Cavan Observer
Published in Cavan, county Cavan
July 2, 1859
DEATH OF THE MARCHIONESS OF SLIGO.--We deeply regret to record the demise of the Marchioness of Sligo. Her ladyship died at an early hour on Monday morning last at the family residence in Harley-street. The late Marchioness was confined on Thursday, and the following day most unfavourable symptoms manifested themselves, and the lamented lady sunk under them. She was the Marquess's second wife, was the daughter of Mr. Anthony NUGENT of Pallas, county of Galway, and was only married to the Marquess in the summer of last year.
BAILIEBOROUGH SUMMER QUARTER SESSIONS
The quarter sessions of the peace for this division of the county Cavan took place, on Friday, June 24th, in the Court-house of the above town, before P. M. MURPHY, Esq., Q.C., Chairman of the county Cavan.
BELL v. O'HARE
This action was for the recovery of £6, loss and damage sustained by the plaintiff, Rev. W. BELL, in consequence of defendant's dog having mangled and tore two of plaintiff's sheep, thereby causing their death.
The only question to be decided was the amount of damage to which the plaintiff was entitled, the defendant having admitted that it was occasioned by his dog.
Messrs. DUNN and ARGUE, two respectable butchers, in Bailieborough, were sworn, and deposed that they were referred to as arbitrators; that they examined the sheep, and allowed the reverend plaintiff 6d. per lb. for the entire carcasses, which weighed 165 lbs..; but he thought this insufficient.
Mr. ARGUE said that the sheep were barely worth 6d. per lb., as they were not in good condition at the time they were killed.
His Worship gave a decree for £4 2s. 6d., the sum awarded by the butchers at the time they made the arbitration.
The reverend plaintiff applied for 2s. 6d., which he had to pay the butchers. The application was refused.
QUINLAN v. GELSTAN.
This was an action, brought by Owen QUINLAN against the Rev. Hugh GELSTON (sic), for the recovery of £7, being the amount of loss he sustained, in consequence of having bought from defendant two bullocks, which he alleged were engaged "all right, and sound;" but one of which died a few days after the purchase.
Owen Quinlan sworn--Bought two bullocks from defendant's servant, in consequence of their being represented to me as "nice, sound cattle;"...paid £7 for one of them, and £3 for the other;....one of them showed symptom of disease the same evening; was a little intoxicated when I bought them; paid for them same evening; sold the diseased one to a butcher for 10s.
Edward CAROLAN sworn--Is a butcher, and lives in Kingscourt; bought a diseased bullock from plaintiff, a short time ago, for 10s; go 9s. for the skin.....the beast in question had the appearance of disease the evening it was purchased; "it was drooped looking the day it was bought."
Matthew MARKEY examined--The bullocks were sent to my care the day they were purchased; one of them was incurably affected with disease.....
Rev. Mr. GELSON (sic) examined--Spoke to plaintiff about purchasing the cattle, but gave him no engagement....
His Worship said he felt some difficulty in coming to an adjustment of the question in this case; the plaintiff swearing that the cattle were sold to him as sound, and the defendant, asserting the contrary. In consequence of the plaintiff being a little the worse of liquor at the time of purchase his Worship, after mature deliberation, decided upon dismissing the case.
FLUKER v. HAMILTON
This was an action brought by John FLUKER, of Bailieborough, against Francis HAMILTON, a pensioner, for the recovery of £5 6s. 10d., for shop goods sold to him by Mrs. FLUKER.
Mrs. FLUKER was sworn, and deposed that she sold goods to the amount claimed....
Francis HAMILTON was sworn, and said that he paid her all he owed....
His Worship, not knowing which of them to believe, left the matter to the decision of two gentlemen, in Bailieborough--one to be selected by each party. The two so selected are Mr. PORTER and Mr. JAMES.
CUNNINGHAM v. BRADY
In this case, the plaintiff, Judith CUNNINGHAM, who is an old woman, sought to obtain damages of defendant, Terence BRADY, for having thrown her down and breaking her arm, besides inflicting other injuries on her person.
Judith CUNNINGHAM sworn--Was going to tether my goats in the bog when defendant came and knocked me down and broke my arm; the bog is none of the defendant's; he has no right to it whatever.
Mr. Armstrong--Hadn't you a "kippeen" of a stick with you at the time?
Witness--I had (great laughter).
Mr. Armstrong--And did you not strike him with the "kippeen."
Witness--I attempted to strike him...Terence BRADY examined--Went to drive away plaintiff's goats, and demanded trespass; she had a stick two and a half yards (laughter)....She struck at me, but I evaded the blow....
His Worship dismissed the case without costs.
SMITH v. TROTTER
The plaintiff in this case, who was a poor man, named Patrick SMITH, brought the action against James TROTTER, for loss and damage, in consequence of an attack or assault committed upon him and his wife by defendant's wife, who it was alleged, came to plaintiff's house while he was absent, and broke and destroyed his furniture, besides abusing his wife, and himself also when he came home. The damages were laid at £10.
Plaintiff sworn--Had a house from James TROTTER; was a caretaker for him; performed my business faithfully and honestly; got the house in May, '57; Margaret TROTTER came and tore down my bed while I was out....she also broke my oak chest, and threw my bed into the "gullian'....
Margaret TROTTER examined--I am wife of James TROTTER, the defendant...
Mr. MAHAFFY--I supposed you would not give your husband authority even to come here.
Witness--I did not prevent him; he is here, but I was called first.
Mr.Mahaffy--I am sure you give him very little liberty at home.
Witness--I give him liberty enough; plaintiff would be playing cards and not minding his work; it was for that reason I put him out; when he would not go quietly I forced him out; he brought me before magistrates
Mr. Mahaffy--What did they say to you?
Witness--Oh, they laughed and jested at me.
Mr. Mahaffy--But afterwards fined you 10s.
Witness--They did fine me 10s.His Worship--Well, I'll neither jest with you nor laugh at you, but I'll fine you 20s.
FARRELLY v. MOORE
This was an action for £5 loss and damages sustained by plaintiff for that. The defendant, on the 12th day of April last, did fariously ride or drive a horse or mare, and tread on and trample upon a white gander, plaintiff's property, at or convenient to Moyle-bride.
Margaret FARRELLY sworn--Is the plaintiff in this action; knows the defendant killed the gander, but did not see him doing so;...
Michael CLARKE sworn--Knew the gander; it was killed by Patt. MOORE...
Patt. MOORE sworn--Did not kill the gander....
Mr. MAHAFFY here insisted that plaintiff's action was an illegal, as the geese were kept upon the road so as to endanger the public safety.His Worship dismissed the case, without costs and without prejudice.
BRADY v. BRADY
This was an action for £20 brought by Anne BRADY against Thomas BRADY, her brother, which sum she said was due as being earned by her as housekeeper, and had been promised by her brother. Both plaintiff and defendant are young persons who are not married....
The defendant stated that during the early part of the time for which plaintiff claimed wages, two other brothers, father, and himself, and also his sisters lived in the one house; that he had lately become purchaser of the land himself, but that during the time plaintiff was with them (the entire family), they lived in two houses....
His Worship believing that defendant was not entitled to give his sister any money, dismissed the case without costs or prejudice.
The other cases were uninteresting.
CAVAN PETTY SESSIONS--MONDAY
Before W. Babington, Esq., J.P., and A. Carden, Esq., J.P.
Washington BELL v. Peter BRADY
In this case (which was adjourned from the previous Monday) the complainant stated that on the 14th of June last, he went into Mr. BRADY's house in company with a young man named Francis M'CABE, his partner, to get paid for some lime which Mr. BRADY had purchased from them; that Mr. Brady treated them, and spoke friendly to them, but in the course of the settlement some dispute arose between them, and Mr. Brady after paying them, called complainant a liar, and said he was impertinent; also called him a robber; complainant said Mr. Brady was a greater robber; whereupon Mr. Brady came to the shop door, where complainant was standing, and kicked him out.
