Published in Cavan, county Cavan
December 3, 1859
LARGE SEIZURE OF SNUFF AT GALWAY--A large seizure of snuff was made on board the steamer Jason on Monday, which arrived from New York on Friday last. There were ten casks altogether, and a great deal of ingenuity was exercised in the packing, so as to make the casks have the appearance of containing flour. On the tide-waiter in charge, Denis M'HUGH, examining one of the casks, he discovered the snuff, and on closer inspection it was found that a long pipe was passed through the centre of the barrel at the head, the end of which opened immediately below the bung-hole. The pipe was filled with flour, so that on taking out the bung nothing but flour was visible. The ten casks, which were entered as flour, and consigned to a person named FAHY, living in Loughrea in this county, were immediately seized and conveyed to the Custom-house. The gross weight of the snuff seized is one ton. It will be the recollection of our readers that on the last voyage of the Jason 12 cwt of tobacco was seized, and one of the parties implicated in the transaction is at present undergoing six months' imprisonment, the other having paid the fine of 150l. The persons who are connected with the present case will be tried in Galway, but the exact time is not yet known.
CAVAN PETTY SESSIONS--MONDAY
Before William Babington, Esq., J.P.; Andrew Carden, Esq., J.P.; Nathaniel Montgomery, Esq., J.P.; Robert Erskine, Esq., J.P.; and R. M. Hickson, Esq., R.M.
Catherine HARRETT of Aughawelly (at present an inmate of Cavan Workhouse) swore informations against her husband, William HARRETT, for refusing to support her, and was bound over to prosecute him.
The complainant in this case was a man named Bernard REILLY and he deposed to having got five head of cattle, the property of William ALLEN, in his potato ground, and that when he went to demand trespass, the defendant called him "a scurrilous pup," and asked, "how dare he come to him to speak of such a thing?"
The defence set up was that the land held by complainant was what is termed "con-acre" ground--that is, land let for one or two crops; that complainant had no right to the ground at the time the alleged trespass was committed, as the potatoes were all dug at the time; and that defendant had received permission from Mr. RAY (from whom complainant had rented the land) to put his cattle on it.
Mr. RAY was in court and on being sworn as a witness, stated that such was the fact....This was denied by complainant, who alleged that he had taken the land from Mr. RAY's herd for two crops.
Two or three witnesses called on by complainant, who corroborated his statement, but, the case was finally adjourned for a week, in order that the herd might be examined--the Bench stating that Mr. RAY was bound by whatever agreement his herd made with complainant.
Michael CUSACK summoned Patt BRADY for having unlawfully left his employment. Complainant deposed that BRADY had been hired with him formerly, and at the termination of his time (the Saturday previous to the hiring fare--the 14th) again hired with him, and on the following Tuesday, when they came into Cavan together, complainant had to go buy some lime, and appointed to meet BRADY in the evening, but that gentleman changed his mind in the meantime and declined to go back.
BRADY denied having hired with him, and said he merely went back to put in a couple of days due by him to complainant.
After a full hearing, however, the Court declined to credit his statement, and gave him his choice of a return to his master or a visit to the jail.
BRADY preferred the former course, and CUSACK consented to forgive him for his lost time.
THE LETTER OF THE LAW.
This was a complaint preferred by Bridget REYNOLD against John FLOOD, for allowing an erratic pig, his property, to invade her kitchen garden.
Mrs. REYNOLDS stated that for the last two years she has suffered great annoyance from the pig and his owner; her kitchen garden has been injured (by the pig), and whenever she complained of the annoyance she received bad language from FLOOD's family; often drove out the pig, until she got tired of doing so......
Chairman--Did you claim trespass on the days mentioned in the summons?
Complainant--No, your Worship.
Chairman--Then, I fear you have not complied with the requirements of the law.
The Chairman here read the section of the Act of Parliament, relating to cases of trespass, and informed complainant that the magistrates were must anxious to do her justice, but that they could not outstep the law. Mrs. REYNOLDS then left the court, apparently not over-pleased with this portion of the statute book.
A DILATORY LAUNDRESS
John MAGINNESS summoned Susan LOGAN for illegally detaining two quilts, his property.
A little girl proved to having left the articles with the defendant (who is a laundress) for the purpose of being washed, by direction of Mrs. MAGINNESS, about two months ago.
Mr. MAGINNESS said he had summoned the woman before, but that she promised to bring back the quilts in a week, and he withdrew the summons....The Bench postponed the case for a week, and if the defendant did not return the quilts in the meantime, she was to be imprisoned for a month.
Patt LYNCH summoned Mick SMITH for 7s., money lent on the 26th October. Complainant acknowledged that defendant had offered him 8s that day, but he refused to take it. Defendant said he was willing to pay the money. He knew nothing about the debt. Complainant alleged that he lent the money to his wife (who was complainant's "own sister"), but he did not know how they managed between them...The money was then paid, and the brothers-in-law left Court.
BRUTUS AND CASSIUS
Patt M'ALONE summoned John GUNN for an assault committed upon him by defendant in the streets of Ballyhaise, and John GUNN summoned Patt M'ALONE for a like offence, committed at same time and place.
On being sworn, M'ALONE deposed to being followed by GUNN through the streets of Ballyhaise, and assaulted by him at "Jemy ARGUE's" door, where he had hidden from him, and where GUNN collared and shook him violently, and struck him several boxes....Though closely cross-examined at some length M'ALONE's testimony could not be shaken, and on the hearing of the cross-case, he was to some extent corroborated by Sub-constable FOSTER (who gave him a good character), and a man named ARGUE.
Both cases having terminated, their Worships were consulting, when Mr. Armstrong said he thought the best course for both parties to adopt was to shake hands, and live in peace for the future.
This seemed to stagger the disputants, but after coquetting and hesitating for some time, M'ALONE generously extended the hand of fellowship to his foe, who cordially grasped it, and darted from the table, followed by M'ALONE, amid the laughter of the court.
