of a press, when the stool gave way from beneath her, and she fell on her head on a cradle beside where she had been standing, and, sad to say, broke her neck. She expired in a few minutes after the dreadful accident. The unfortunate woman was the wife of a labouring man, and has left six children, the youngest being three months old.--"Belfast News-Letter."

MYSTERIOUS DEATH IN DUNGANNON.--The melancholy death of a young man, named NELSON, an apprentice to Mr. BARTON, a watchmaker, of Dungannon, has excited considerable sensation in that town. The following are the particulars:--The lad, who was about nineteen years of age, was of rather peculiar habits--somewhat precocious, of very small stature considering his years, impressed with the strange conviction that "everyone's hand was on him," and was of a distant, reserved disposition. As watchmakers occasionally use poisonous matters in trade, such as nitric acid, &c., he had now and again been sent to the shop of Mr. MOONEY for them. On the evening before his death he proceeded thither, and purchased a pennyworth of arsenic. The matter excited no surprise at the time, but Dr. MOONEY took the usual precautions upon the sale of poison by entering the name of the person to whom it was sold, and the day and date. The lad was seen that evening about ten o'clock, and he appeared somewhat dull, but as he said he was a little unwell no attention was paid to the matter. Nothing further appears to have been known or heard about him until the next morning.--Then a servant girl of Mr. BARTON left the house, and was proceeding to milk some cows, when she found NELSON lying in the cowhouse apparently insensible. She called a neighbouring girl, and they poured water on him, both being then under the impression that he had surfeited with whiskey or other narcotic. He was next carried into the house and put to bed, and when Mrs. BARTON was acquainted of the case, she directed a doctor to be sent for....Dr. HAMILTON soon visited him, and we understand that he was of opinion that the lad was under the influence of whiskey. He returned to his surgery to procure some emetic or other prescription for such a case, and when he next arrived at BARTON's NELSON was dead....An inquest was held on the body before Dr. KING and a jury. No definite cause of death was pronounced by them, and, accordingly, the body was buried. But the result did not satisfy the public feeling; and by order of the town commissioners, the body was exhumed, in order that a post mortem examination might be made, and the cause of death might be ascertained. The result of the analysis of the contents of the stomach, we are informed, was that minute particles of poisonous matter were discovered. So melancholy a case of self-destruction it was seldom been our lot to record.--"Tyrone Constitution."

MELANCHOLY ACCIDENT.--It is our painful duty to record, this week, one of the most afflicting examples of the dreadful effects of intoxication which has come under our notice for a lengthened period. On Tuesday night last, Mr. Wm. BENSON, painter, Main-street, Cavan, having gone home in a state of inebriety, fell down stairs, and, being unable to rise, was carried to bed in an unconscious state. He fell out of the bed, however, and a pillow was placed under his head, while on the floor, by his wife, as he could not be got into bed again. His wife and one or two of his children watched by the bedside for some time; but, not imagining that there was any danger, Mrs. BENSON, after a while, left the room, leaving one of the children for the purpose of calling her, should any accident occur. Up to this time the unfortunate man had breathed very heavily; but a few minutes afterwards, the little girl was alarmed by not hearing her father breathe. She immediately screamed for assistance, but it was too late--he was quite dead. An inquest was held on the body, on Thursday, by W. POLLOCK, Esq., coroner, and a verdict in accordance with the above facts was returned. What adds to the melancholy nature of the case is that deceased (who was an intelligent man, and a clever artisan) has left a numerous family--a wife and eight young children--totally unprovided for, to lament his untimely death.


By Dr. Babington

Bernard LEE, for allowing his ass to stray upon the public highway, was ordered to pay costs.

John GIBBINS, for similar offence, to pay 6d. and costs.