Francis M'CABE corroborated complainant's testimony.....
Mr. Brady did not deny giving Bell a kick, but he had been provoked to do so by Bell's own conduct...
A man named CLARKE swore that he was standing in Mr. Brady's shop when he was paying complainant for the lime; Mr. Brady was behind his own counter at the time; heard Bell call Mr. Brady a liar and a robber...
Bell and M'Cabe denied having seen Clarke in the shop at the time.....and that the servant girl alluded to by Clarke was not present.
The girl was called, and deposed that she heard the argument.... was in the room adjoining the shop at the time; would not recognise those men again...The witness appeared so timid that her evidence was almost inaudible.
MALONE V. HARDMAN
Mr. John Armstrong, who appeared for the complainant in this case, stated that it was an action brought by his client, who kept post horses and cars for hire, to recover the sum of 5s., due by Mr. HARDMAN for car hire....The complainant was then sworn, and stated that Mr. HARDMAN hired a car for Crossdoney from him on the 3rd of December, the charge for which was 2s 6d.; on a subsequent occasion Mr. GRAHAM hired a car for himself and another gentleman, to go to Ballyjamesduff, and Mr. Hardman went to Ballyjamesduff on this car, for which 2s. 6d. was charged.
Mr. Hardman said he admitted the charge for the journey to Crossdoney....but denied that he had a right to pay for the journey to Ballyjamesduff, as he merely went on Mr. Graham's invitation...
The Court gave an order for 2s 6d., without costs.
A man named James O'BRIEN and another named TIMONS, both residents in Mudwall-row, appeared to answer a notice to quit served upon them, and were allowed a week's grace to procure another habitation....
James SMITH summoned Loughlin LEE for allowing several head of cattle to trespass on his land. The Bench imposed the usual fined per head.
A GOOD SON
Judith BRADY summoned her son, Patt. BRADY for having, on the 22nd of June, assaulted her, and also with having turned her cow out of the field where it was grazing.
The old woman stated that she had never given up possession of the house she occupied during her husband's life, and which she still occupies....
Mr. KENNEDY's name having been mentioned by her in the course of her evidence, the case was allowed to stand by until he came to court, when he stated that he understood the old woman was entitled to the grass of a cow; and he recommended, as they were respectable people, that their dispute be referred to the Rev. Thos. BRADY.
The Bench also advised this course, and said it was a shame for the defendant to act in such a manner towards his mother.
Anne SMITH, Alice SMITH, Mary SMITH, Hugh SMITH, Michael SMITH, and several other SMITHs appeared to invoke the penalties of the law upon each other for assaulting, trespassing, abusive epithets....of what a happy family the are, and in what Christian spirit they interpret the Divine command, "Love one another." As the case (or cases) appeared to have arisen about a bog, to which each party claimed to be entitled, their Worships adjourned the case, and advised them to refer the matter to Mr. MAGGETT, the bailiff on the estate....
M. GILHOOLY v. Catherine NULTY
This was a case of trespass. Plaintiff holds a portion of con-acre from defendant's brother....It was argued for the defence that complainant's fences were bad; but complainant, in reply, asserted that he had no right to keep the fences or mearing in repair as he merely held a plot of con-acre....A long discussion ensued as to the nature of con-acre holdings.....Charles SHERIDAN was examined, and deposed that he was present when the bargain was struck....but there was nothing said about repairing the fences.....
James RAHALL v. James MULLIGAN and Catherine MULLIGAN.
This case arose out of the ancient custom--"a custom more honoured in the breach than the observance"--of lighting bonfires on the 24th of June, in honour of St. John (?).
RAHALL stated that he was on Cock-hill on the night in question, along with other "boys" viewing the bonfires, and saw defendant striking a little boy for taking a bush, and told him to desist, whereupon MULLIGAN said he would do the same to him....
Mr. REID, of Wesley-street, who was called upon by complainant, deposed to having seen Mulligan strike complainant...
Mr. Babington said himself and brother magistrate were of opinion that the assault was proven, but as complainant should have been at home in bed, instead of raising conflagrations on the Cock-hill, they considered it was not a case calling for any heavy penalty, and would only inflict a fine of sixpence and costs.
THE FAIR AT STRADONE
Michael MANING and John HALLAHAN (two young lads) were charged with having committed an assault upon one of the Stradone constabulary on Friday, the fifth ult., the annual fair day of that town. It appeared from the evidence of Sub-constable DUFFY and M'GOWAN that some of the police were assaulted on that day and they succeeded in arresting a man named LYNCH (since discharged) and whilst bringing him to the barracks, a large number of people made an onslaught upon them and knocked down one of the police, and the two prisoners struck the policeman who was knocked down several blows with sticks.
Sergeant M'CARTHY was also examined....
On being asked what they had to say, HALLAHAN said he was in Stradone fair that day for the purpose of buying pigs for a dealer...He was drunk at the time of the riot, and did not strike a blow until he had been struck himself....MANNING made a similar statement.
The Court (after offering to defer the case if they had any evidence as to character or to rebut the charge) sentenced the prisoners to two months' imprisonment, with hard labour.
There being no other cases, the Court then rose.
ENNISKILLEN PETTY SESSIONS--MONDAY
Magistrates present--M. D. Nixon, Esq., B. H. Holmes, Esq, and Captain Corry.
Thos. GUTHBRIDGE v. Baptist GAMBLE--This was a question of trespass and Messrs. GRAHAM and COLLUM, the attorneys, prevailed on their clients to refer it to the arbitration of two neighbours.
S. C. Thomas DAWSON v. John JOHNSTON and Patt. GILLIECE--The first defendant (the locally well-known "Knock-it-out Jack") was charged with being drunk and disorderly and with assaulting DAWSON; the other with attempting to rescue Jack from the constable. They were sentenced to a month's imprisonment each.
Catharine CANNING and a boy named WHELAN were brought up on the charge of being pickpockets.--There was no proof against them, and they were discharged.
Peter M'NAMEE for driving a coach furiously along the street to pay five shillings and costs or to be imprisoned for a week.
James CROZIER v. Barbara BETTY and William BETTY, and William BETTY v. James CROZIER.--This was one of those constantly recurring cases in which trespass, assault, &c., arise out of deficient and disputed fences. After a lengthened course of flatly contradictory swearing, the whole dispute was referred to Mr. BURKE, the agent.
Francis SMITH was fined 6d. and costs for trespassing on land belonging to the Earl of Belmore.
Constable ROSS charged seven young lads with gambling on Sunday on Cole's hill. Four of them were identified, and ordered to pay an Irish shilling each and costs; two of them paid; and the others got a wee to pay in.--"Ibid."
ENNISKILLEN QUARTER SESSIONS
TUESDAY
Jane POTTER was indicted for stealing a gown, the property of Mary OWENS, at Lisbellaw. Guilty. Three months' hard labour.
Thomas LOVE was indicted for stealing a shirt, belonging to James HALL, at Drumclay, on the 22nd of May; he was also indicted on another charge for stealing a pair of trowsers, the property of Thomas M'MULLEN, at Drumclay, on the 20th of May.--Guilty in two charges. A former conviction was proved. For the trowsers, seven years' penal service, and for the shirt, seven years' penal service, to commence from the expiration of the former sentence of ten years, his ticket of leave being re-called.
Anne KENNEDY was indicted for stealing a piece of cotton from the shop of Mr. John KERR, on the 19th of May. Guilty. Twelve months' hard labour.
Mary TYRREL was indicted for obtaining money on false pretences and pleaded guilty. Three months' hard labour.
James HAUGHEY, for stealing from the person of John DUNDAS, the sum of 7s., at Belleck. Guilty. Twelve months hard labour.--"Reporter."
