Cavan Observer
Published in Cavan, county Cavan
April 2, 1859
BIRTH
March 29, at Muff House, County Leitrim, the wife of Colonel GABBETT, of a son.
DIED
July 27, at St. John's Antigua, West Indies, Mary Anne, the beloved wife of Mr. Wm. MERCER, and daughter of Mr. Edward FEGAN, of this town, aged 23 years.
GENEROSITY--On Sunday last, the remains of Mrs. SMYTH, wife of Patrick SMYTH, of Latoon, were interred at Ballyjamesduff. A great many respectable parties from Ballyjamesduff and the adjoining neighbourhood accompanied the funeral. Many thanks are due by Mrs. SMYTH's friends to the relatives of the Rev. W. HOGG, Presbyterian Minister, of Ballyjamesduff, for their kindness in subscribing toward the funeral expenses of the deceased woman.--D. B. Billis.
Friday evening last, a child named Margaret JAMISON, aged three years, whose parents reside at S_omish,in the county Antrim, while attempted to take a drink out of a churn, fell into (illegible) and was drowned.
PETTY SESSIONS COURT--MONDAY
(Before W. Babington, Esq., J.P.; Captain Carden, J.P., T. Thompson, Esq., J.P.; N. Montgomery, Esq., J.P., W. Tatlow, Esq., J.P.; and R. Hickson, Esq., R.M.)
Some trifling cases having been disposed of,
The Bench proceeded to investigate the charge against the parties implicated in the late riot and manslaughter at Ballyhaise.
The prisoners were three in number, viz.:--John REILLY, against whom a verdict of manslaughter had been returned at the coroner's inquest; Patrick TIERNEY, who had been preliminarily examined on Monday week; and Thomas REILLY, since arrested in Liverpool, while endeavouring to take shipping to America--the two latter being charged with riot and assault.
Mr. Knipe appeared for the defence.
The brother of the deceased man, a woman named CONNOLLY, and John CLARKE, whose arm was broken whilst endeavouring to separate the parties, were examined by the Bench, and cross-examined by Mr. Knipe, after which he applied that John REILLY should be admitted to bail, as he had only acted in self-defence.
The Bench, after considerable consultation, said they could not do so, as there was a charge of manslaughter against him, until they had submitted the case to the law advisers of the Crown, but would admit the two other prisoners to bail--themselves in £30, and two sureties in £20 each.
The Court shortly after adjourned.
CAVAN QUARTER SESSIONS
TUESDAY
The Quarter Sessions for this county opened in the court-house on Tuesday before
P. Murphy, Esq., Q.C., Chairman of the County of Cavan
On the bench with his Worship were the following magistrates:--W. Tatlow, D.F. Jones, T. Thompson, N. Montgomery, J. Storey, R. Hickson, R.M., R. J. Canning, Andrew Carden, J. Viviers, R.M., William Babington, and J. G. Tatlow, Esqrs.
THE GRAND JURY
Thomas Harltey, Esq., Foreman;
F. Kennedy, F. M'Cabe, F. Kilroy, H. Douglas, T. Malcomson, A. Kettyle, E. Fagan, John Murphy, G. Graham, D. Bigger, J. Davis, George Manning, T. E. Hudleston, and John Moore, Esqrs.
His Worship informed the Grand Jury that the business was very trifling, as there was only one crown case--a charge of robbery--for their consideration.
The Grand Jury then retired to their room, and his Worship proceeded to examine the applications for spirit licenses, some of which were rejected on account of informality.
On the return of the Grand Jury into court, they returned a true bill in the crown case, and were immediately discharged from further attendance.
John REILLY was then placed in the dock charged with having stolen a shirt and tobacco pipe from the house of Mr. Alexander M'LAREN.
The prisoner on being interrogated in the usual form, pleaded not guilty to the charge.
A respectable petty jury having been sworn, Counsel for the prosecution stated the case.
Mr. Alexander M'LAREN, on being sworn, stated that on the morning the goods were stolen, he left his house at an early hour, and did not return until evening; left the house in charge of his house-keeper; did not lock the door after him; the door did not require to be locked, but merely closed, and it then required a key to open it; had one key himself; his housekeeper had another; the articles in question were stolen during his absence; in addition to the articles named in the indictment some tobacco was also taken; identified the shirt;....is not positive as to the pipe; a policeman brought the prisoner to him after his arrest; his housekeeper was not in the house at the time he left it, but believed she was afterwards.