Peter FITZPATRICK, of Glancurn, v. John BRIARTY, Michael BRIARTY, and James JOHNSTON

The complainant stated that he was herding his mare, on his own land, on Sunday week; that Michael BRIARTY came up to him, and challenged him with having allowed the said mare to trespass on his (BRIARTY's) holding, as he had seen the animal's footprints on the entrance thereto. This complainant denied, whereupon BRIARTY knocked him into the ditch, and beat him well, besides. BRIARTY's father then came up, and told him to "lay on him," "the scoundrel," "the robber," &c. Complainant afterwards managed to get to his feet, when he procured a stone, with which he threatened to knock out the brains of the first person who should molest him. JOHNSTON caught hold of complainant, and took the stone from him, but did not strike him.

Bernard FITZPATRICK, father of the complainant, corroborated his son's testimony.

The defendants, not being able to produce evidence to contradict the foregoing statement, were sentenced to pay 10s. each and costs, or a week's imprisonment, the third of the fine to go to the plaintiff.


James BURKE, a sewed muslin agent in the employment of the Messrs. Stewart and Co., Belfast, prosecuted two girls named Bridget CHAPMAN and Bridget SMYTH, for having detained work beyond the time specified, and with having returned it in an unfinished and filthy state.

Mr. BURKE said these girls had taken out the work on the 28th of May last; that they were to receive 2s. 4d. for each piece; and that they had not returned it until after they were summoned, when they brought it back unfinished, and in such a state as to render it almost useless. It was, he said, a matter of daily occurrence, the object of parties being to defraud the company of the thread.

Dr. Babington referred to the Act, which punishes, with a heavy penalty offences of the kind; and he would give them their choice either to finish the work, or be fined in the mitigated penalty of 2s. 6d. each, if that would satisfy Mr. BURKE.

Mr. BURKE said the detention of the work was a very serious loss to his employers, as they, in consequence, lost the market for sale of such goods; but he would be satisfied with his Worship's decision, provided the defendants were cautioned...The value of Bridget SMYTH's work, the pattern on which is almost defaced, would be about 1s. 6d.

Miss CHAPMAN agreed to have her portion finished in the course of eight or ten days, but Miss SMYTH would not undertake to complete her's, as she was at service, and could not work at it.

Dr. Babington intimated that she should either pay for the muslin or go to jail, as he thought it but right to protect the employers in such cases. Bridget, therefore, thought it best to pay the value of the muslin and did so accordingly.

James BROWNE and Jane BROWNE (two juveniles) charged James NELSON with an assault, on Sunday, week, when they were going to church.

His Worship, after hearing the evidence, said the matter was of such a trifling nature, that it was not worth while to bring it into court, and he would only fine NELSON 6d. and costs.

Hugh CAFFREY, for having some lime and sand on the footpath in the public street, was ordered to pay costs.


Sub-Constables SHELLY and EVANS charged James LEE, Patrick LEE, Philip DONNELLY, and James NOLAN with having been drunk in the streets of this town on Sunday night, and with having thrown stones at a crowd of persons who had pursued them through the streets.

Sub-Constable SHELLY made an additional charge against James LEE, for having assaulted him, whilst under arrest, by making several "treacherous kicks" at him.

His Worship said he was inclined to take the most lenient view of the matter; but there was no doubt the conduct of the prisoners was most reprehensible. He would, therefore, fine them 2s. 6d. each, including costs, except James LEE, who should pay an additional 2s. 6d. for the assault on Sub-Constable SHELLY.

Some other unimportant cases were heard and disposed of, after which his worship rose.


August 27, at Cullies, county Cavan, the wife of Nathaniel MONTGOMERY, Esq., of a daughter.


August 31, at Killeshandra, Eleanor, wife of Mr. C. BOYLAN.

August 31, at 66, Queen-street, Dublin, after a few days' illness, Mary, relict of John FITZPATRICK, Esq., late of Killeshandra, in this county, aged 74 years, deeply regretted by a numerous circle of friends.

September 11, 1858

SERIOUS ACCIDENT--On Thursday evening a young man named John M'CABE, a nailor, belonging to this town, fell from a wall near the Millstream. He had been crossing the wall, for the purpose of making a "short cut" to his own house, when his foot slipped and some loose stones fell on him, fracturing his leg in a dreadful manner. He was immediately removed to the Infirmary, where he still remains.