The Chairman, however, summoned them back, and said the Magistrates were of opinion that GUNN was entirely to blame, and they would put him under a rule of bail--himself in 10l., and two sureties in 5l. each. Mr. Armstrong said they might as well send him to jail at once, as he could not find sureties. The Chairman said he must bear a bad character in Ballyhaise, or some one would go bail for him.
Mr. Armstrong said the people of Ballyhaise were too cautious--the bump of caution was largely developed in their craniums--and they did not wish to go bail for any one. He urged the Court to allow his client to go free, as his opponent had forgiven him. The Court, after cautioning GUNN, consented, and he made a rapid exit, evidently delighted at his escape.
REILLY summoned Thomas RUDDY for £3 18s. 8d., amount earned by him as a baker, working overtime with defendant.
REILLY's statement was to the effect that he baked fifty batches of bread for defendant; he is in the employment of Mr. CULLEN, and the work done for defendant was during overhours, after his regular work at CULLEN's was finished.
Mr. RUDDY's defence (in which he was supported by a young man named James KELLY, a baker in his employment), was that REILLY had merely come to assist him in return for similar help given him by KELLY--which it seems, is a customary thing in the trade, and that he (defendant) have employed REILLY.
The case was dismissed.
There was a very charge of rioting preferred (against) four men named SMITH (two of whom were in custody, and sent to trail to the Quarter Sessions.....
This terminated the business, after which the Court rose.
ACCIDENT--We regret to state that on yesterday morning, about nine o'clock, a young man, named Thomas M'GUIRK, met with a severe accident whilst engaged at the new building nearly opposite this office. M'GUIRK (who is a stone mason) was helping to remove some stones from a cart, when a large stone fell upon his leg, and inflicted a severe but not dangerous fracture. He was at once removed to the County Infirmary, where under the skillful treatment of Dr. MEAZE, he is progressing as favourably as can be expected. M'GUIRK is a most respectable young man, and both himself and his brothers (one of whom, we believe, is contractor for the building) bear a high character for soberity(sic) and good conduct. We trust his accident may not long prevent him of resuming his employment.
DENTAL SURGERY--On reference to our advertising columns it will be seen that one of the Messrs. DAVIES, of Dublin, will visit Cavan on Saturday, Dec. 10th. They purpose also to pay monthly visits......
December 10, 1859
CAVAN PETTY SESSIONS--MONDAY
Before Theophilus Thompson, Esq., J.P., Chairman; Nathaniel Montgomery, Esq., J.P., William Babington, Esq., J.P.; Robert Erskine, Esq., J.P.; and R. M. Hickson, Esq., R.M.
Bernard REILLY summoned William ALLEN for allowing five head of cattle to trespass on his potato ground. This case was heard on the previous Monday, and adjourned for the purpose of obtaining the evidence of Mr. RAY's herd (who let the land to REILLY)...The herd (James M'DONNELL) swore that REILLY took the land from him for one crop; his tenancy was to expire on the 1st of November, but there was the mention of having the potatoes removed at that date; did not promise REILLY that he would have the land for a second crop; and no authority from Mr. RAY to engage the land for a second crop to REILLY.
He was cross-examined by complainant, but did not vary in his testimony......
The Chairman said the magistrates were unanimously of opinion that complainant had no claim to the ground, as he had taken the land for only one crop, and his occupation ceased on the 1st of November. They would dismiss the case on the merits.
Thomas KELLAGHER and Catherine LEE appeared before the Court, pursuant to their recognizances, to answer a charge against them contained in the informations of Hugh TIERNEY.
The Chairman read the informations (which were taken, some months ago...) and KELLAGHER and his servant, Catherine LEE, were charged with having beaten TIERNEY with a creel, kicked him, and inflicted such injuries upon him that he believed himself, at the time the informations were taken, to be dying ...A medical certificate now produced declared him to be out of danger......
KELLAGHER said TIERNEY was his father-in-law. The whole affair arose out of a dispute about a bit of land which TIERNEY wished to take "over his head." He supposed he was ashamed to show his face in court.
The Chairman said that as TIERNEY was able to attend, and did not choose to do so, they would discharge KELLAGHER and the girl from further attendance. TIERNEY could summon them, if he wished to press his charge. KELLAGHER thanked their Worships, and accompanied by his handmaiden, left the court.
AN AFFECTIONATE HUSBAND
William HARRETT, of Aughaweely, was charged by the Guardians of the Poor of Cavan Union with refusing to support his wife, who is at present an inmate of Cavan Workhouse, and who swore informations against him Monday last.
The Chairman read her informations, and asked if they were true. She replied that they were, and on being further questioned, gave a succinct account of her matrimonial experience since the happy day she assumed the title of Mrs. HARRETT, which is about three years ago; it took place after the hiring fair; the happy pair immediately went to service; six months after the bridal the affectionate William left his country and his bride, and departed on a voyage of discovery...and during his sojourn under the protecting folds of the "star spangled banner" gathered so much Yankee wisdom that not as much as a 'red cent' of his earning ever crossed the ocean to aid the being he had solemnly vowed to love and cherish.....
The Porter of the Workhouse deposed to her being at present an inmate of the Workhouse, and under medical treatment since her admission.
Chairman (to HARRETT)--Upon my word, you're an affectionate husband! What have you to say to all this?
HARRETT proceeded to defend himself in an excited and stentorian tone of voice, when the Chairman gently reminded him that though Justice might be blind, she wasn't deaf.
HARRETT then proceeded...to state that he was unable to support his wife.....The Court sentenced him to be imprisoned for one month, and to be kept at hard labour during that period, at the expiration of which he must take his wife out of the Workhouse.
CAUTION to SLIDERS
Sub-constable BEDFORD summoned John M'CANN for sliding in Bridge-street. The Chairman said it was a very proper case to bring forward, as those slides were most dangerous to horses and other animals passing through the streets.