His Worship inquired whether the prisoner had any question to ask this witness. The prisoner said he had not--only he'd like to know if Mr. M'Laren could swear whether he (prisoner) was the person who entered his house. Mr. M'Laren said he could not do so.....
His Worship then charged the jury, telling them that there was no evidence to show that the prisoner had stolen the articles....the evidence only showed that they had been found in his possession....A jury after a short deliberation returned a verdict of guilty.....His Worship said he would sentence the prisoner to three years' penal servitude.
M. CLINTON v. ELLIOTT
The defendant is Sub-Inspector of police at Arvagh and was charged with having assaulted the plaintiff, damages were estimated at £20.
His Worship dismissed the case, as he was of opinion, from the evidence adduced, that complainant had committed no assault.
ELLIOTT v. ELLIOTT
This case arose out of the foregoing, and after a patient hearing of the evidence, and addresses of counsel on both sides, his Worship said the assault was proven, but the complainant had used very abusive language to the defendant. No words however could justify a blow, but the provocation might be taken into consideration, and though he considered the plaintiff entitled to damages, he thought a brass farthing a sufficient amount.
During the remainder of the day and the following the cases for hearing were not of any public interest. The Court sat for a short time on Thursday morning, and his Worship left Cavan on Thursday evening to attend the Ballyconnell Quarter Sessions, which commenced on Friday morning.
April 9, 1859
SEIZURE OF AN ILLICIT STILL--On Thursday evening Constable John DOUGLAS and party, while on duty in the townland of Ballindolty, near Rostrevor, accidentally came on a copper still, in working order, in the outhouse of Denis SLOANE, a farmer. There was also a quantity of "sluglings" and malt seized and destroyed. SLOANE was arrested and brought before Mr. POLLARD, who admitted him to bail for his appearence at the Warrenpoint petty sessions.--"Newry Telegraph"
ACCIDENTAL FIRE--On Wednesday evening, as the half-past three o'clock luggage train from Longford was passing the lands of Derrah, near the junction of the Longford and Cavan branch, a spark from the chimney of the engine alighted on the roof of an outhouse belonging to a farmer named Thomas LEAVEY, and set fire to the premises, which consisted of a barn and a stable. The barn contained a quantity of oats and some farming implements, but, fortunately, there were no cattle in the stable.--"Westmeath Guardian."
PETTY SESSIONS COURT--MONDAY
T. Thompson, Esq., J.P., Chairman
Other magistrates present:--W. Babington, Esq., N. Montgomery, Esq., J. G. Tatlow, Esq., and Captain Carden.
THE DISPUTED MIRROR
Robert TUBMAN charged John REA with having unlawfully taken away a looking-glass, the property of complainant, which he had purchased at an auction in Cavan. The auction was held at the house of a man named ARMSTRONG in the Main-street. Mr. CHADWICK was the auctioneer.
Defendant admitted having taken away the glass, but contended that he had purchased it from Armstrong on the day of the auction, for three shillings.
Complainant said he bought the glass in the regular manner, from the auctioneer, and then left it in charge of Armstrong and his wife. He gave four shillings for the glass.
Edward FINLAY deposed to having seen defendant purchase the glass on the day of the action from Armstrong.
The Bench gave directions that Mr. Chadwick should be sent for, in order to ascertain who was the original purchaser. On his coming into court, Mr. George CHADWICK was sworn, and stated that he sold the glass on the day in question to Mr. TUBMAN for four shillings; there were only two glasses for sale--one a "_____ranged" looking glass and the other a toilet glass, with swivel and slab; it was the toilet glass he sold Tubman, nobody else purchased the glass from him.
John Armstrong sworn and examined--recollects the day of the sale; the goods were his; sold the glass claimed by complainant to Rea for three shilling; Mr. Finlay told him complainant did not require the glass. Mr. Finlay denied having said so......
The Bench ordered that the complainant should get the glass....and that Armstrong should refund the money he received for the glass to Rea. Complainant applied for his costs, but the Bench declined to award him any.
WAGES
Luke REILLY of Drummuck summoned Peter SMITH, also of Drummuck, for £1 15s., due to him by defendant, for ploughing executed by him on defendant's land.
Complainant stated that he ploughed the land for defendant; his agreement was that he was to receive whatever sum was given in the neighbourhood; he was five days at the work, with a plough, two horses and two men; he was also a day putting out stuff, for which he had a horse and cart employed; fed his own horses; did not think his charge out of the way.