Before T. THOMPSON, Esq., N. MONTGOMERY, Esq., and Captain CARDEN

Bridget TIERNEY v. Thomas BRADY

Bridget's complaint was as follows:--On Monday last she was going on a message to the town of Ballyhaise, and, on her way thither, she met a troop of the defendant's geese, in a certain lane. In order to prevent them from making an incursion into her father's territory--a practice to which, it seems, they were addicted--the fair defendant cast a stone at them, whereupon they set up a most musical cackle of distress, as is the custom of these intelligent creatures when interrupted in their avocations. The cackle of the goose saved imperial Rome once, if the historians are to be credited; but the cackle of Mr. BRADY's geese brought poor Bridget into trouble; for defendant (who was reaping in an adjoining field) came to the rescue of his feathered retainers, and, by way of revenge for the insult offered them, spat in her face, and kicked her well besides.

For this ungallant and un-Irish proceeding, the avenger of feathered dignity was fined 2s. and costs.


Mr. ARMSTRONG, who appeared for the plaintiff, stated that the object of his client in bringing this case before their worships was to recover damages for injuries done to a road leading to a quarry on his property, from which the defendant, in his capacity of road contractor, had been drawing stones, gravel, &c. The road had been made by SCOTT, at his own expense, and defendant had not kept his promise to repair it when occasion required. He (Mr. Armstrong) was prepared to prove, by parties who had seen it before and after it was used by defendant, that it was much worse now than before MULLIGAN commenced to resort to the quarry in question, and that £10 would not pay for the requisite repairs.

MULLIGAN said he had no objection to pay any reasonable damages; that, in fact, he had asked SCOTT to bring a man, and that he (MULLIGAN) would bring another, in order to ascertain the proper amount, but the plaintiff declined.

It was finally agreed that they should procure competent judges to determine the amount MULLIGAN should pay.

Peter TULLY, of Stradone, complained of his servant man, Patrick CULOVILL, for absenting himself, without leave or any reasonable cause, from his employment, on Monday last, and not returning until Friday. Complainant said he did not wish to part with defendant, or punish him in any way, as he was a very good worker; all he wanted was to put a stop to his leaving whenever he took the notion.

Mr. Thompson--How often has he absented himself in this way?

Complainant said he had been away two or three times, making, in all, twelve days.

Mr. Thompson--Stop a shilling out of his wages for every day he has been absent, and we'll fine him 2s. 6d. besides.

William M'KINLEY prosecuted three lads named John MAGUIRE, Pat MAGUIRE, and James WIGGINS, for trespassing in the Farnham Garden, on Sunday last.

Thomas REILLY swore that he was in Dr. CARSON's garden on the above day, and that defendants, who were in an adjacent garden, called him names, in consequence of which he chased them, and saw them run through an opening in the hedge into the garden.

Thomas SMITH also saw them run into the garden, but could only identify two of them--John MAGUIRE and WIGGINS.

The Magistrates were of the opinion that the trespass had been committed through their anxiety to escape from REILLY, and fined John MAGUIRE and WIGGINS 6d. each and costs.

Michael O'HARA v. Catherine M'KENNA

O'HARA swore that he had some con-acre potato ground from Mrs. M'KENNA, for which he was to pay £9 an acre; that the potatoes were in the middle of a meadow, on which Mrs. M'KENNA kept her cows, and were unprotected in any way; that, on the 24th ultimo he found five head of cattle in his potatoes, on the 25th, ten, and on the 29th eight.

Mr. M'GAURAN, solicitor, who appeared for Mrs. M'KENNA said he was not there to deny that the cattle had been on the potatoes, but contended that there was no trespass, inasmuch as the land belonged to Mrs. M'KENNA, and the cattle had merely strayed off the aftergrass, the con-acre being situated in the centre of a meadow, without any fence or protection whatever. His client was, however, willing to pay for the damage done, which in his (Mr. M'Gauran's) opinion must be very trifling, and it would be for their worships to determine the amount.

O'HARA, on being examined by Mr. M'Gauran, said he would not swear what the damage might be, as it was impossible to tell.