BIRTH
June 20, at Maguirsbridge, the wife of Rev. Thomas ABRAHAM, of a daughter.
MARRIED
On the 14th ult. at Hove Church Brighton, by the Rev. W. KELL, vicar of Hove, Arthur Loftus TOTTENHAM, Esq., of Glenfarne Hall, county Leitrim, Captain in the Rifle Brigade, to Sarah Anne, only daughter of the late George Addenbrooke GORE, Esq., of Barrowmount, Gore's-bridge, Kilkenny.
On the 28th ult., at St. Peter's Church, by the Ven. the Archdeacon of Elphin, assisted by the Rev. William IRWIN, the Rev. James Irwin DUNCAN, of Drumconrath, Co. Meath, to Anne, only daughter of the late James COLLINS, of the War Department, Dublin.
On Saturday, the 11th ult., at St. Peter's Church, Dublin, by the Rev. Charles L. Thomas GEORGE, Smyth MALLEY, Esq., son of the late William MALLEY, Esq., of Ballina, to Eliza Anne, daughter of the late John KIRKWOOD, Esq., J.P., of Killala, county Mayo.
DIED
On Tuesday last, at her mother's residence Wesley-street, Cavan, Kate, daughter of the late Rev. G. GUARD, aged 18 years.
On yesterday morning, John, the beloved son of Mr. James PARKER, merchant, Main-street, Cavan, aged 19 years.
At Cootehill, on Friday, the 24th ult., of disease of the heart, aged 61 years, Mr. Edward COONEY, sen., T.C. In business a man of the strictest integrity and honour, an extensive and kind employer, an indulgent and anxious parent, a good neighbour, a useful citizen--being among the first, with purse and personal exertions, in every movement for the improvement of his native town--a member of one of the oldest and most respectable families of Cootehill, he was held in the highest esteem--esteem fully proved by the immense number who attended his remains to their last resting place.
On Tuesday, the 28th ult., at 9 Waterloo-road, Dublin, Jane, the beloved wife of Daniel LITTON, Esq.
July 9, 1858
COURT OF BANKRUPTCY AND INSOLVENCY
COUNTY OF MONAGHANIn the Matter of
GEORGE BROWN, OF DRUMFALDRA MILLS,
n the County of Monaghan, Miller,A Bankrupt:
TO BE SOLD BY AUCTION
By Order of the Court, at the said Court, FOUR COURTS, DUBLINOn FRIDAY, the 15th day of JULY, 1859
At the hour of TWO o'clock, in the AfternoonALL THE ESTATE, Right, Title, and Interest of the Bankrupt, and of his Assignees and Mortgagees, in and to certain Lands, situate in the Parish of AGHNAMULLEN, and
COUNTY OF MONAGHAN
Containing 34A. 1R. 2P., Irish Plantation measure, equivalent to 55A. 2R. 0P., English Statute measure, held under the Lease from ROBERT MURDOCK, Esquire, for the residue of a term of 99 years, from 1st January, 1847, subject to the Yearly Rent of £200.
Dated this 8th day of June, 1858.
CHEYNE BRADY
Chief Registrar
CAVAN PETTY SESSIONS COURT--MONDAY
Before T. Thompson, Esq, J.P., chairman; W. Babington, Esq.; J.P.; A. Carden, Esq., J.P.; and R. Hickson, Esq., R.M.
The case of the SMITHs came on again to-day, Mr. J. Armstrong appearing for Alice Smith; but as Mr. MAGGETT, the bailiff of the estate, to whose decision it had been referred on last court-day, was in Bundoran, the case was postponed for a fortnight...
The case of some men whom the police found in the street quarrelling on this morning was brought before the court. It appeared that one of them disposed of a horse--Mr. Edward FEGAN being the auctioneer--and, not being satisfied with the price obtained for it--wanted to "fetch a vet." as he termed it, after the sale. A dispute arose between the parties in consequence and they were brought before the Court by the police, who were apprehensive that some further breach of the peace might ensue.
The Court ordered the parties in fault to find security to keep the peace for 12 months.
John M'DONNELL, of Drumsillagh, summoned Hugh BRADY, of Butlersbridge, for having allowed some cattle to trespass on his oat crop. The usual penalty was imposed.
Jane SEXTON summoned Anne TIMMONS for abusive and violent language; and Anne TIMMONS preferred a like complaint against Jane SEXTON.
Both the belligerents were denizens of Mudwall-row--the Kremlin of Cavan--and, according to their own account are very happy neighbours--the former stating that she is in hourly dread of annihilation at the fair hands of the gentle Anne, who lately accoutered herself in male costume, and, armed with a sledge hammer, proceeded through the "Row" endeavouring to kick up a row with her....
Their Worships being a little puzzled as to which side was most to blame, dismissed both cases, and informed the fair disputants that, if they came again before the court, their return to Paradise-row might be protracted for two or three months.
John HUMPHRYS was charged with having on the 23d of June, wilfully and wantonly fired six shots from a gun, with intent to do Mary O'BRIEN and others serious bodily harm.
Sub-Inspector NAPIER said that he had received information of the shots having been fired, and did not think it a case which he could, consistently with his duty, pass over.
Mr. T. REILLY said that there was no malice whatever in the case, and neither Mary O'BRIEN or any of the other parties wished to prosecute, as they always lived on friendly terms with HUMPHRYS, who is the son of a highly respectable farmer, living at Drumgoola. He was drunk at the time...
The Magistrates were, however, of opinion, that, though there might have been no malice in the case, yet it was one calling for punishment, as the lives of several persons were placed in danger, and decided upon hearing the evidence..... All the witnesses seemed to think there was no malice in the case.
The Court, however, decided on sending it for trial to the Quarter Sessions.
Pat BRADY, of Oldtown, a road contractor, summoned Jerat GREGG, for having built a wall at Cockhill, without the sanction of the County Surveyor.
Mr. GREGG said the County Surveyor had told him that the wall was an improvement....
The Chairman said that he himself considered the building of this wall as a very great improvement; but that it was necessary in such cases to get the sanction of the County Surveyor....Mr. GREGG said he was ignorant of the law on the point, but would be happy to make any change required by the County Surveyor. The Court directed him to pay the costs, and make the required change.
Richard LYNCH summoned Michael REILLY for having left his employment, and deposed that he hired the lad on the 14th of May last until November, but he left his employment on Tuesday last.
REILLY stated that complainant had promised to have more servants to do the work than he has at present;...Complainant denied this...In answer to the Bench, he refused to take the boy back...The Bench ordered him to pay the costs, and keep the portion of wages (about 10s.) due to Reilly.
MORE OF THE STRADONE FAIR.
Sub-Constable CARROLL charged James LEE with having, at the last fair of Stradone, struck him with a stone, and with having incited others to riot on the same day.....Mrs. LENEHAN (Lee's employer) gave him an excellent character for quietness and honesty....
Sergeant M'CARTHY charged Michael REILLY with having been rioting in the streets of Stradone on the same day..Sub-Constable SMITH charged Thomas LYNCH with having assaulted him on the same day....Sub-Constable MONAGHAN deposed to having seen Lynch strike Smith on the head with a stick.
Phil BRADY and John BRADY were charged with riot and attempted rescue on the same day, but did not appear.
The Court ordered a warrant to be issued for their arrest; and directed Michael REILLY to find security to keep the peace for seven years...and sentenced LEE and LYNCH to be imprisoned and kept to hard labour for two months each....
The remaining cases were few and of a trifling nature.
BAILIEBOROUGH PETTY SESSIONS
These weekly sessions were held on Tuesday, the 5th instant, before John Veeveres, Esq., R.M.
CREELY v. CARPENTER
Ann CREELY, a servant girl to Mr. M. CARPENTER, of Bailieborough, had got into some quarrel with her master and mistress, and finally resolved upon taking the matter before the magistrates.
As it was rumoured that this case would prove a funny trial, the court was crowded to excess.