Defendant stated that on the 2nd of February the complainant came to him, and asked him for his work; said he would give it to him with the greatest pleasure if they could agree about the terms; complainant said they would not dispute about the terms, and that he would take whatever was going in the neighbourhood.....
Complainant--You had not right to make a bargain with any one but myself.
Chairman (to defendant)--You are clearly entitled to pay this money. A pair of good horses are worth ten shilling a day.
Mr. Montgomery--I am very glad to pay ten shillings a day.
Complainant--I could get the best plough in the neighbourhood for five shillings.
Chairman--Well, be more particular in making bargains in future.
Defendant said he would appeal.TRESPASS
George PATTERSON summoned James KELLY for having allowed his cows to trespass on complainant's land. It appeared from the evidence of complainant that their farms are separated by a stream, and that he had forgiven once before for having allowed seventeen head of cattle to trespass.
Defendant contended that there was no ditch or mearing on complainant's side of the river to prevent cattle from trespassing; had it paled twice at his own expense, and complainant had sent his children to take away the paling to enclose a cabbage garden....
Chairman (to defendant)--Have you any person to prove that he took away the palings.
Defendant--Yes, your worship.
Mary REILLY sworn--Saw complainant's children take away portions of the paling to enclose a plant gardenJames HICKS v. Mary M'DONNELL
This was also a case of trespass, but the parties were ordered to refer it to Mr. T. REILLY.
RIGHT OF WAY
Mr. John ARMSTRONG, who appeared for the complainant in this case, stated that his client, Mr. Thomas PATTERSON of Cavan summoned the defendant, Mrs. KELLY, also of the town, for having prevented him from having access to a field of which he rented.
Thomas PATTERSON examined--Rents a garden at the end of the town; Mr. KELLY also has some land next to it; had a pass through Mrs. KELLY's field to his own; it was Mr. Kelly showed him the pass when he took the fields and never faulted him for using it; on Thursday last Mrs. Kelly sent a man to stop up the pass; Mr. Kelly was not there at the time...
Cross-examined by Mr. Knipe (who appeared for Mrs. Kelly)--Asked Mr. Kelly's permission to use the pass. Mr. LOUGH had the land before but did not require to use the pass as he had a gate from the field...
Francis REYNOLDS, Mark PATTERSON, and Thomas REILLY were examined as to the existence of the pass in question for several years.....
Mrs. Kelly said she would write to Mr. BROOKES. Mr. Patterson said he would cause no inconvenience to her. Mr. Armstrong called on the Bench to inflict a nominal fine.
The Chairman then imposed a five of six-pence in each case.
CONTRACT
Hugh MURRAY summoned the Rev. Charles REILLY for a balance due by him to complainant for building a house.
After hearing the evidence, the Bench, with the consent of the parties, ruled that the matter should be referred to Mr. HAGUE, Architect.
THE BALLYHAISE MANSLAUGHTER.
Hugh SMITH summoned Michael BOYLE for having assaulted him on the 13th March.
Michael BOYLE had a cross-summons against SMITH for having assaulted his wife.
Both cases arose out of the late unfortunate riot, which resulted in the death of Bernard SMITH at Ballyhaise. Boyle was the person in whose house the riot occurred...
The Bench, after some consultation, dismissed both cases.
TRESPASS
James CARRICK summoned Elizabeth DOWNE for trespassing on his land. It appearing, however, by the admission of plaintiff that the defendant was a co-tenant with him, the Bench dismissed the case.
WAGES
Patt. BEGGAN summoned a man named DANCY for wages due by him to complainant.
Complainant stated that he had been engaged by defendant from November until May, at £3 2s; got 6s. 8d. out of this; had a falling out with another boy, and got hurt, so that he was not able to work.
Defendant said that the boy was able enough to work; that it was his own fault that he got hurt;....Complainant said he only wanted what was due to him.
Chairman--That's all very plausible; but we're not fools. A man is worth a shilling a day now, where he would not be worth eightpence in winter.
After some further discussion the parties consented to leave the matter to arbitration.
A TROUBLESOME CUSTOMER
Sub-constable FOSTER charged a man with having violently assaulted him in Ballyhaise.