Sub-Inspector NAPIER said the case was brought forward as a means of cautioning other parties. M'CANN began to "blubber," and hoped their Worships would have mercy on him, as it was his first offence....
Chairman--Well, in order to impress the 'harm' of it on your mind, we shall send you to gaol for a little; you shall be imprisoned for forty-eight hours, or pay a fine of one shilling and costs. M'CANN (who is a tobacco boy in Mr. KENNEDY's employment) begged the Court to give him time to pay the fine.
Chairman--You shall be allowed until this day week; and don't slide again in a hurry (laughter).
Sub-constable BEDFORD summoned a young man named Bernard FLOOD, for the same offence. FLOOD denied that he had been sliding; but BEDFORD said he saw him sliding three times. The Court made the same rule as in the former case.
The case of Mr. John MAGINNESS against Susan LOGAN, for unlawfully retaining and pawning some quilts belonging to him again came on for hearing. On last Court day, the case was postponed, for the purpose of allowing the defendant time to release the quilts; and, as she had not done so, Mr. MAGINNESS again preferred his complaint...The defendant did not appear.....The warrant been drawn out, it was signed, and handed to the police, who were desired to bring the defendant before the Court....When the defendant (a wretched-looking being, apparently in the utmost poverty) was brought up by the police, the Chairman asked her what she had done with the quilts. She replied that she had pawned them.....The Chairman inquired if she had brought the tickets with her. She said she had not..The Court directed her to go for them, and bring them as quickly as possible.
The woman then left the court, and did not return until their Worships had adjourned; but in the hall she handed the tickets to Mr. MAGINNESS, in presence of one of the magistrates--protesting her willingness to pay him his expenses at 1s. 6d. per week.
John CULLIVAN summoned Patrick CUSACK for trespass of eight of his cattle in his plant garden, on the 10th of November.
Defendant pleaded that the complainant had agreed to leave the damage to be appraised by two neighbours; that two men were appointed--one by each of them; and that after looking at the damage, the arbitrators ruled that he should pay nothing, as complainant's own cattle had often got into the ground, and done a good deal of damage.
The Court considered the arbitrators had not shown much justice to the complainant by this decision, and fined the defendant one shilling per head and costs.
John REILLY v. Charles MADDEN
The complaint in this case was that Mr. MADDEN had cut up and injured the public road at Farnham-street, for which Mr. REILLY is contractor.
A man named GILHOOLY appeared for Mr. REILLY, and said the complaint was brought by directions of Mr. GAHAN, the county surveyor. All Mr. REILLY wanted was for Mr. MADDEN to leave the road in the same state as it was before he cut the drain for laying down the gas pipes, so as to satisfy the county surveyor. This could not be done at a trifling expense, by removing a portion of the mud, so as to leave it on a level with the remainder of the road, and by placing stones on the surface....
Their Worships ruled that Mr. MADDEN should leave the road to the satisfaction of the county surveyor, and got a week to do so; if not, the contractor might do so, and charge Mr. MADDEN with the costs, and he was also to pay the costs of the summons....
GAME TO THE LAST
Robert TUBMAN summoned William DANCY for having assaulted himself and his horse. Both complainant and defendant are "comfortable" farmers, we understand, and are both pretty far advanced into "the sere and yellow leaf."
The Chairman (on seeing them)--What, two neighbours quarreling!
TUBMAN took the book and proceeded to make his charge (charges and counter-charges between TUBMAN and DANCY)...
The Chairman interrupted the controversy by informing them that the Court considered them both to blame. TUBMAN had no right to leave his manure near DANCY's gate, and on the other hand, perhaps DANCY"S wisest course would have been to summon him for the trespass. They should both be placed under a rule of bail.
TUBMAN--I don't want any bail. Why didn't he object to the other man putting his manure there?
DANCY--Is it hinder my brother?
Mr. MONTGOMERY--He tells you very fairly, because that man was his brother.
Chairman--We dismiss this case.
An interesting discussion also took place between him and the Clerk relative to the payment of the cost of the dismiss--sixpence; but Mr. TUBMAN refused to deposit the "tanner" and left the court in high dudgeon.
Peter M'LENEHAN, of Bridge-street, had processes against a number of parties for money due on account of shop goods, &c. In some of which decrees were given; two cases were postponed on account of informality, and he was directed to bring his books with him on next court day....
Their Worship then adjourned.
SHERCOCK PETTY SESSIONS--DEC. 1
Before R. A. Minnett, Esq., J.P.; and J. H. Adams, Esq., J.P.
Edward DERMOTT summoned James REILLY for £2 9s. 6d., balance of wages. He had £3 17s. 6d., and got 28s. He now wanted the remainder.
REILLY said he gave him at least 34s. instead of 28s., but on being sworn he reduced the number to 32s. and had no entry of the different items that made up this sum....Having said so much complainant observed that "it never was worth his while," meaning that he perjured himself. Complainant stated further that he got clothes from defendant's son and was to give him 25s. for them, but he recanted the bargain in consequence of the clothes being let to a "rough fellow" with a "big nose," who lives in Shercock and whose name is MOONEY... The Bench said they had no right to lend clothes which they had already sold, and they should forfeit 5s for doing so.
Defendant then said that plaintiff had a bad habit of running away from his business to races and weddings; that there was a man in the neighbourhood named Mathew M'ENERNY, whose son and daughter had both ran away a short time since, and that plaintiff went with whiskey to the two "runaways," and neglected his business.
After some calculations the Bench gave plaintiff a decree for the sum he required, minus 17s. 6d. the reduced price of the clothes, and 3s. 6d. the difference in complainant's and defendant's statements as to the amount received.
Francis M'CABE charged Michael LARKIN with assaulting him so as to endanger his life. He was at a wedding and was going to the "groom's party with the bottle," when he was furiously set upon by the accused, who had a spite against him, and threatened him several times during the last year...The accused denied that he struck him at all, and two other young men, cousins of his, one of whom was sworn, corroborated his statement, in consequence of which the case was dismissed.