Plaintiff stated that she had been hired in and brought from Dublin by Mr. CARPENTER some time ago; but that finding things very different from what she had expected, she was obliged to rebel against many things; and was in the end paid off, and sent about her business in a strange town.
Mr. Carpenter proved to the satisfaction of the court that the girl left her place, and was not paid off, or sent away against her will; he also produced Mr. OWENS to show that she had not been ill-treated.
His Worship took a lenient view of the case and dismissed it without prejudice, provided Mr. Carpenter would leave the smart, and eloquent Ann CREELY where he got her.
Alice LYNCH v. DANCY
This was an action to recover wages due. Plaintiff had been hired as servant with Mr. Edward DANCEY (sic), of Rakeeran, at 30s., but in consequence of bickerings and running away during the half year defendant had paid only a pound of the wages. Plaintiff was well able to tell her story, and drew a harrowing picture of the treatment she had met with; the most disgusting of all was the dietary on which she was obliged to live.
Defendant also was not without a plausible defence, and so his Worship thought it better to divide the disputed money. Ordered to pay 5s. out of 10s. with costs.
DANCY v. M'CABE
DANCY, the defendant, in the last case, summoned John M'CABE for huzzaing (sic) after him, and calling him names--"Russian bear," "try-the-hers" &c.,--and which irritated the mind of Mr. Dancy very much, and left him no resource but the law.
His Worship considered the case too trifling for anything but dismissal.
Constable ESDALL v. NESBITT
Jane NESBITT, a girl of world-wide fame, and dressed in the latest fashion with skirt out-spread and drooping hat, appeared to answer to the charge of drunkenness.
Jane had no recollection of being drunk; she had a indistinct memory of having taken a drop, but that she was drunk she could not believe.
In this case, as in nearly all like cases, his Worship fined 5s., or in default of payment, 48 hours confinement. The court was then adjourned.
BIRTH
At Ballyarthur, county Wicklow, the lady of John C. TALBOT, Esq., of Mount Talbot, county Roscommon, of a son and heir.
MARRIAGES
At St. Ann's church, William JOHNSTON, Esq., eldest son of Noble JOHNSTON, Esq., of Rockingham, county Cork, to Maria, daughter of the late Henry OSBBORNE, of Dardistown Castle, County Meath.
DEATH
March 28, at Melbourne, Australia, Patrick HARKEN, Esq., late of Ross, Co. Roscommon.
July 16, 1859
BIRTH
On the 8th instant, at Nahillah, the wife of David Fielding JONES, Esq., J.P., of a son.
DEATHS
On the 6th instant, at Northtown Veran, Taunton, Major Fielding Shaws JONES, late of the 23rd Light Infantry, and 6th (Iuniskilling) Dragoons, aged 76.
On the 10th inst., at Castle-Archdall, the residence of her son, Mervyn ARCHDALL, Esq., M.P., county Fermanagh, Matilda, the beloved wife of Edward ARCHDALL, Esq., of Riversdale, in the same county, daughter of the late, and sister of the present William HUMPHRYS, Esq., J.P., of Ballyhaise.
On the 8th instant, at Lishall, near Bailieboro', Esther, the beloved wife of Mr. VERDON, Dublin.
We are glad to announce that the Rev. Thomas GUARD, of Belfast, will preach in the Wesleyan Chapel, Farnham-street, on to-morrow evening, at 7 p.m.
Mrs. TOTTENHAM and the Misses TOTTENHAM, accompanied by A. S. TOTTENHAM, Esq., and his bride, arrived recently at Glenfarne Hall, county Leitrim. One of the young ladies plays the harmonium in Killinagh Parish church on Sundays, during their stay at Glenfarne.
CAVAN SUMMER ASSIZES
On Monday, at three o'clock, the Assize for this county opened, before Justice PERRIN and Baron HUGHES, the latter being greeted with loud cheers on his entering the Crown Court. Silence having been restored, the usual formalities were observed, and the Grand Jury re-sworn, the following gentlemen answering to their names.
Hon. Lieut.-Colonel MAXWELL, M.P., Foreman;, Captain the Hon. Hugh ANNESLEY, M.P.; Hon. Somerset R. MAXWELL, Robert BURROWES, Esq., D.L.; Anthony O'REILLY, Esq.; Colonel H. CLEMENTS; Sir W. HORT, Bart.; T. CLEMENTS, Esq.; John H. VERNON, Esq.; J. STOREY, Esq.; J. HAMILTON, Esq.; J. H. ADAMS, Esq.; D. F. JONES, Esq.; B. S. ADAMS, Esq.; Nathaniel MONTGOMERY, Esq.; James FAY, Esq.; Captain Michael PHILLIPS; J. DIXON, Esq.; Edgar R. BREDEN, Esq.; J. LITTON, Esq.; William TATLOW, Esq.; Robert ERSKINE, Esq.; John GUMLY, Esq.
Baron HUGHES then addressed the Grand Jury...
A portion of the criminal business was afterward gone into, and the remainder heard on Tuesday. We subjoin the cases:--
Joseph RUDDEN, James REILLY, and Thomas FARRELLY, were charged with assaulting Michael BLEAK, steward of the High Sheriff, Edward SAUNDERSON, Esq., during the last assizes in Cavan. The prisoners pleaded Guilty. James REILLY was sentenced to 12 months' imprisonment from the present, and the other two from the time of their committal, with hard labour.
John REILLY was charged with striking Bernard SMITH, on the 13th of March, at Ballyhaise, a blow upon the head, from the effects of which he has since died. Guilty of manslaughter, with a recommendation to mercy on account of the provocations he received. Six months' imprisonment, with hard labour.
Patrick MAGOVERN was indicted with receiving five shillings in silver, the property of Mathew LOUGH, of Cavan, well knowing the same to have been stolen. Guilty--Twelve months' imprisonment from the time of his committal.
Eleanor TOSH and Mary JAMIESON, were indicted at Cootehill, with stealing a silk pocket handkerchief, the property of Richard STEPHENS. Guilty. Six months' imprisonment each.
Mary CONNOLLY and Jane CONNOLLY were charged with entering the houses of Pat GAFFNEY and John ORANGE, and stealing therefrom several articles of wearing apparel. Guilty. Mary CONNOLLY, who was transported for seven years on a former conviction, was sentenced to 12 months' imprisonment. Jane Connolly, 6 months' imprisonment.
GANNON and six others were indicted for an assault upon George MAGARAHAN on the 22nd June last. From the statement of Magarahan, who was very severely cut, it appeared that the prisoners committed an unprovoked and wanton assault. For the prisoners it was contended that they were struck first, and got the worst of it. The jury returned a verdict of Acquittal.
RECORD COURT
On Monday evening, Mr. Justice Perrin entered the Record Court, shortly after three o'clock.
LAMB v. LOUGH
This was an action in which the plaintiff claimed to receive £8, the amount of loss and damage sustained by him through a breach of warranty on defendant's part in selling him as "good, sound, new Riga flax-seed," a mixture of flax seed and some other seed, which grew nothing but weeds. A jury of six was sworn to try the case.
Witnesses were examined on both sides, after which his lordship charged the jury, telling them that the principal question was whether a warranty had been given by defendant's salesman or not.
The jury disagreed. The court adjourned till Tuesday morning.
Mr. Justice Perrin entered the court at 10 o'clock, and proceeded with the case of
Mark PATTERSON v. Midland Great Western Railway Company
The following gentlemen were sworn as a special jury:--E. F. HUDELSTON, R. F. O'BRIEN, T. BOYLE, A. BERRY, P. HORAN, A. LAMB, A. B. BOOTH, A. CARDEN, A. KILROY, R. B. BOOTH, W. M. BLACK, and R. S. MOOREHEAD, Esqrs.