FOSTER stated that on the night of the assault he was on duty in Ballyhaise; heard a noise in ARMSTRONG's forge, as if a man and woman were quarreling; went over towards the forge; Constable GIBBONS was with him; saw the prisoner, and being the lightest, followed him; the prisoner struck against him violently, and nearly knocked him senseless; prisoner then struck him, and endeavoured to take his carbine from him; prisoner had been drunk on the streets of Ballyhaise on the same day.
Constable GIBBONS corroborated this statement....
Defendant said that he had taken a drop that day and had a quarrel with some civilians; was trying to escape from them when he met Foster; did not think he was a policeman and would not have struck him if he knew he was; it was dark at the time....
Chairman--I suppose if they were civilians you'd have murdered them; but, as they were policemen you paid them a compliment.
The Bench sentenced the prisoner to ten months' imprisonment with hard labour.
Owen KELLY and ______ CONAGHTY were summoned for being drunk on the public road
Defendants stated in answer to the Bench that they had taken a little drop, as the day was cold; that they were going quietly home at the time, and that they were only a short distance from their houses; were well able to take care of themselves.
The policeman who preferred the charge against them said that they were staggering...
The Bench fined them 6d. each and costs.
Michael CURLY was brought up in charge of Sergeant-Major CHINNERY, of the Cavan Militia, charged with having absented himself from the late training of that regiment. The prisoner stated that he had gone to Belfast, and did not know that the regiment was embodied at the time.
In answer to the Bench, Sergeant-Major CHINNERY stated that the prisoner was a dealing man; that he had been a fortnight in gaol and that he would forfeit his pay for twenty-one days of the training, and his share of the bounty (1l.).
The Chairman said that the prisoner's excuse was a very lame one; that the punishment for the offence he was charged with was three months' imprisonment, but, as he had forfeited his pay and portion of bounty, they would order him to be imprisoned for a fortnight, in addition to his previous confinement.
EXTRAORDINARY CASE OF FRAUD
Samuel PICKENS, Patrick M'GOVERN, James KELLY, and a woman named WILSON were brought up in custody charged with having unlawfully induced a shopboy of Mr. LOUGH's to give them money and goods, the property of Mr. LOUGH.
The case came on for hearing in the early part of the day, but, as Mr. Lough made an affidavit that he was not prepared to go on with the case, it was postponed until the disposal of the other cases.....The hearing of the case occupied a considerable time, and several witnesses were examined for the prosecution; but, as the case will come before the public again, we abstain from publishing the evidence, for obvious reasons, this week.
At the conclusion of the case, the Chairman said that the magistrates felt justified, on the evidence, in sending the prisoners for trial, but they would accept bail for their appearance--themselves in 50l. each, and two sureties in 20l. each.
At the solicitation of Mr. Armstrong, this amount was reduced to--prisoners 30l. each, and two sureties, 20l. each.
The Bench then adjourned at half past six o'clock.
MARRIED
February 16th, at Sunderabad, Madras Presidency, by the Rev. J. OSTRAHAN, Frederick Pritzler MULLER, Captain of H.M. Royal Regiment, only son of Colonel MULLER, commanding the Depot Battalion at Stirling, grandson of the late General Sir Frederick PRITZLER, and nephew of Lieutenant-General Sir G. A. WETHERALL, Adjutant General of the Army, to Fanny Margaret, eldest daughter of Captain GOSSELIN, late captain of the 48th Regiment, Adjutant of the Cavan Militia, and grandaughter of the late Rev. Dr. CRAWFORD, Vicar-General of the diocese of Ardagh, County Longford.
EPITOME OF NEWS
Mr. P. J. KIRWAN, of the National Bank, Tuam, has been promoted to the Kilkenny Branch of the same Bank.
Private John RYAN, of the South Tipperary Artillery, who sustained a severe wound in the arm while at ball practice in Clogheen on the 11th of January, died on Thursday, his constitution having given way after the amputation of the arm, which was found to be necessary.
April 16, 1859
ANOTHER ARREST CONNECTION WITH THE SECRET SOCIETY CHARGES.--Yesterday evening, Henry TOYE, or more properly Henri D'Alton TIGHE, whose name occured so often in connection with the secret society charges in the late trials, was arrested at his house in Staunton street, by constable CANNING, of the constabulary assisted by sub-constables CROTHERS and BRITTAIN....--"Belfast Morning News of Yesterday."
LOCAL INTELLIGENCE
SHERCOCK PETTY SESSIONS--April 7
(Before Mr. MINNET, J.P., and Messrs ADAMS, J.P.)