Patrick FOX summoned Patrick KEELAN for nine shillings balance of wages; he hired in Shercock and was to serve defendant until the fair of Bailieborough; he did so, but he thought to detain him until the fair of Carrickmacross 7 days late, and because he refused staying with defendant wanted to keep half the sum he now claimed;...The Bench said he had no right to be charged for that day, and they gave a decree for the entire sum and costs.
The other cases disposed of were of a trifling nature, and the Court shortly after rose.
At Stephen's-green, Dublin, on Sunday last, Robert GRAHAM, Esq., of Drumgoon, Fermanagh.
On Monday, the 5th inst., Mr. John Forsythe GALLOGLY, aged 69. Mr. GALLOGLY had been governor of Enniskillen jail for many years, and enjoyed a retiring allowance from the county of Fermanagh for a considerable time.
December 5, in Enniskillen, Mr. William KETTYLE, merchant, aged 53 years.
November 2, at Carnaveagh, Arthur Henry MONTGOMERY, Esq., second son of Alexander N. MONTGOMERY, Esq., of Bessmont Park, county Monaghan.
December 17, 1859
CAVAN PETTY SESSIONS--MONDAY
Before William Babington, Esq., J.P., Chairman; Andrew Carden, J.P.; Robert Erskine, J.P.; Nathaniel Montgomery, J.P.' J. Story, J.P.; and Robert Murray Hickson, R. M., Esqrs.
The Town Sergeant preferred a complaint against an itinerant disciple of Esculapius who rejoices in the name of HOWELL, for erecting an establishment for the sale of "patent" medicines at the corner of Bridge-st., in such a manner as to obstruct the thoroughfare. The medical emporium consisted of a long deal-table, covered with mahogany tinted oilcloth, and bearing the panaceas for all "the ills that flesh is heir to."....Dr. HOWELL did not make his appearance in Court, nor had he left his address, so the Court imposed a fine of 2s. 6d. and costs, to be levied on his next visit to Cavan.
James HICKS summoned Phil M'DONNELL for having allowed two goats, his property, to trespass on complainant's cabbage garden. M'DONNELL denied that the goat belonged to him, and brought up a witness who swore that they belonged to a man named James CONNOR. HICKS said it was very strange, if the goats did not belong to M'DONNELL, that his wife would be allowed to milk them. The Court dismissed the case. HICKS (on paying the costs)--It's all right, your Honors. There's nothing like good swearing.
Thomas M'GIBNEY summoned Patrick BRADY, of Oldtown, for having assaulted him. Complainant, on being sworn, stated that on Tuesday night he was going home from the fair of Cavan, and was in company with three or four young men, and had passed BRADY's house a short distance when they heard some parties running after them; they turned round to see what they were following them for; when the men came up, one of them said complainant's party had committed some crime on the road, and should go back with them; complainant at first refused to go back with them, but after awhile went back a few perches...when he was knocked down with a blow of a spade, and kicked while on the ground; saw Patt BRADY kick him....John REILLY swore that he was in company with BRADY's house three men ran out of it, and following them; when they came up with witness and his party they said they had beaten Patt BRADY's "gosson," and should go back with them.....
BRADY's defence was that M'GIBNEY and his party were going home drunk from the fair, and in passing by his house one of them struck his son, a young lad....
BRADY's son (who had a cross-case against M'GIBNEY) proved to having been struck by one of a party of five or six men....M'GIBNEY and REILLY denied that any of their party had struck him.....The Bench dismissed both summonses.
James SMITH, of Aghalacken, summoned Owen and Patt M'CABE for allowing six head of cattle to trespass on his land. Fined 6s. and costs.
John DOHERTY had a civil bill process against John BULLOCK for 6s. 6d., balance of money due to complainant's wife for teaching defendant's daughter the art of dress-making. Defendant (who is a shoemaker) had a set-off against this claim, for work done; but, after carefully comparing the two accounts, the Court gave a decree for 6s. 6d. and costs.
Pat GAFFNEY summoned Peter M'LENEHAN for 18s, balance of money due for oats sold to defendant. Defendant (who was in custody on another charge) said he had paid him all he owed him except 16s. The Court examined complainant's account, and found this to be the case. Defendant then paid the 16s and costs.
James MOORE was charged with having stolen a coat, value 4s., the property of Edward BRADY. The prisoner (who is an elderly man) pleaded guilty, and said he did not know what he was doing at the time, as he was drunk. He further stated that he was a blacksmith, and from the neighbourhood of Kells.
The Court sentenced him to a fortnight's imprisonment with hard labour, the Chairman stating that he had laid himself open to a much heavier sentence, but as he did not seemed to be a hardened criminal, and appeared sorry for his offence, they considered the ends of justice would be satisfied by this sentence.
Peter M'LENEHAN was brought up in custody charged on the information of Mr. HAGUE with having obtained half a ton of oatmeal from him under false pretences, and with intent to defraud. The prisoner, who had been up to last week, in business as a grocer and general dealer, in Bridge-street, had been arrested on the previous night at his residence (from which he had previously absconded) at to which he had returned but half an hour or so previous to his capture.....Mr. Armstrong called on the Court to send the case for trial, as it was clearly one of fraud.
The Court declined to take this view of the case, as it did not come within the statute of frauds--the prisoner not having given a false name or token. It was simply a matter of debt, though the prisoner might have acted dishonestly. Mr. Armstrong contended that the number of similar charges against the prisoner was sufficient to warrant the magistrates in sending him for trial. The Court said he might, if he wished, try to strengthen his case in that manner.
Mr. George GREY (Messrs. PERRY's agent), Mr. Jones MERVYN, Mr. MALLON, Mr. USHER, a man named CASSIDY and another named DONOHOE, were then examined as to the (illegible) practised upon them by M'LENEHAN.