Two witnesses were produced who swore that 2s. 6d. would more than compensate for the injury sustained. Mr. Thompson thought it would be a rather difficult thing for any man to say what damage might have been done, and gave it as his opinion that from the soft state of the ground at present, owing to the late heavy rains, the footprints of the cattle would be much deeper, and the water that would lodge in those holes might ultimately descend to the roots and rot them. The Act, he said, contained a scale of fines for trespass, namely, 6d. a head when on plain or pasture land, and double that sum on crop.

Mr. M'Gauran--Yes, but the magistrates have a discretionary power to increase or decrease, as the circumstances of the case may require.

Mr. Thompson--I think 6d. is the minimum, with power to increase it to any sworn amount of damages. His brother magistrates coincided with him in this opinion, and they would therefore grant a decree for £1 3.--a shilling a head for twenty-three cows--and costs.

John COLLINS summoned Wm. FINLAY, of Drumaherk, for allowing a cow and heifer of his to trespass on complainant's land on the 28th of August.

Mr. FINLAY said he had offered to pay COLLINS for the trespass, but he refused to accept the money. Fined 6d. a head without costs.

John CLARKE and Thos. CULLEN sued James REILLY, hotel-keeper, Cavan, for a balance of wages due them for mowing defendant's meadows.

CLARKE's evidence was to the effect that he had been employed in cutting Mr. REILLY's meadows last year at 5s. per acre; that this season Mr. REILLY sent for him, and ordered him to procure another man, which he did, and both then commenced their work; had no agreement with Mr. REILLY, thinking the terms were to be the same as last year; received cash from defendant occasionally, which he considered "subsistence money."

Mr. REILLY said he understood the plaintiff's to be working for 2. 6d. a day, and had paid them at that rate from the commencement; had no agreement with them whatever.

Their Worships decided that the men should be paid the 5s. per acre, there being no definite arrangement between the parties.

Michael CAHILL, who gave himself up to Sergeant WITHERS on Saturday, as being a deserter from the Cavan Militia, not having been present at the late training, was brought up in custody.

The prisoner (who looked very haggard) stated that he did not know the regiment had been up for training in July. He was at that time in the hospital at Manchester, suffering from rheumatic pains. He left the hospital on the 15th of August, and came over here for the purpose of joining his regiment, which he understood was to be called in on the 7th of this month.

The Bench ordered him to stand out on his own recognizances until the truth of his statement could be ascertained.

Their worships then adjourned.


John and Edward CONNOLLY and John GRADY were charged at the Capel-street Police-office with violently assaulting Patrick FLYNN, in a public-house, at Church-street, on the 26th ultimo. It appeared from the evidence of the complainant who is one of those individuals whose love of what they are pleased to term "fair play" leads them to be perpetually interfering in quarrels of every description, in which they invariably come in for the lion's share of whatever kicks or boxes that may happen to be going, that on the night of the 26th ultimo, he went into a public-house in Church-street, and after remaining there some time, he got into a row with the prisoner GRADY, and they adjourned to a larger room than the one they had been in, for the purpose of seeing it out. The other prisoner and some friends, who happened to be present interfered, and with one accord they all proceeded to attack the complainant, whom they beat and kicked in such a manner that he had to be removed to the Richmond Surgical Hospital, where he remained for nearly a week.

Mr. C. FITZGERALD, jun., who appeared for the prisoners, asked the complainant if he were not what was denominated amongst the inhabitants of the district in which he resided, as a "rowdy boy?"

Complainant--I am not a "rowdy boy;" I am a mechanic. I was never in prison for any dishonorable turn, only for getting drunk. I always fight fair, unless when I see too many against me.

Mr. M'DONNELL--He said, when the case was first brought up that he would not fight with boys, but with men.

Complainant--That's all, your worship, if I get fair play.

The waiter of the public-house in which the assault was committed was examined--He said that when he went into the room in which the men were quarrelling, the complainant was asking them to "get him a man to fight with." The complainant then struck CONNOLLY, but was immediately afterwards attacked by all the men, who beat him very severely.

Mr. FITZGERALD said that although the complainant might have been too severely treated, yet it was his own fault, for he went into the room and caused a quarrel by asking some one to fight with him.......