ASSAULT.
Thomas BRADY v. Michael and Patrick MALONE and others.
Mr. DUDGEON, of Cootehill, appeared for the prisoner.
James BRADY examined--was labouring in the bog, about which the dispute arose on the 14th of March; Michael came shouting to where I was, and asked was there any "dirty brat" to come near him till he would stick them; he had a fork at the time; my brother, who was working along with me, told him that he did not want to quarrel with him; there were spades and shovels on the place, but I did not use them as I wanted to take the civil law; MALONE said he would stab me with the fork; my brother, the prosecutor, disarmed me of the weapon I had in my hand for fear of doing any harm. MALONE grasped a shovel that was on the place and struck my brother on the head; the bog that the dispute arose about is "cut-away" bog; the agent gave it to us, I have his letter here; (their Worships would not take the letter as evidence); the bog belonged to MALONE and others before we got it....
Thomas BRADY, the prosecutor, was next examined, and testified to the injury he received and which he said was inflicted by Michael Malone, who struck him violently on the head with a shovel...
William BRADY was next examined--Mr. REILLY came to view the estate and ordered the bog to be given to us in November last; was present when Malone struck my brother with the shoved; I allowed Mr. KELLY, who was then bailiff, to take part of my bog, and give it to a man named CARROLL, to make a straight mearing, and the agent said I was very reasonable for doing so.
Patrick MEHIN was examined and corroborated the evidence given by the prosecutor. Philip TACKNEY was also sworn, and said that when he came up to where the men were there was one of them lying on the road...
The evidence having closed here, their Worships gave the Malones into the custody of the police to be transmitted to Cavan Gaol, there to await his trial before the Assistant Barrister at the next Quarter Sessions in Bailieborough.
The prisoners have since been liberated on bail.
Some few trifling cases having been disposed of, their Worships adjourned.
CLONES QUARTER SESSIONS
These sessions were held on Saturday last, before the Chairman, James MAJOR, Esq., Q.C.
There were but few cases, and none of any public interest except the following:--
BREACH OF WARRANTY
NESBITT v. DAWSONMr. REILLY, who appeared for the plaintiff, stated the case as it appears in the evidence, and called the following witnesses:--
Richard NESBITT--I bought a bull from defendant on the 2nd of January; which animal he engaged to me to be all sound and right; the beast died within the week.
Henry REILLY--Is buyer and manager for Mr. NESBITT; was present at the purchase of the beast in question; the seller engaged him all right and sound; was particular in getting the engagements as he did not consider the animal in good health at the time; asked the seller why he was in such bad condition, when he said he had another bull which mastered him.
This witness was ably cross examined by Mr. WRIGHT, who appeared for the defendant.
_______ GEANY--Is herd to Mr. Nesbitt; I was present at the sale of the animal in question, and took charge of the bull when purchased; heard the warranty, and saw Mr. Nesbitt write it down; the bull when bought was not in good condition, and did not improve while in my charge; I found him dead on the morning of the day week after purchase.
Mr. E. T. HARDMAN, (veterinary surgeon)--At the request of Mr. Nesbitt I made a post mortem examination of the body of a bull which died on the 2nd of February; I found the liver extensively diseased, showing traces of inflammation of a chronic character....
His Worship, in giving judgment, said--I have no doubt on my mind in this case. I am satisfied that a warranty was given in the first instance, and I am further satisfied that the animal was diseased at the time of sale. Decree for full amount sought with all costs and expenses.
The Court rose about two o'clock, the business of the Sessions being over at that hour.
CAVAN PETTY SESSIONS COURT--MONDAY
Before T. Thompson, Esq., J.P., Chairman; W. Babington, Esq., J.P.; N. Montgomery, Esq., J.P.; Captain Carden, J.P.; and R. Hickson, Esq., R.M.
A deputation from the Town Commissioners consisting of Messrs. TULLY, DOUGLAS, and BRADY, waited on the Bench relative to the appropriation of fines inflicted in the Petty Sessions Court in cases of drunkenness alluded to in our report of the Commissioners meeting last week.
After hearing the statement of the Commissioner, their Worships stated that they could not comply with their request, as the Petty Sessions Act having been passed since the Towns' Improvement (Ireland) Act, giving such fines in the manner they have hitherto been applied, the Court had no power to make any alteration. The Commissioner might, if they chose, hold a court of their own, and appropriate the fines inflicted by it to their own purposes.