Mr. Armstrong again addressed the Court, stating that he had but a short time to prepare his case, and requested the Bench either to commit the prisoner or remand him until the opinion of the Law Adviser be had upon the subject.
After considerable discussion the magistrates divided on the question--Captain Erskine and Captain Carden being for a remand, and the Chairman, Mr. Montgomery, and Mr. Hickson ruling that they had no jurisdiction in the case. The hearing of the case occupied a considerable time, and M'LENEHAN, on his release, was escorted by a large and noisy body-guard out of court.
The Court then rose.
(From the CHRISTIAN EXAMINER for December)
Diocese of Armagh--Rev. Edward George KELLY, to the vicarages of St. Peter's and Killineer, Drogheda; patron the Most Noble the Marquis of Drogheda.
Diocese of Cashel, &c.--Rev. Edward B. NEVILLE, to the union of Stradbally, diocese of Lismore; patron, the Duke of Devonshire. Rev. John LONG, to the curacy of Kilcooley, diocese of Cashel; the Rector Rev. William RICHEY, to the curacy of Killea, diocese of Waterford; patron, the Vicar. Rev. John MORGAN, to the Surrogate for Marriage Licenses at Cahir; patron the Vicar General.
Diocese of Dublin--Rev. Henry WESTBY, to the prebend of Yago, in St. Patrick's Cathedra; patron, the Duke of Leinster. Rev. L. H. STREANE, to the rectory of Delgany; patron, the Archbishop.
Diocese of Killala--Rev. H. MACLEAN, to the vicarage of Kilbride and Dunfeeny; patron, the Bishop.
Diocese of Killaloe, &c.Rev. Charles Edward MILLS, to the union of Kilconickrey; patron, the Bishop of Killaloe and Clonfert. Rev. Francis H. BURKITT, to the union of Killinane; patron, the Bishop of Killaloe and Clonfert.
Diocese of Armagh--Rev. James FEED, the vicarage of St. Peter's and Killineere, Drogheda; patron, the Most Noble the Marquise of Drogheda.
Diocese of Cashel, &c.--Rev. John LONG, the curacy of Kilea; patron the Vicar.
Diocese of Dublin--Rev. William C. O'NEILL, prebend of St. Michael's, in Christ Church Cathedra; patron, the Dean and Chapter.
Diocese of Ferns--The Rev. William COSGRAVE, Curate of Ferns; patron, the Rector. The Rev. George G. PUREFOY, Curate of Clonegal; patron, the Rector.
Diocese of Down--The Rev. Henry MARTON, Rector of Inver, Larne; patron, the Crown.
December 24, 1859
SHERCOCK PETTY SESSIONS--DEC. 15
Magistrates present:--R. A. Minnett, Esq., J.P.; J. H. Adams, Esq., J.P.; and B. S. Adams, Esq.
Constable STEWART of Shercock brought up a poor man named RICHARD, charged with disturbing him in the discharge of his duty. He had a target and a number of young men round him shooting; when the constable tried to remove him, he clung so tenaciously to a cart that it was with difficulty he got him separated from it; he was obliged to retain him during the preceding night for his bad conduct; he was drinking at the time of the arrest.....Mr. Minnett asked him to show cause for his being so disorderly, but he merely pleaded ignorance of the law; he only drunk one glass of whiskey and another cordial;...He begged to be forgiven as he did not know the law, and would never be guilty again. He must not expect, however, to get off free, and was fined 1s. Here a gentleman in court named DOHERTY, who had been listening to the case, handed him a shilling to prevent his going to jail for a week.
Owen KINDELAN summoned Mary REILLY for abusing his cow. He took grass from her husband and was to have it till ground would be ploughed; a few days ago she beat his cow most cruelly with a large stick, and he now wanted damages.
The defendant here stated that he had the use of the ground only till the 1st of November; and in the case of her turning the cow off it, she only made use of the branch of a tree; she did not abused the cow at all...In all these statements she was fortified by her husband....and accordingly the case was dismissed.
Sub-Constable M'CABE charged the following persons with allowing animals, belonging to them, to wander on the public road:--
George M'HEANEY for allowing his ass to be on the road was fined 6d.
Bernard MURRAY for letting his pigs on the road was fined 2s., costs included.
Owen DUFFY for having his pigs on the road, 2s., 6d., costs included.
Thomas O'BRIEN was fined 1s and costs for having his pigs on the road.
Edward BLOOMER was fined 1s. and costs for having his pigs on the road.
James SMITH summoned Catherine KAVANAGH for throwing stones at his head which, fortunately, did not strike him. He produced two stones, the joint weight of which was about 7 lbs., and said the fair defendant threw them at him about 10 o'clock on the night after last bench day, when she was fined for killing his sister's foal.
His sister also said that on the night in question she saw the accused running hastily into her house as if she had been after committing some bad action....In this case, as well as when accused on this day-fortnight, the amiable defendant broke silence only when asked why she so misconducted herself. It was hard for her to throw stones when it would require a man with a crowbar to lift one, so hard was the frost; it was all spite that caused her persecutors to charge her thus......SMITH swore he thought he was not safe if she would not be bound to keep the peace, and she thought herself unsafe if he was not bound too.
Mr. Minnett said he'd dismiss both cases, but if he heard any complaints in future he'd bind them both to be of good character.
James LYNCH summoned Peter LYNCH, James MAGEE, Thomas GILLON and Felix HEGAN for beating and abusing him, so as to do him serious bodily harm. [It is only about six weeks since he and another young man named BEGGAN were arraigned for beating a fellow named M'KENNA, and fined 5s. each.]
The defendants denied having beaten LYNCH, though he was most positive that they all beat and kicked him, especially when down; he was corroborated by several witnesses, but he, himself, bore indisputable testimony of their ill-treatment of him, for three of his ribs were broken. The case occupied a long time. Each of the assailants was fine 1l., or a month's hard labour.