Mr. O'DONNELL--This man has suffered very severely. I am very much disposed to take his view of the whole proceeding, that the assault was committed in furtherance of an old quarrel. I say I am disposed to take that view, for if he had any evidence I would send all the prisoners for trial at the sessions, where they would be dealt with severely. I will never tolerate any man giving vent, in a public-house, to an old grudge, and committing such an outrage as this. All the complainant seemed to want was to vindicate his character and he has done so. He has exhibited a manly feeling in being willing to forgive those men. As he has done so I will order them to be discharged upon entering into their own recognisance to keep the peace.

September 18, 1858

SERIOUS ACCIDENT ON THE DERRY AND ENNISKILLEN RAILWAY--Yesterday morning an accident of a serious nature, which will involve perhaps the loss of life, occurred on the Derry and Enniskillen Railway line, at a place called Pubblestown, within half a mile of Newtownstewart. A little girl named Margaret EGAN, was driving a horse and cart across the line, when the 7:45 train from Derry came up and ran into the cart, breaking it in pieces, and throwing the little girl off the line to a considerable distance. On being picked up, it was found she had received a fracture of the skull. Dr. HAMILTON and Dr. DOAK were promptly in attendance, and rendered every assistance in their power, but there was no hope for the girl's recovery. Mr. COLLINS, the engineer, stopped the train as soon as possible, but in consequence of there being a curve in the line it was impossible for him to see the cart until he was within a short distance of it. We should state that when the train dashed into the cart it broke it to pieces, and the horse being disengaged, galloped away with the shafts of the cart trailing behind him until he was subsequently stopped.--"Belfast Mercury."


On Saturday, the 11th instant, the wife of Mr. James FRITH, CAVAN OBSERVER Office, of a daughter.

ABORTIVE ATTEMPT AT BURGLARY--ONE OF THE PARTY SHOT--During Friday night last a servant, named CUNNINGHAM, in the employment of Captain THORNHILL, J.P., at Ballina, near Ballycumber, in the King's County, who was then absent in Dublin, heard a noise, which he supposed to be occasioned by the footsteps of a number of men in the yard attached to the premises. He got up, and having armed himself with a gun, went out when he saw a man standing in advance of several others. He asked this person their business, and received no reply, he snapped the gun at him, which did not go off. CUNNINGHAM then returned to his master's house, and having put on the gun a fresh cap, he entered the yard, and again challenged the man, and receiving no reply he then fired at him and wounded him, so that he fell, when his companions immediately came up and carried him off. The party are unknown, and the police, as usual in all such outrages, have failed to make any detection. It is supposed that taking advantage of Captain Thornhill's absence, a wholesale robbery of his house was intended, which was thus happily frustrated.



Under "The Court of
Chancery [Ireland,[
Regulation Act, 1850
Section 15

In the Matter of
SAMUEL FISHER, Petitioner;

EDWARD SHARPE, Respondents

PURSUANT to the Order bearing date the Third day of August 1858, I require all Persons having claims affecting All That and Those, that part of the Town and Lands of CLIFFORNAGH, situate in the Parish of Laragh, Barony of Tullygarvey, and County of Cavan, containing thirty-three acres, Irish Plantation measure, or thereabouts, with the Mill, Kiln, and Houses thereon, and two acres of Turbary, being the Lands, Tenements, and Premises in the petition in this matter mentioned--the Real and Freehold Estate of the Respondent William Armstrong, of Woodlodge, in the County of Cavan--to come in before me at my Chambers, Inns' Quay, in the City of Dublin, on or before the First day of October next; in order that same may be proceeded on and roved according to the general orders of the 19th of May 1857.