SHEBEEN HOUSE
Andrew SMITH was charged with selling whiskey in an unlicensed house.
This case incidentally arose out of the late unfortunate manslaughter at Ballyhaise. A man named Hugh SMITH (the person who had BOYLE summoned on last court day for assault), had sworn on that day and on a previous examination that he got a bottle of whiskey at the house of the prisoner, and the police had received instructions to summon the prisoner on the present charge.
Hugh SMITH examined--Recollects the day Bernard Smith was killed; got a bottle of whiskey at Andrew Smith's house that day; the bottle was not quite full; gave 8d. for it at the time; gave it to prisoners wife; the money was returned to him about a week later.
Mr. Armstrong contended that this was in direct contradiction to what he had previously sworn.
Constable GIBBONS said Smith had been previously convicted for selling whiskey without a license, and that he was a noted shebeen keeper.....
The Chairman said the majority of the Bench were agreed as to his guilt. He had been let off on a previous occasion with a fine of only 10s; they would now inflict a fine of £9, or two months' mprisonment.
Daniel WOODS v. Philip MURRAY.
The complainant in this case refused to give any information relative to the assault committed on him until he received a day's wages for the loss of time in coming to prosecute! He was paid his day's wages by Mr. P. BRADY, in whose employment he was at the time of the occurrence, and at whose suggestion the prosecution was instituted in order that a dispute between himself and Mr. Murray, the defendant, relative to a pass on defendant's land, of which Mr. Brady had temporarily the use for drawing sand, might be adjusted by the Bench.
After hearing the evidence of WOODS, who acknowledged that defendant had not struck him, but merely prevented him taking away sand, until Mr. Brady had paid some money which he alleged was due for the use of the pass.
The Bench dismissed the case--leaving the question of the pass undecided.
An old woman and two girls, her daughters (one of whom had an infant in her arms) were charged with begging in the public streets, and ordered to leave Cavan in two hours, or else to be imprisoned for a fortnight.
The prisoners consented to evacuate Cavan in the time specified, and were discharged.
The Court then rose.
ESTIMATES FOR CIVIL SERVICE, 1859-60
Public buildings (Ireland), £2,000; Kingstown harbour, £10.000; household Lord Lieutenant, Ireland, £2,000; Paymaster of Civil Services, Ireland, £2,000; Inspectors of Lunatic Asylums, Ireland, £1,000; Commissioners of Public Works, Ireland, £7,000; Court of Chancery, salaries and expenses, £2,000; Court of Queen's Bench, salaries and expenses, £1,000;....
April 23, 1859
CAVAN PETTY SESSIONS--MONDAY
(Before Theophilus Thompson, Esq., J.P., Chairman; William Babington, Esq., J.P.; Nathaniel Montgomery, Esq., J.P.; and R. Erskine, Esq., J.P.)
ROAD CONTRACT
Mr. HOBAN, Deputy County Surveyor, summoned John FITZSIMONS and Lawrence CUNNINGHAM, who were sureties for a road contractor named John REILLY, of Curraghoo, he not having completed his contract, for keeping in repair a portion of the road from Stradone to Shercock. An order was sought from the Bench to compel them to complete Reilly's unfinished contract.
Mr. Hoban submitted to their worships the section of the act relating to such cases.
The defendants said they were ignorant of Reilly's whereabouts and hoped the Bench would give them as long a period as possible to complete the contract. Mr. Hoban in reply to the Chairman, said he would give them until the 10th of May....After some further conversation, an order was made by the Bench that the contract be completed within the time specified.
Luke OLWILL, of Killagarry, was summoned for allowing two pigs and a goat, his property, to stray on the public road.
Chairman--Why, OLWILL, you're a very unfortunate man--always getting into trouble.
Olwill pleaded the general good conduct of the quadruped in question. The Bench imposed a fine of one shilling and costs.
Phil RAHAN, of same place, for having some sheep straying, was mulcted in a similar penalty.
ASSAULT
Steward SMITH summoned James SEXTON for an assault. Both are residents of Cavan.
Complainant on being sworn, stated that on Sunday, the 19th of September, he was going home; as well as he could recollect, it was about half-past eight o'clock at the time; on passing defendant's house, at the "Half-acre," he heard defendant and his father quarrelling; defendant's father, who seemed greatly excited, came up to him and said , "Is that not a very nice boy to be beating his father?" Complainant answered, "Indeed, he is;" whereupon defendant immediately assaulted him in a violent manner, and beat him severely; was under the care of Dr. HALPIN for a week in consequence; had no quarrel or any previous acquaintance with defendant.