James CROSSION summoned Peter M'CLUSKEY for a similar crime, but said he'd forgive him, if their Worships would forgive him, but they declined, and evidence was gone into, from which it appeared that the two young men were in the habit of challenging each other to fight, and the present action arose out of a rupture consequent upon those challenges.
Ellen CROSSION and Mary M'CLUSKEY, two decent and intelligent young women, were examined--They both saw the fight, but Miss M'CLUSKEY would leave the fault upon complainant, for when she was coming from school she saw him throw defendant into the 'slough' and she assisted to take his hands out of his hair. Others, however, told a different story, and defendant was fined 10s. and costs, or to suffer 14 days' hard labour.
An old woman summoned the Rev. R. M'COLLUM for preventing her to take away potatoes she had planted with him. She produced a rod, all marked, and said some of the marks were "shillings," and the others were "days" she had worked. Both her statement and that of the reverend gentleman agreed as to the amount of money she received, but she had 67 days "marked," whereas he had only 45½ entered in his book, which he produced. She complained that the entry of Mr. M'COLLUM was wrong, but her "tally" was right, thank God! The Bench considered the entries correct, and pronounced in favour of Mr. M'COLLUM. She must pay 16s 9d. before the potatoes are removed.
Andrew MURTHA summoned Edward M'CABE for 12s. 6d., balance of 2l. which he gave defendant when he bought a sheep from him in the fair of Kingscourt, and got back no "change;" he swore positively that there was no change returned, and the price of the sheep was only 1l. 7s. 6d.
M'CABE was sure he owned him nothing, if he did he'd have spoken of it sooner.
MURTHA produced a witness who swore he was present when the whole transaction occurred, and MURTHA got back no change. The defendant was decreed for 12s. 6d. and costs.
After hearing a few other cases of no public interest, the Court rose.
The Rev. Dr. HOGG begs to acknowledge, with best thanks, the receipt of five pounds from the Right Hon. Lord Farnham, K.P., for the relief of the poor of Cavan, at this inclement season.
On the 20th December, in the parish church of Killeshandra, by the Right Rev., the Lord Bishop of Kilmore, Rev. George Henry MARTIN, youngest son of the late Rev. Charles MARTIN, and grandson of the late Robert BOMFORD, of Rahinstown House, in the county of Meath, Esq., to Edith Agatha, second daughter of the Ven. the Archdeacon of Ardagh.
On the 15th instant, in the Presbyterian Church of Shercock, Mr. Robert MAHOOD, of Newbridge, Coranary, to Anne Jane, eldest daughter of Mr. Wm. MIDDLETON, of Cunaghey, near Shercock.
On Sunday, 18th inst., at his residence, 24, Townhall-street, Enniskillen, of gout in the heart, Hill PARKINSON, Esq., aged 63 years.
At her residence, Willoughby-place, Enniskillen, on the 1st inst., Mary Anne, relict of John MONTGOMERY, Esq., of Ashqroke, Co. Donegal, and eldest daughter of the late Rev. James FIDDIS, vicar of Drumsna, Co. Monaghan,aged 74 years.
INQUEST--DEATH FROM INTEMPERANCE--James M'FADDEN, Esq., M.D., held an inquest on Sunday last, on view of the body of a man named Michael M'NAMEE, of Cornaseck, near Virginia.--It appeared from the evidence that the unfortunate man left his house on Friday morning, before his breakfast, and proceeded to the house of a man named FITZSIMONS, who it was supposed had some poteen for sale. Deceased had more or less whiskey at the house of FITZSIMONS, and purchased a bottle for two shillings. After leaving the house he became insensible, and was taken to the house of another person, where they placed him before the fire; but he still remained insensible from about twelve o'clock until nine o'clock in the evening when he died. The jury found that deceased had died from excessive drinking. There is little doubt that had the unfortunate deceased received proper treatment his drunkenness would not have had such a sad and miserable termination. Henry WEIR, Esq., S.I., who attended the inquest, has given instructions to have a prosecution entered against FITZSIMONS, as it is supposed the whiskey which he sold deceased was illicit.
THE ARVAGH MURDER--Head-Constable William GIBSON succeeded, in the early part of this week, in arresting, after a lengthened chase through several populous districts in England, a man named Owen M'GRATH, charged with the murder of Richard FORBES, near Arvagh, on the 4th of November last.
CAVAN PETTY SESSIONS--MONDAY
Magistrates present--T. Thompson, Esq., J.P., Chairman; N. Montgomery, Esq., J.P.; W. Babington, Esq., J.P.; A. Carden, Esq., J.P.; and R. M. Hickson, Esq., R.M.
James SMITH, of Aghalacken v. Owen M'CABE and Pat. M'CABE
On the last court-day the complainant in this case had brought a trespass charged against the two defendants, who were fined on that occasion. He now preferred a similar complaint of trespass, and also a charge of assault.
SMITH stated that on the evening he came into Cavan to get the last summons, twelve head of defendant's cattle trespassed in his rape and cabbage; he did not find them there himself, but he had the parties in court who did....Laurence SMITH and Phil DONOHOE proved to finding the cows in the land.
The defendants' case was that complainant has a pass through their (defendants') land; that he has two cottiers on his land, who sell tea, sugar, &c.; that it was through the gate of this pass the cattle had gone into his land...
The charge of assault preferred by complainant was then entered into, but was of a trifling nature....
Their Worships dismissed all the complaints, and said they were of opinion that SMITH had not exercised sufficient care in keeping his gate locked, so as to prevent the cattle of other parties from trespassing on his land.
John COLLINS was fined 6d. and costs for allowing two cows and a calf, his property, to wander on the public road.
A wretched-looking little boy--a mere child--was brought up in custody, charged with having stolen a cap and comb, the "property" of John HEWITT. It appeared from the evidence that the lad has neither father nor mother, and hired with HEWITT or his mother on last hiring fair for half a year, for which he was to receive 7s. 6d.; Hewitt and his mother live at Crubany, and on the day of the robbery were at a fair in Cavan; during their absence the prisoner broke into the house, and absconded with the comb and cap, which were value for about three or four pence.