The action was brought to recover the sum of £1,000 as damages for injuries sustained by the plaintiff through the negligence of the defendants, he having fallen from the goods' platform of the railway. There were six counts in the summons and plaint. The first complaining that the railway station was not properly lighted ad fenced; the second, that defendants had not a proper platform; third, not having the platform guarded and fenced; fourth, not safely carrying the plaintiff; fifth, for detaining the carriage in which plaintiff was an unreasonable time before bringing it to the platform; and sixthly, for negligently keeping their station......
Several witnesses were called and examined for the defence, and his lordship having charged the jury, a verdict for the plaintiff, with £90 damages was given.
LAWLOR v. SAUNDERSON
This case, which had been appealed from the last Quarter Sessions, did not come on for hearing, his lordship stating that he would enter it as a remanet.
Miss SAUNDERSON's counsel applied to his lordship for an order to restrict the appellants from committing waste, as they were cutting the most valuable portion of the bog away. If necessary, an affidavit to that effect could be made.
After some objections, appellant's counsel consented to this, and the order was made.
His lordship said that in the case of LAMB v. LOUGH, he would also enter it as a remanet, but recommended the parties to settle the matter.
This closed the Record business, and his lordship left town on the following morning.
COUNTY FERMANAGH ASSIZES
Enniskillen, Thursday
The following gentlemen were sworn before the High Sheriff, on Tuesday last, upon the Grand Jury:--Henry Mervyn Irvine D'ARCY, foreman; George F. BROOKE, John G. V. PORTER, John C. BLOOMFIELD, Hon. Cavendish BUTLER, Francis J. GRAHAM, James LENDRUM, James E. TENNET, John COLLUM, Paul DANE, Robert ARCHDALL, Capel ST. GEORGE, Edward IRVINE, John BRADY, Alexander NIXON, Maurice C. MAUDE, James CLARKE, John P. HAMILTON, Henry ECHLIN, Matthew H. SANKEY, George WOOD, Edward ATTHILL, James BENISON, Esqrs.
There are only two trifling cases for trial in the Crown Court. Three of four records are spoken of, but some of them will, it is thought, be settled out of court; one (for damages to his house) is brought by Mr. A. COLLUM against the Provincial Bank, which has created great local interest.
COUNTY LONGFORD ASSIZES
CROWN COURT
Mr. Justice Perrin entered the court on Friday morning at ten o'clock, while the commission having been read by John E. O'FARRELL, Esq., Clerk of the Crown, the grand jury were re-sworn....
The Queen v. Keon HART
The prisoner was indicted for the manslaughter of Rose SHEERAN of Lettergeerah. Acquitted.
Counsel for the Crown, Messrs. PEEBLES, Q.C., and S. Y. JOHNSTONE. Counsel for the prisoner, Mr. STRITCH.....
RECORD COURT
There were no appeals for this county.
M'MANUS v. M'GOVERN
This was an action of trespass, to try the right of the plaintiff as to the grazing of two acres of bog. The plaintiff claimed under a lease of 1789, containing a grant of the exclusive right of grazing on the lands in dispute, the defendant traversed the property, and pleaded the leave and license of the plaintiff. The jury found for the plaintiff, with 5l. damages.
ROSCOMMON ASSIZES--July 11
CROWN COURT
Jude BALL and Baron GREEN arrived this afternoon, and the former proceeded at five o'clock to the Court-house to open the commission......The business of the assizes is very light......
TUESDAY--JULY 12
MANSLAUGHTER
Michael and William FALLON were indicted for that they on the 21st of March last did kill and slay one Michael TRACY, at Monkstown, in this county.
Messrs. BEYTAGH and MORRIS prosecuted.
Thomas STANFORD examined by Mr. Beytagh--was returning home from the fair of Athlone in company with the deceased and his (witness's) brother, John; when they had come to Monks and a cart with several persons on it overtook and passed them by; shortly after, when they had proceeded a little further, they came up with the cart which had been stopped, and the people on it had got off, and were standing near it; when witness came up he was struck with a stick by the prisoner, William FALLON, and knocked down and his head cut; the deceased did not say a word to the prisoners; the prisoners then went on and shortly afterwards witness again came up with them, and they asked the prisoner William Fallon what his reason was for beating him, when the prisoner's sister replied, "John, they did not know you from Adam."
The witness was not cross examined.
Margaret TRACY examined by Mr. Morris--Is the widow of the late Michael TRACY; remembers the 21st of March; her husband came home in the evening in a very bad state; he had a cut in the head and died about ten days after.
This having concluded the evidence for the crown, his Lordship directed an acquittal.
The Grand Jury having entered court, Judge Ball called their attention to some complaints which had been made to him against Mr. KEOGH, one of the county coroners, who, it was alleged, was unable from age or other causes to discharge his duties efficiently; and requested them to make inquiry into the subject. The grand jury promised to do so, and retired. It transpired later in the day that Mr. KEOGH had resigned.
RECORD COURT
(Before Baron GREEN)
DODWELL v. ELWOOD
This was an ejectment on notice to quit, to recover possession of the lands of Lisserdrea, in this county. It appeared the defendant had been in occupation of the lands since 1849, and had continued paying the rent up to March, 1859, when notice to quit was served on Mrs. HALL, who, it was alleged by the plaintiff, was a real tenant, and that therefore such notice to quit affected the defendant, who was her under tenant.
For the defence it was contended that the defendant was, in fact, the real tenant, and had always been dealt with as such by the plaintiff, and had paid his rent on his own individual account, and not as under tenant to Mrs. HALL; and that, therefore, not having been served with notice to quit, the proceedings as against him must fail.
At the close of the case a compromise was entered into, which resulted in the defendant paying the costs of the present proceedings, and getting a lease at the old rent.
Counsel for the plaintiff, Messrs. CARLETON and MORRIS. Counsel for the defendant, Messrs. WEST, Q.C., KELLY, Q.C., and HARKAN.
BOY DROWNED--On last Sunday evening, a young man, named M'BRIEN, was drowned in a lake convenient to the church of Knockbridge. There were several other persons with the unfortunate young man at the time. Every effort was made to recover his body, but all means that were tried, up to a late hour in the evening, were fruitless. The deceased went, as well as there that were with him, to have a boat in the lake where he was drowned.
FATAL ACCIDENT--STEDALT, MONDAY, JULY 11--This neighbourhood has been thrown into a great state of grief since Saturday night on the inhabitants having learned that Mr. Joshua COOGAN, of Whiteleas, near Bellewstown, had been found dead on the road on said evening with a gash on his head. Mr. COOGAN was one of the wealthiest and most respectable farmers and graziers in the county Meath, having held upwards of three hundred acres of excellent land; and had reared splendid flocks and horned stock. He was known all over the county, having usually sent his stock to the different leading fairs, and was respected wherever he was known. On making inquiries I have learned the following particulars:--On Saturday morning, as was his wont, he came into the market of Drogheda to transact business, and having attended the Corn Market up to its close, he proceeded to the house of a friend in that town, where he dined. Subsequently he left Drogheda, and proceeded homewards on horseback. He had ridden about five miles and was found within about a mile of his own house quite dead by a woman, his horse grazing by the side of the road. It is thought the horse had fallen under him, or that he himself had fallen off the horse. One or two wounds appear on his temples, to which the woman who discovered the body attended in vain. Hugh MARTIN, Esq., one of her Majesty's coroners for Meath, held an inquest at Mr. COOGAN's own house, to which the body was removed, and a verdict returned according to the above facts. The poor have lost in him a most benevolent friend, he having often given shelter to a score at a time.--Correspondent.
July 23, 1859
ECCLESIASTICAL INTELLIGENCE
(From the Irish Ecclesiastical Gazette)
APPOINTMENTS
Diocese of Armagh--Rev. Arthur MOLONY, to the prebend and rectory of Ballymore; Rev. Francis CRAWFORD, to the rectory and vicarage of Derryloran; Rev. James PATON, to the curacy of Kilmore.