Defendant said that he did not remember anything about it, as he was drunk at the time; was working in Navan since.
Chairman--Your drinking is no excuse at all for your misconduct....The Bench inquired of complainant how long he had been suffering from the effects of the beating....A man named CORCORAN said he had gone bail for defendant, and that Smith had forgiven him for the assault.
The Chairman said that the defendant had been guilty of a very grave offence, but, as he had expressed regret for it, and as he bore a good character previously, they would not inflict as severe a punishment as they otherwise would....one month's imprisonment, with hard labour. At a subsequent period of the day, defendant's father applied to have a fine substituted for the punishment...their Worships imposed a fine of ten shillings and costs--one-third of the fine to be given to the complainant if he required it.
TRESPASS
Ellen BOYLAN, Mary Anne BOYLAN, Anne LYNCH, Margaret LYNCH, and two men named REILLY were summoned, at the suit of the Town Commissioners, for trespassing and erecting huts on the Fair Green of Cavan, the property of the Town Commissioners. Considerable discussion ensued between their worships, as to the proper method of dealing with the case, and it was finally resolved to adjourn it for a fortnight. The defendants said that they had destroyed the huts, and would remove entirely from the Commissioners' grounds.
Samuel PICKINS and Patrick M'GOVERN applied to the Court to accept a smaller amount of bail for the appearance of their sons, who are at present awaiting their trial in Cavan Gaol on a charge of receiving money from a shop-boy....Mr. Erskine said that the fathers of the prisoners were both respectable men, but that they were unable to obtain securities for the amount fixed by the committing magistrates......
The Chairman said it was, and that he considered, if they were ever so well inclined, they could not alter it now. The governor of the gaol might refuse to discharge the prisoners if the bail was not the same as in the committal.
No decision was arrived at in the matter....
The Court soon after adjourned.
BIRTH
April 16, at Bingfield, the wife of Joseph STORY, Esq., of a son.
SUDDEN DEATH IN LISBURN--On Thursday, Mr. J. K. JACKSON, coroner, held an inquest at the house of Mrs. M'LAUGHLIN, Antrim street, Lisburn, on the body of a woman named Jane JOHNSTON, who died very suddenly on Tuesday evening last. It appeared that the deceased had been of intemperate habits, and having go too much drink, had gone to a neighbour's house, where she sat down, and in a short time fell off the chair, and expired. Dr. CAMPBELL stated that, in his opinion, deceased had died from disease of the heart. The jury returned a verdict accordingly.
ACCIDENTS--A man named James M'MECHAN was knocked down in the street, on Friday, by a drunken man, and in the fall he received injuries of a serious nature. His right arm was dislocated near the elbow, and he was taken at once to the General Hospital. A child, about a year old, belonging to a man named BINGHAM, who lives at Carrick Hill, was severely burned on Friday, in consequence of its clothes having come in contact with the fire. It was removed to the General Hospital.--"Belfast News."
April 30, 1859
BEQUEST--Elizabeth MONTGOMERY, late of Lisnafillan, in the county of Antrim, formerly of Belfast, has devised to the Belfast General Hospital £400, and to the poor of Larne £200 sterling.
Hill J. WALSH, Esq., County Inspector, Westmeath, has been removed to Dundalk, in the county Louth, and is to be replaced in Westmeath by ____ HILL, Esq., from New Ross, county Wexford. Mr. WALSH has been for fifteen years stationed in Westmeath, and during that time has efficiently fulfilled the arduous and sometimes unpleasant duties of County Inspector, with a kindness of demeanour which attracted towards him the esteem and respect of all....
CAVAN PETTY SESSIONS--MONDAY
(Before Theophilus Thompson, Esq., J.P., Chairman; William Babington, Esq., J.P., A. Carden, Esq., J.P.; N. Montgomery, Esq., J.P., and W. M. Hickson, Esq., R.M.)
WAGES
Elize BROWNE summoned Mrs. Rebecca STUART for a sum of fourteen shillings, wages, which she alleged to be due to her by complainant. The case had been postponed from the previous Monday, in consequence of the illness of Mrs. Stuart.