Mrs. HEWITT mercifully intimated to the magistrates that she would be satisfied if they put the child in gaol for a few months, as she did not wish to have any more to do with him.
Chairman--You're very lenient, Ma'am. I suppose you'd think transportation too much for him?
The charge was read over to the poor creature (who was crying bitterly during the hearing of the case); he pleaded guilty, and the Court sentenced him to two months' imprisonment--considering that it would be a charity to give him shelter during this inclement weather.
[Would not this be a proper case for a reformatory?]
Margaret KOGAN summoned Bridget RYAN for an assault; and the charge having been proved, Mrs. RYAN was fined 2s. 6d. and costs, which she paid.
Patt GAFFNEY summoned Mary MULLIGAN for allowing her cow to trespass in his cabbage garden, by which he lost 1400 of cabbage--"curleys" and "savoys." The defendant applied to have the case postponed, in order that she might have Mr. Bernard WALLS examined. The Court inquired her reason for the application, and it appeared from her testimony that Mr. WALLS rents the field in which the cow grazes from the Rev. W. P. MOORE; she pays Mr. WALLS for the grazing of her cow, and cannot say whether it committed the alleged trespass or not.
Mr. Montgomery considered that Mr. WALLS was the person against whom the complainant should proceed. It was according to both law and common sense that the person who took in cattle for grazing should be considered, during the time he had charge of them, the owner of such cattle. The Chairman differed in opinion from Mr. Montgomery...The case was argued for some time by the magistrates, and Mr. Montgomery suggested that.... the question should be referred to Mr. LAWSON, the Law Adviser to the Castle. The other Magistrates concurred in the suggestion, but fined the defendant 3s., informing her, at the same time, that they considered she had a remedy against Mr. WALLS, as it was through his negligence the trespass was committed.
Terence SMYTH summoned Catherine WYNNE, for having maliciously killed a hen, her property. For this "fowl" deed the defendant was fined 6d. and costs, and ordered to pay the complainant 1s. compensation.
Charles MAGUIRE processed Peter M'LENEHAN for 1l. 19s 11d., balance of 3l. 17s. 6d., due by him for shop goods.
Chairman--I take it that the original sum is due?
MAGUIRE--Undoubtedly, your Worship; but you'll give me no more. I'd be happy you would.
The Court gave a decree for the amount claimed, cautioning Mr. MAGUIRE that he could not again come into court to claim the remainder.
Mr. James PARKER processed the same honest gentleman for 1l. 6s. 8d., amount due for bacon sold and delivered. A decree given, with ordinary costs.
Sylvester WALLACE processed John HARTLEY for 5s., amount due. Decree given.
The Court then rose.
COUNTY OF CAVAN
DIVISION OF CAVAN
A LIST of Applications received by the Clerk of the Peace, from Persons seeking
For the Sale of Beer, Spirits, &c., by Retail, within said County.....
ON MONDAY, the 2nd day of January, 1860, immediately after the Grand Jury shall have been sworn.
NO. NAME RESIDENCE PARISH BARONY 1. CURNYNNE, Patrick Kilduff Killinagh Tullyhaw 2. CUMMINGS, James Arva Killeshandra Tullyhunco 3. COSTELLOE, John Edward Main-street, Arva Killeshandra Tullyhunco 4. DONOHOE, Philip Dublin-street, Ballyjamesduff Castleraghan Castleraghan 5. GANNON, Darby Curarol Anna 6. MURTAGH, Patt Main-street, Arva Killeshandra Tullyhunco 7. MAGOURTY, Francis Dawny(sic) Killinagh Tullyhaw 8. MAGOWAN, John Dawrney Killinagh Tullyhaw 9. M'MAHON, John Clonosey Anna 10. M'ENROE, Philip Ballyheelan Ballymacue Clonmaghan 11. NEWMAN, Philip Castletarra Castletarra Upper Loughtee 12. O'REILLY, Hugh Serabby Ballymacalancy Tullyhunco 13. REILLY, Peter Main-street, Arva Killeshandra Tullyhunco 14. REILLY, Philip Dublin-street, Ballyjamesduff Castleraghan Castleraghan 15. REYNOLDS, Thomas Bridge-street, Belturbet Anna Lower Loughtee 16. REILLY, Peter Dublin-street, Ballyjamesduff 17. WALLACE, Solomon Swanlinbar Kinawley Tullyhaw 18. WALLACE, John R. Blacklion Killinagh Tullyhaw 19. YOUNG, Christopher Main-street, Belturbet
GUSTAVUS TUITE DALTON,
Clerk of the Peace, County Cavan
Cavan, 13th December 1859
December 31, 1859
DESTRUCTIVE CONFLAGRATION IN DROGHEDA--One of the most alarming fires which took place in Drogheda for many years occurred on the morning of the 26th, by which the splendid steam mill of John SHEKLETON, Esq., situated on the steampacket-quay, has been completely destroyed. The whole pile was, after some time, one awful blaze; the floors with their ponderous loads of machinery fell, and the greatest danger threatened the adjoining houses. However, the fire-engines were wrought up to four o'clock; and although the occupants of the buildings referred to must have suffered much loss by removal of their property, yet they may rest consoled that none of their houses were burned down. The mill premises present a number of blackened walls, within which is the once valuable machinery buried in heaps of smouldering debris. It is not yet known how the fire originated.
On the evening of Friday last an inquest was held, by M. D. DIXON, Esq., coroner, in the Enniskillen workhouse, on the body of a lad of 14, named Patrick MAGUIRE, who was brought into the house on Thursday in a dying state and expired that night. He had been an inmate of the house from the age of six till about two years ago, when he was hired out.