Diocese of Cashel--Rev. John A. LONG, to the curacy of Killea, Dunmore East; Rev. Charles CARROLL, to the curacy of Templetuohy; Rev. T. W. S. COLLIS, to the curacy of Ballysheehan; Rev. H. H. MADDENT, A.M., to the chancellorship of Cashel.
Diocese of Dublin--Rev. Alexander LEEPER, to the prebend of St. Audeon's; Rev. John BLACK, to the assistant curacy of St. Mary's.
Diocese of Elphin--Rev. ___ FINNERTY, to the curacy of Drumcliffe.
Diocese of Meath--Rev. Graham CRAIG, to the curacy of Athboy; Rev. Henry BURROWES, to the curacy of Tullamore; Rev. M. A. CLAIRE, licensed to preach in the diocese.
Diocese of Raphoe--Rev. J. W. CHAMBERS, to the curacy of Killaghtee.
RESIGNATIONS
Diocese of Armagh--Rev. Arthur MOLONY, rectory and vicarage of Derryloran; Rev. Francis CRAWFORD, perpetual curacy of Portadown.
Diocese of Elphin--Rev. G. W. DALTON, vicarage of Kilbrogan.
Diocese of Meath--Rev. H. BURROWES, curacy of Raddanstown; Rev. A. D. MACNAMARA, curacy of Tullamore.
DEATH OF HENRY GRATTAN, ESQ.--Henry GRATTAN, Esq., only surviving son of the immortal GRATTAN of '82, died suddenly on Sunday at her residence, county Wicklow. Mr. GRATTAN was in Dublin a few weeks since in excellent health and spirits, and seemingly bid fair for a long and vigorous life. In early life, Mr. GRATTAN represented the city of Dublin; he afterwards represented the county of Meath for a considerable period; but since 1852 he has been comparatively in private life. We have not been able to ascertain the nature of the attack under which he succumbed.
CAVAN PETTY SESSIONS--MONDAY
(Before T. Thompson, Esq., J.P., and W. Babington, Esq., J.P.)
The cases before their Worships on this day were few in number and of a trifling nature and the Court adjourned at an early hour.
SHERCOCK PETTY SESSIONS--JULY 14
Before B. S. Adams, Esq., J.P., John H. Adams, Esq., J.P., and John Veevers, Esq., R.M.
CLARK v. HARPER
In this case the plaintiff, Thomas CLARK, summoned John HARPER, of Druminick, with whom he was hired, for wages in consequence of his being discharged from his service without a just cause......The defendant stated that plaintiff was a very undutiful fellow; that he would do nothing only what he thought proper himself;...Their Worships having heard both stories, dismissed the case without costs.
PHILLIPS v. KEAPPOCK
This was an action for an assault.
The complainant stated that he was with his brother, who was wanting a plot of bog from J. H. ADAMS, Esq., (one of the presiding magistrates) on 30th ult.; the defendant was abusing his brother saying that his brother ought to be put out of the country, for he was annoying all the neighbours; the complainant interfered on behalf of his brother, but did not strike; and for so doing, "Keappy" struck him and made him bleed; Mr. BERRY, sub-inspector, was looking on, and said he would prove against him.
Mr. J. H. Adams said he saw PHILLIPS bleeding, but did not see him struck by defendant. KEAPPOCK was fined £1, or a month's imprisonment. The fine was immediately paid.
REILLY v. HOSICK
This was an action for wages, consequent upon being prematurely discharged from service.
Patrick REILLY, the plaintiff, deposed that he lived with William HOSICK on 9th June, and was to serve him till 9th November; he specifically agreed to work upon none of Roman Catholic holidays, but he was to give a day for every holiday he would keep; he observed the 25th ult., and 29th being St. John's day, he would observe it also; his master, however, attempted to make him work, and because he refused, he was discharged.
Complainant produced two witnesses to prove that at time of hiring, he made a bargain to work upon no holiday.
Mr. B. S. Adams here observed that there were no holidays except Sundays and Christmas day, and also asked defendant how many holidays he would keep till the expiration of complainant's term of service, to which he replied that he kept one holiday in the week, but that his servant must keep two. He also stated that he gave him his breakfast on the 29th, and that instead of going to his business, he walked away.
Mr. Veevers inquired if the boy was willing to go back to his master?
Complainant said he was, and that he had no fault with him, except that complained of.
Defendant refused to re-admit him to his service, saying he would not be worth 5d. a day to him.
The Bench entered into a calculation of the boy's wages from the 9th to 29th of June, when Mr. Veevers said that in consequence of defendant's abrupt discharge of complainant from his service, he must be allowed a month's wages and the cost of the court.
MORGAN v. DUFFY
The complainant in this case sought to recover the sum of 1s., due by defendant, for he (complainant) having sent his son and ass to put out manure in last spring for defendant. It appears that defendant promised to give complainant a day's shovelling the "praties" in return; but failed to do so.....Decreed for 9d.
Their Worships then adjourned.
BIRTH
July 14, at Woodfort, Kingscourt, county Cavan, the wife of Richard DEMPSEY, Esq., of the Bank of Ireland, Roscrea, of a son.
DEATHS
July 14, in Dublin, Simon ARMSTRONG, Esq., of Hollymount House, J.P. and D.L. for Leitrim and Fermanagh.
May 29, at 22, Sixth-street, New York, Mrs. Letitia CAUTHERS, formerly Miss EDMONSON, of Enniskillen, aged 50 years. Her death is sincerely and deservedly lamented.
ASSIZES INTELLIGENCE
COUNTY FERMANAGH
Enniskillen, Thursday, July 14.
CROWN COURT
The commission was read before Mr. Justice Perrin this morning at ten o'clock. The grand jury were resworn.
John GRACEY was indicted for being present at an unlawful assembly on the 12th of March, at Ballynamaraw. The prisoner pleaded guilty.
It appeared from the statement of Mr. DANE, his attorney, that he was an itinerant preacher, and had collected his flock for the purpose of preaching the Gospel; that he never intended they should assemble with banners, or in procession.
The prisoner was allowed to stand out on his own recognizances.
William LITTLE was indicted for manslaughter, and pleaded guilty. His counsel, Mr. RICHARDSON, stated on his behalf that the offence complained of was causing the death of a young girl by inoculation, which by the 3rd and 4th Victoria, was prohibited. The prisoner was ignorant that the offence was punishable by law, or that there was any legal difference between the process of inoculation and vaccination.
The Counsel for the Crown said they left the case to his lordship, the prisoner having acted through ignorance.
Judge Perrin considered it necessary, as an example to others, to punish the prisoner, although acting in ignorance of any legal offence, and therefore sentenced him to three months' imprisonment.
RECORD COURT
JOHNSON v. BEATTY
This appeal was for the price of a sporting dog belonging to the plaintiff, shot by the defendant, as it was hunting through the lands of the defendant.
His Lordship affirmed the decree of the 3l.
RECORD COURT--FRIDAY 15.
GRAHAM v. SMITH
This was an action of trespass, to try a right of way through the lands of the plaintiff. For the defence it was contended that a right of way had existed for forty years. After the jury was empannelled the question was referred to arbitration.
A. COLLUM V. M'CLELLAND. (Special Jury)
The damages in this case were laid at 1l. There were eleven causes of action; the first six stating the plaintiff's title to a certain dwelling house and premises in the town of Enniskillen, under a certain grant, and that whilst the plaintiff was so entitled, the defendant, on the 10th day of October, 1858, wrongfully pulled down and prostrated an adjoining dwellinghouse....A second count for excavating under said party-walls of said house of the plaintiff, and cause the door frame to become out of square...
The defendant pleaded that no more damage was done than necessary, leave and license, and that reasonable skill and precaution was used.
Several witnesses were examined to prove the plaintiff's case, which lasted the entire day.