After hearing the evidence on both sides, the Bench dismissed the case, as it was proved that Mrs. Stuart had overpaid the complainant, who had left her employment of her own accord.
STRAY ANIMALS
Philip SMITH, for having allowed two of his cows to wander of the public road, was fined sixpence and costs.
James CARROLL was summoned for having allowed his pig the same privilege. Mr. Carroll entered into an elaborate and eloquent defence of his porcine favourite, which, according to him, was a second edition of the interesting animal of which its poetic proprietor recorded that--
"In throth, it was a purty pig;
It used to wid de childnre dine;
and wid me wife took tay!"As for wandering on the road, "it was not twenty yards from the house, and if you go to that (to the policeman), it was in the field whin you kem up--do you mind that, now?".....The Chairman intimated that they should fine him 6d. and costs....After some further protest Jemmy unloosed his purse-strings, paid the penalty, and departed in no very placable mood.
A man named BRADY was fined in a similar penalty for allowing his ass to wander.
BREACH OF CONTRACT
Michael SMITH summoned John BRADY for having left his employment before his term of contract had expired. He had engaged him from the 1st of November to 1st of May, to work the first three days in each week. Defendant had left his service without any cause.
Defendant said complainant had agreed to give him £2 3s., and a-half an acre of ground for potatoes, but when he brought manure for the land, complainant would not let him set the pototoes.
Complainant said he had not any set for himself at the time, but he offered to let him set a ridge then...
The Chairman said that was only fair......Chairman said defendant had laid himself open to a penalty of £5 or three months' imprisonment, and asked him if he was willing to return to his work, and finish his agreement. Defendant said he was.
The Chairman then directed that he should work the remaining days of his agreement...and that complainant when paying him should stop the cost of the summons.
BRADY v. MAGUIRE
The complainant, who is a road contractor, summoned defendant for having blocked up a passage leading to a quarry from which he was removing stones for the portion of the road for which he was contractor. The Bench inquired how he got the pass.
Complainant said that when he got the road contract he got a magistrate's order to use the pass, and had it in his possession since.
The defendant said that complainant had not used the pass for three weeks. He himself had some men raising stones from the quarry, and on Good Friday complainant served him with a notice that he would require the pass. Defendant accordingly set men to work and at two o'clock on Saturday, the pass was clear.
The Bench said that was all complainant could require. They would dismiss the case.
Complainant said that he wished the Bench would appoint some person to value the pass, as he was not satisfied with the valuation of the last arbitrators. The Chairman said they had nothing at all to do with that question.
Defendant said he would give complainant £1 if he consented to not use the pass any more. Complainant, however, would not agree to this, and the parties then left the court.
A WATCH CASE
William WHYTE v. J. F. DUNN
The complainant in this case summoned Mr. DUNN for having delayed his watch beyond the time he had agreed to repair it in. It will be remembered by our readers that the case came before the Court some time since, when Mr. Dunn was ordered by the Court to repair the watch....Complainant now swore that, at the expiration of the specified three week, he called upon defendant to receive the watch, but there was no sign of it being done....It was now near six weeks since defendant had engaged to have his watch...Was put to great inconvenience by defendant's conduct.....
After some recriminations on both sides, the Bench dismissed the case--Mr. Dunn to give the watch to complainant, on receiving the stipulated 6s. 6d.
Complainant here handed up the watch, the crystal of which was loose, and asked what was he to do with it. The Bench directed Mr. Dunn to remedy this defect, and on his consenting to do so, the parties left Court.
ASSAULT
John REILLY v. Thomas M'CAUL
This case arose out of the late unfortunate riot at Ballyhaise, which resulted in the death of Bernard SMITH, and the committal of the complainant in the present case on a charge of manslaughter.
Mr. S. Knipe appeared for the complainant, and stated that on the day of the riot his client had been assaulted by M'CAUL, who, it was believed by his client, had also set on the Smith's to attack him.
The evidence for the prosecution was to the effect that Reilly had been attacked by M'Caul in Mr. Kennedy's yard in Ballyhaise.
There was a cross-case brought by M'Caul against Reilly for assaulting him on the same occasion.
Mr. Tully appeared for M'Caul.
Several witnesses were examined on both sides; and the magistrates, after a patient hearing, convicted M'Caul of the assault on Reilly, and fined him 5s., including costs. The charge against Reilly was dismissed.
The Court then rose.
County Cavan Newspaper Transcription Project
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