The jury adjourned to the dead house and examined the corpse. It was much swollen; the feet were blue, and spots of mortification on the legs. One of the jurors, who had seen the body before he was brought to the workhouse, said he looked far worse before death.
After the examination of Dr. WEST, the medical officer, Mr. PRICE, the Master, and Mrs. MURPHY, the infirmary nurse, who proved the wretched and dying state in which the boy was brought in,--the inquest was adjourned, at the request of the jury, till Wednesday, when it was resumed at one o'clock in the county Court-house. There were several persons in from the district in which the deceased was hired; but as the result of the investigation was different from what some apprehended it might be, we need not give their evidence.....The jury, after a lengthened examination of the witnesses, returned a verdict of death from "natural causes." They expressed their decided approval of Mr. PRICE's having an inquest held; and several severe things were said on the conduct of persons who hired out boys from the workhouse and did not pay sufficient attention to them.
By the way, the coroner himself came near being a subject for an inquest on Tuesday. He fell at his own hall door and dislocated his shoulder, and then had to go off to a distance to hold an inquest. He appears, however, to have sustained no serious injury.--REPORTER.
CAVAN PETTY SESSIONS--MONDAY
Magistrates present:--Theophilus Thompson, Chairman; Nathaniel Montgomery, William Babington, and Andrew Carden, Esqrs.
Constable Lawrence SHIELDS charged a man named Patt M'NALLY with having attempted to strike sub-constable SHELLY. He stated that he met the prisoner in the Main-street; was walking behind him, and saw him lift a stick, as if to strike SHELLY, who was immediately in front of him; caught his arm and prevented the blow; asked his name, which he twice refused to give; took him to the barrack; the prisoner had some drink taken, but witness could not swear that he was drunk; is of opinion, judging from the attitude of the prisoner at the time he intended to strike SHELLY.
The prisoner said he "didn't mind a ha'porth about it, as he had a 'drop' taken at the time." As a means of refreshing his memory in future, the Court ordered him to pay a fine of 5s. and costs, or retire from public life for a week.
Ellen REILLY (one of the "unfortunates") was brought up, in custody, charged with having stolen a purse, value one penny, and 5s. in silver, the property of Thomas SMITH....Miss REILLY denied that she had taken one farthing from him; said he had searched her immediately on missing the money; that he had knocked her down, and beaten her, and that notwithstanding, she had no money or any way of concealing it....The Clerk informed her that she might choose whether she would be tried by their Worships or be sent for trial to the Quarter Sessions, but that, as the stolen property was over 5s. in value, she could not be tried by their Worships except she pleaded guilty. After some deliberation, the prisoner pleaded guilty. The Court sentenced her to be imprisoned for one month.
Margaret LYNCH (another of the same unhappy class) was charged with being drunk and disorderly in Wesley-street on the previous night. Head-Constable MOORE proved the charge. She was sentenced to pay a fine of 5s. and costs, or be imprisoned for 48 hours. She paid the fine, and was discharged.
Thomas BENSON charged James SMITH (alias "Jemmy Go"), Terence GORMAN, and a girl named M'CAHILL, with having assaulted him on the previous night.
BENSON (whose head was severely cut, his face swollen and disfigured, and who is otherwise much injured) stated that he was in Mr. BERGIN's public house, where he resides, on the previous night, and was taking a glass of ale in the shop with a young man named M'MANUS, when "Go" came in, and caught both him and M'MANUS by the throat; remonstrated with him, as he had not given him any provocation for doing so, or been in his company previously; "Go" still held his grip, and shook witness, who was afterwards struck on the mouth, eyes, &c., knocked down, kicked....Cannot identify them all, but is quite positive that "Go" and the girl M'CAHILL were of the number....The charge was denied "in toto" by all the parties and a great number of witnesses on both sides were examined, but the evidence was of such a conflicting and "mixtherum-gatherum" description, that anything like a detailed report would be useless...The Chairman, at the termination of the evidence, said the magistrates were unanimously of opinion that a most brutal and wanton assault had been clearly proved against SMITH and the girl, and sentenced them to one month's imprisonment each--the case against GORMAN to be dismissed, at there was no evidence to support it.
On hearing her doom, Miss M'CAHILL went into violet hysterics--said she would die if they sent her to the "jug," she'd never get over it--appealed to the sympathising bystanders to enlighten her as to what was likely to "become of her at all, at all," &c. Growing more calm, she appealed to the Chairman to "lave her her grain o' hair, Captain Thompson, darlin', and the Lord reward you." The Chairman gallantly informed her that her tresses should be guarded from the unhallowed touch of the county hair-dresser, that they might gladden the hear of her sorrowing Romeo, when, like the silver moon from behind an envious cloud, she should emerge from her temporary confinement.
The announcement that she was not to be shorn of her capillary attraction seemed to bring joy to the heart of Miss M'CAHILL, but visions of the "jug" and the "mill" and the oakum museum were too terrible for her delicate nerves--too tragical a termination of the Christmas festivities--too sad a commencement of the new year--and again the fair pugilist appealed to the tender mercies of the Court to dispense with her visit to the Bastille, spare the over taxed county the expense of her board, lodging, and sundries for the dreaded month, and accept a fine in lieu thereof.
The Court declined to do so, as they considered her case a very bad one--that she should have been beneath the paternal roof, instead of fighting in a public house, on Christmas night.
Finally Head-Constable MOORE--the "quality" of whose "mercy is not strained"--kindly appealed to their Worships on her behalf, as to previous good character, &c.
The Chairman informed her that the magistrates having re-considered her case, on the recommendation of Mr. MOORE, were disposed to inflict a fine, instead of imprisonment, as they considered she might not perhaps come out of gaol altogether as well-disposed as she was at present. They would, therefore, fine her £1, which they hoped would be a caution to her in the future--one third of the fine to be given to BENSON.
There were only one or two other cases, which were of a trifling description.
County Cavan Newspaper Transcription Project
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