Saturday 16
At six o'clock to-day the learned Baron commenced his charge to the jury....the jury, at half-past eight, returned a verdict for the plaintiff, on eight issues, and the defendant six, with damages on the former 125l.
______________________________________________________________________________________________________________
COUNTY LEITRIM
Carrick-on-Shannon, Wednesday, July 14.
RECORD COURT
(Before Baron Green)
Anthony M'DONOUGH was indicted for having on the 15th of December last had a counterfeit coin, resembling a shilling, in his possession. There was a second charging him with making a counterfeit shilling.
Messrs. WHITE and HARKAN prosecuted. Mr. CONCANNON defended the prisoner.
It appeared in evidence that in the month of December the prisoner, who is a tinker, obtained a lodging at the house of a man named HEERAN, at Grubbs, in this county, and while lodging there, he one day called HEERAN's son and desired him to bring some fire and water into the barn, which the boy did. The prisoner then proceeded to melt some metal which he called "German silver," and poured it into what he called a "mould." When it was taken out it appeared to be a shilling, and as passable as any other shilling. He told young HEERAN he wold make a gentleman of him.
Elizabeth HEERAN deposed that about two days after he came to lodge at her house, he said he would give her 13d., which he would coin in exchange for 3l. and he induced her to give him 2l. 17s. 6d., and he made her swear on a book that she would not mention what had been done; he also swore her son, Michael, to the same effect; he did not give her the 13l., and was subsequently arrested.
The jury acquitted the prisoner.
STABBING
James MURRAY was indicted for feloniously stabbing and wounding one James WINTERS at Carrick-on-Shannon, on the 2d of June. It appeared that a quarrel arose at a game of skittles and the prisoner having left the ground met the prosecutor shortly after on the bridge, where some words ensued, during which the prisoner drew a knife, and after some struggling, stabbed the prosecutor in the left leg.
The prisoner was found guilty. He was sentenced to six months' imprisonment with hard labour.
ADMINISTERING AN UNLAWFUL OATH
Anthony M'DONOUGH, who had been acquitted of coining a shilling, was placed at the bar charged with administering an unlawful oath to one Elizabeth HEENAN. He was found guilty, and sentenced to penal servitude for life.
This terminated the criminal business of this assizes.
RECORD COURT
(Before Judge Ball)
TAYLOR v. CREAMER
This was an action of trespass for entering the land of the plaintiff, taking away gravel, and injuring trees. It appeared that the plaintiff was a comfortable farmer, living at Clower Hill, near Ballinamore; and the defendant was a shopkeeper and road contractor living in that town. In the month of September, 1858, the defendant asked permission of the plaintiff to raise as much gravel from a pit adjoining the plaintiff's house.....This permission was, after some demur, granted....the plaintiff, thinking the defendant had raised a sufficient quantity for his purpose, and the defendant's men, as the plaintiff alleged, having injured some trees, and broke some fences...revoked t
his permission...For the defence it was urged that the plaintiff had the defendant had therefore a right to enter and carry away what he had raised; and the defendant had also swore positively that neither he nor any man in his employment had ever cut down or injured any fences or trees of the plaintiff.
A great many witnesses were examined on both sides in support of the above statement...The jury, after being absent about an hour, returned a verdict for the defendant on all the issues, and expressed their opinion that each party ought to bear his own costs.
LAUDER v. GORE
This was an action to recover a bill of costs for the sum of 90l. 10s. 5d. The case was settled before coming into court.
This terminated the civil business of this assizes.
COUNTY LOUTH
Dundalk, Saturday, July 16
CROWN COURT
The Hon. Justice CHRISTIAN took his seat at half-past ten o'clock and concluded the criminal business of the assizes by sentencing Patrick MATHEWS, who had pleaded guilty to the charge of stealing a mare and other property, and of obtaining 5l. from one WOODS for the mare under false pretences, to suffer twelve calendar months' imprisonment, with hard labour.
His lordship then proceeded to hear the following record:--
Duncan and Alexander FULLARTON v. St. George SMITH and several others. (Before a special jury.)
Sergeant O'HAGAN, Q.C., and Messrs. JOY, Q.C., and SHEGOG were counsel for the plaintiffs; and Messrs. FERGUSON, Q.C., and David PIGOT for defendants.
The plaintiffs are shipbuilders carrying on trade at Ayr, in Scotland, and the defendants were sued as the owners of, or otherwise interested in, the brig Commerce, of Drogheda, for the recovery of the sum of 950l. 9s. 10½d., being the value of the repairs effected on the vessel by the plaintiffs. The defendants admitted their liability to the extent of 250l., which sum they lodged in court, and pleaded that they were not further indebted.
After the plaintiffs' case was stated, and the first witness was examined, a verdict was taken by consent for the plaintiff, with the sum of 550l. damages, in addition to the sum already lodged in court.
RECORD COURT
(Before the Lord Chief Baron and a Special Jury)
James SAMUEL v. Gordon JACKSON.
This was an action to recover 20l., money hand and received, and was brought by the plaintiff as part owner of a greyhound named "Stranger," to recover from the defendant, as secretary and treasurer of the Spiddal Coursing Club, the amount of the second prize in "The Gormanstown or Aged Open Stakes," which were run for at the meeting of the Spiddal Coursing Club in November, 1857. This is the second time that the case has come before a jury...the jury having been discharged without a finding...It appeared that twenty dogs were entered for the stakes above-mentioned, among which were the plaintiff's dog, "Stranger," Lord Lurgan's dog "Master Matt," and Mr. Jackson's dog, "Sir William.".....The plaintiff according claimed of the stewards the "bye" for his dog, but they, having heard the question argued, decided on the authority of "Welsh's Rules, that the top dog, Lord Lurgan's "Master Matt," should have the "bye" and not "Stranger."...
The case lasted during the entire day, and the jury was discharged late at night after several hours' deliberation, as they declared there was not the slightest probability of their agreeing on a verdict.
July 30, 1859
CAVAN PETTY SESSIONS--MONDAY
Magistrates present--Wm. Babington, Esq., J.P., in the Chairman; N. Montgomery, Esq., J.P.; Captain Phillips, J.P.; and Captain Cumming, J.P.
A young man, named FITZGERALD, belonging to the band of the Cavan Militia, was charged with absenting himself from the training of 1858. A sergeant proved the charge.
FITZGERALD pleaded that he was in England at the time; he sent a letter here to learn if the regiment was called in, but got no answer...The Bench took it into consideration that Fitzgerald having reported himself to the adjutant, they would only fine him 1s., which was immediately paid.
Alice SMITH, of Pottle, charged Anne SMITH, and her daughter, Mary SMITH, with trespassing and breaking turf on complainant's bog in Drumsillagh, on the 18th of June last.
It appeared from the evidence given on both sides, that complainant's husband, who is now dead, held possession of some land and a plot of bog in the townland of Drumsillagh, and at the time of his death, willed a part of the land to a brother of his, named Michael SMITH (the husband of defendant, Anne SMITH, and reserved the other part of the land together with the bog to the complainant....A witness, named FITZPATRICK, who was present at the dividing of the land by complainant's husband, proved that the bog in question was reserved to the complainant. Hugh SMITH, a stepson of complainant's, proved the trespass and the breaking of the turf....
The Bench ordered a fine of 1s to each of the defendants for the trespass, and 2s. 6d. as compensation for the injuries done to turf.
From the same "peaceful family," a charge of an assault was brought by Michael SMITH against Hugh SMITH, but there not being sufficient evidence to prove the assault, it was dismissed.
Henry REYNOLDS, John HICKEY, and Wm. ELLIOTT, all belonging to the Cavan militia, brought a complaint against Peter M'LENNON, a publican, for an assault, on the 16th inst., in Cavan.