Dated this 7th day of August, 1858.
WILLIAM BROOKE, Master in Chancery
JOHN DUDGEON, Solicitor for said Petitioner.
No. 19, Parliament-street

A BOY ACCIDENTALLY HANGED.--On Saturday last, Francis, the only son of Mr. MALLON, of Mullyards, came by his death under the following circumstances: Fastened to a beam in his father's house, the boy, who was just ten years old, had a swing, in which he used to seat himself by standing on a form. It appears that on this occasion there happened to be a halter thrown over the same beam. When the boy was about to adjust himself in the swing, the form on which he was standing upset, and in falling to the ground the headstall of the halter became entangled round his neck. There was no person in the house at the time; and the poor boy, unable to extricate himself, was almost immediately strangled. An inquest was held on the following day by Arthur R. KAY, Esq., coroner, and the jury returned a verdict in accordance with the facts.--"Armagh Guardian."

IRISHMEN IN AMERICA--The principal lawyers in New York are Irishmen--as, indeed, is the case all over the country. Dick BUSTEED and Jim BRADY, both natives of the Emerald Isle, are at the head of the profession here. Many, if not all, your Irish readers will remember, Thos. SAVAGE, who, at a very early age, became foolishly implicated in the troubles of 1848, and was expatriated in consequence. He is now domiciled at Washington, as editor of the STATES NEWSPAPER, where his raw-head-and-bloody-bones order of patriotism has entirely left him. He has recently completed a tragedy in five acts, entitled "Sybil," which is to be produced during the winter, the principal role being filled by a gifted young actress, who is now studying the part. She is enthusiastic concerning the merits of the piece....."New York Correspondent of Morning Post."

September 25, 1858

DIOCESE OF KILMORE--On Tuesday last, the 21st instant, the Lord Bishop of Kilmore collated the Rev. John RADCLIFF, M.A., to the Rectory and Vicarage of Killargue, in the diocese of Kilmore, and county of Leitrim.


Rose REILLY, for an assault on a little boy named Pat SMITH, was fined 2s. 6d., and costs.

Rev. Mr. M'CAULEY summoned a Mr. TEEVAN for the purpose of receiving damages for trespass by defendant's cattle, which had roamed into a field belonging to complainant, who, it appeared had no fence to protect his property against such invasions.

Mr. M'GAURAN, for defendant, did not deny the trespass, but asked his worship to grant an order for having the fence made, as his client was willing to make his portion of it, and had applied to the Rev. Mr. M'CAULEY to make the other. The river Erne, was the only mearing between the two properties, which at times, at this particular place, was quite dry, so that the cattle could, at any time, walk across into Mr. M'CAULEY's fields.

Mr. ARMSTRONG, who appeared for Mr. M'CAULEY, said his client was willing to bear half the expense of making the fence, and suggested that it should be left to any two men whom the plaintiff and the defendant might name, to decide on the requisite length of the fence.

This was agreed to, Mr. TEEVAN undertaking to make the fence on his own side of the river, and to pay 6d. each for the 10 head of cattle sworn to have trespassed on the occasion in question.

Bridget CONLAN, at the instigation of the Guardians of Cavan Union, sued Hugh FITZPATRICK for 5s., the amount of wages she was to receive for half a year.

The girl's statement was that she had only lived a fortnight with FITZPATRICK, at the expiration of which she was compelled to leave, in consequence of having, after the first couple of nights, be a put to sleep in the same room with the servant man, who, as Mrs. FITZPATRICK told her, was a very "quate boy," but who had, notwithstanding that lady's very high opinion of his moral character, attempted to take improper liberties with the complainant. She told her mistress his conduct, and the "boy" was so indignant at this, that, when churning, he used to leave it all to herself to do, in order to compel her to leave the place, which she accordingly did.

His worship ordered FITZPATRICK to pay the 5s., with costs.


A POLICEMAN STABBED.--On Friday night week a subconstable of police, named WHELAHAN, stationed at Clonmore, near Phillipstown, King's County, went to the house of a plasterer named GRADY, to whose daughter he was paying attention against the wishes of her father, who was then absent. WHELAHAN remained in the house until twelve o'clock, the only inmates of which then were his fiancee and another young woman. At this hour GRADY unexpectedly entered the house, and became so violently excited at the presence of WHELAHAN that he assaulted him furiously with a knife or some other sharp weapon, with which he inflicted several severe wounds on various parts of his body, from the effects of which he now lies dangerously ill in the County Infirmary at Tullamore.

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