Henry REYNOLDS, corporal, stated that on the night of the 16th inst., between the hours of eleven and twelve o'clock, he was ordered by Sergeant ELLIOTT to take a militiaman, who was drunk, to the barracks; he was rapping at the side-door in the gateway of defendant's house, in Bridge-street, when witness arrested him; he brought him to the end of the gateway, when he got a blow that knocked him down; could not say who did it; is sure it was not the prisoner;...Saw M'LENNON, the defendant there, who asked witness to let the prisoner go; the defendant did his best to rescue the prisoner from witness....HICKEY and ELLIOTT then came to his assistance...there was a crowd around them; HICKEY and ELLIOTT were knocked down also, but can't say by whom; the prisoner was brought to the barracks with great difficulty.
William ELLIOTT, sergeant, was sworn, and deposed that he ordered REYNOLDS, to take COLLINS, the prisoner, who was in the gateway knocking at defendant's door....Some other witnesses were examined in support of the assault.
The defendant denied having struck any of the complainants; and alleged that he was struck himself on the forehead...
The Bench, after a few minutes' consultation, fined M'LENNON £1 and costs.
W. R. NAPIER, Esq., sub-inspector, summoned John KANE and his wife, John LEDDY, and Francis REEHIL (sic), for being riotous and disorderly, on the 19th inst., in Cavan Some of the defendants asked for a postponement to that day week, to have their witnesses summoned, which was granted.
John MURRAY was summoned by his master Jas. MAXWELL, of Gortnasillagh, for leaving his service as servant-boy.
The complainant proved to hiring the defendant from May to November, 1859, and leaving his service on the 17th inst. The defendant's reason for leaving complainant was that he only got "praties" twice a day. This was denied by the complainant's wife. Defendant was asked by the Bench if he would go back, but refused, and he was sentenced to one month's imprisonment with hard labour.
Benjamin EBBIT, of Knockfad, summoned Joseph JOHNSTON, of Egramush, for trespass of defendant's cows on complainant's land on the 24th of June.
The defendant remarked to the Bench that he served the complainant with a notice requiring him to fix his mearing, where the cows got in, but he failed to do so.
Their Worships dismissed the case.
Several other trespass and police cases having been disposed of, the court adjourned.
ASSIZES INTELLIGENCE
COUNTY WESTMEATH
Mullingar, Friday, July 22
Chief Justice Monaghan opened the commission in the Crown Court this morning. The grand jury having been resworn, Chief Justice Monaghan addressed them.....
THE CALENDAR
Edward DALTON and John HAFFORD, charged with having, on the 9th of April 1857, fired at and wounded Edward KEENA (sic). Matthew COFFEY, with having on the 3d of April, 1859, assisted in the escape of the assassin of the late Thomas JESSOP, by obstructing him (Thomas JESSOP) when in pursuit of him. Patrick RYAN, writing and posting a threatening letter to John PIERCE, on the 31st of May, 1959. John CONDRON, with having on the 6th of April, 1859, written a threatening letter, directed to Mr. TRENCH, of Geashel, in the King's County, Daniel TULLY, a violent assault on Owen CLARKE and James DORAN, by stabbing them with a sharp instrument, from the effects of which they lie dangerously ill.
John MARTIN was charged with having uttered a base sovereign to Abraham J. PILKINGTON, on the 17th of May, 1859. It appeared that the prisoner had paid the prosecutor five pounds in rent, three pounds in notes and two sovereigns, those alleged to be bad. The prosecutor admitted that the prisoner had an excellent character, and that he had known and had dealings with him for twenty-seven years. On the inspection of the coins by the jury they presented the appearance of genuine sovereigns, and they acquitted the prisoner.
Dan. TULLY, Philip TULLY, and James EARLY were indicted for an aggravated assault on James DORAN, on the 19th of June last.
Mr. GRIFFITH and Mr. PALLES prosecuted; Mr. CURRAN defended the prisoner.
It appeared that the prisoner had been drinking in the house of one of them, who is a caretaker on the railway, when James DORAN came to the house and the occurrence took place. A party of ten or twelve were carousing, and when under the influence of drink, the party quenched the candle and knocked down the prisoner, one of whom stabbed him. The prisoners were found guilty.
A countryman named Patrick CAREY was charged by Rose GILLIVAN with having assaulted and done her grievous bodily harm
It appeared in evidence that the husband of the prosecutrix deserted her and her two children by going to America. Since then he sent over a deed of assignment of his farm to Michael CASEY, and on the occasion in question, the prisoner who is married to the sister-in-law of the prosecutrix, came to the house and farm of the prosecutrix in company with the brother of CASEY, in order to get up the land and premises, the husband of the prosecutrix having sold them to Michael CASEY, and they (the prisoner and CASEY) went to the house to get possession of it if the prosecutrix consented to surrender it. She, however, being rather a sturdy dame, and though pretty, very pugnacious, would not enter into any negociations, but struck the prisoner a blow on the head, with the handle of a fork, and also flung a stone at him, which cut the aforesaid's head. Her charge was, that the prisoner assaulted her, and inflicted upon her grievous bodily harm. The arrangement of the husband was that she should get the stock on the land, but this did not satisfy Medea, and she was resolved to keep her home for herself and her children.
Chief Justice Monaghan remarked that the prosecutrix deserved punishment quite as much as the prisoner, and, judging from her appearance--though certainly a well-looking young woman--she had an exceedingly bad temper. He thought that the prisoner should be acquitted, and both himself and the prosecutrix bound over to keep the peace towards each other.
The prisoner's father offered to go bail for both, and to prevent them from any further molestation towards or by each other.
THREATENING LETTER
John CONRAN (sic), a wild excitable-looking man, who was dressed in a green hunting coat, was placed at the bar charged with having written a threatening letter to Mr. TRENCH, of Geashill, King's County....The jury, after some hesitation, found the prisoner guilty, and Chief Justice Monaghan said that before passing sentence he would inquire into the character and mode of life of the prisoner.
Saturday, July 23.
RULING THE BOOKS
Daniel and Phillip TULLY and Martin EARLY were placed at the bar to receive sentence, having been convicted of a violent assault. There was nothing, however, of a political or agrarian character in the transaction, and the punishments were therefore light--six, three, and one month's imprisonment to each person as his name appears on the calendar.
Catharine DALY and Mary DELANEY were then sentenced to four years' penal servitude for thefts committed on dairies in the country.
AWFULLY SUDDEN DEATH--A remarkable and melancholy instance of the uncertainty of human life occurred on last Saturday at Lurgan, county Armagh. According to arrangement, a cricket match was being played in Lord Lurgan's demesne, at which his lordship was present. Henry GREER, attorney, was in the match, and playing, when he dropped down on the grass and died immediately. The deceased gentleman was about 30 years of age, and attended Armagh Assizes on the day preceding, being professionally engaged in the Record Court. He appeared, however, to have been in a delicate state of health, and the probability is that death was caused by the rupture of a blood-vessel. An inquest was held on the body by E. D. ATKINSON, Esq., coroner.--From a Correspondent.
THUNDER STORM OF THURSDAY--CO. ROSCOMMON--An industrious farmer named M'DONNELL, of Rahara, in this county, was killed by lightning on Thursday last. An inquest has been held. He was married, but without family. Near Knockroghery a sheep, the property of a farmer named Roger KENNEDY, was killed by the lightning, and another sheep, the property of a man named QUIGLEY, in same vicinity, was killed by lightning on that day.
FIRE--This morning, about one o'clock, a fire broke out in the establishment of Surgeon HANNA, Peter's Hill, Belfast. Intelligence being immediately conveyed to the police-office, the fire brigade promptly repaired to the place.....The origin of the fire has not yet be ascertained.--Ibid.
County Cavan Newspaper Transcription Project
IMPORTANT NOTICE: All rights to the pages found within this site are retained by the original submitter of the information. Pages may be printed or copied for personal use only. They may NOT be reproduced in any form in whole or in part by any individual or organization for profit.