Cavan Observer
Published in Cavan, county Cavan
May 7, 1859
CAVAN PETTY SESSION--MONDAY
Before W. Babington, Esq., J.P., Chairman; N. Montgomery, Esq., J.P.; and Captain Carden, J.P.
POACHING
The Chairman informed Constable WEIR, of Stradone, that, by recent regulations, the constabulary were bound to arrest and prosecute parties found fishing without a license. A circular to that effect had been recently issued by the Inspector-General of Constabulary, and sent round to the various police stations. He supposed one had been sent to the Stradone station.
The constable said he had been but a short time in Stradone, and was not aware of the regulation alluded to by his Worship.
The Chairman said it was quite a common thing for parties having no license to go shooting and fishing on Sundays, both in the neighbourhood of Stradone and Cavan. He hoped the police would attend to the regulations for the prevention of this offence.
WAGES
Maria KILFOYLE v. Thomas ACHESON
This was an action brought by the complainant to recover the sum of six shillings, the amount of three weeks' wages alleged to be due to her by defendant.
Mrs. ACHESON (wife of defendant) made an application to the Bench for a postponement of the case until next court day, as her husband had to go to a fair and could not attend.
The Chairman inquired of the complainant if she had any objection to having the case adjourned.
Complainant--I can't stay; I have to go to a place.
Chairman--The action is for six shillings wages due by Mrs. Acheson's husband, and he can't attend to-day.
Complainant--It was she hired me. Her husband has nothing to do with it.
Mr. Montgomery--If Mrs. Acheson hired the complainant, as she says, I think we ought to go on with the case.
The Clerk here informed their worships that Miss Kilfoyle had not paid the sixpence stamp duty on the summons.
Complainant--What for? I paid for the summons.
Chairman--But you have to pay for the stamp also. If not, we must dismiss the case.
Complainant--But that's not right.....I never stood on Cavan bench in my life before, nor had anything to do with law.
Mr. Montgomery inquired what could Mrs. Acheson's husband prove in the matter.
Mrs. Acheson--He can prove that he saw her leave the house about eight or nine o'clock on Sunday evening, and not come back until five or six o'clock on the following morning, and how he saw her with a man in the field.
Complainant--He saw me with my own husband.
Mrs. Acheson--How can he be your husband, and be married to another woman?
Complainant--I don't know whether he is or not.
Mrs. Acheson--You know very well he is. She has five children by him.
Chairman--Well, if a man has five children, it's very strong evidence that he is married (laughter).
The Clerk again inquired of Miss Kilfoyle whether she intended to pay the stamp.
Complainant--Well, I'll adjourn the case.
Mrs. Acheson--How can you wait, and you going to a place?
Complainant applied to the Bench to adjourn the case for ten minutes when the indispensable "tanner" would be forthcoming.The Bench agreed to do so....
Complainant (taking the Book, to be sworn)--Well, here goes, for the first time, in the name of God!
Complainant then stated that Mrs. Acheson hired her from the Cavan April fair till the May fair...Mrs. Acheson denied that she agreed to give complainant any wages...A woman was examined to support Mrs. Acheson's statement, but her evidence was not very important.
Complainant--There's not a bigger rogue ever stood on Cavan Bench than she is. She made a rogue of me. She sent me out to steal the Bishop's turnips for her.
Mr. (sic) Acheson--I need not do that; I had plenty of turnips of my own....Here Miss Kilfoyle had to be forcibly removed from "Cavan Bench," and she left the court loudly declaiming against Mrs. Acheson, and evidently dissatisfied with the result of her legal experience.
Ellen GOOLRICK and others were summoned, at the suit of Miss GALLAGHER, who wished to get GOOLRICK out of a small house held by her from the complainant.
James MONTGOMERY proved the service of the notice to quit.
Mr. M'CABE said that Ellen Goolrick held the house--a very small one--from Miss Gallagher, but that lately she had brought in a number of persons as lodgers. It was on this account that Miss Gallagher had served her with notice to quit.
After some remarks from the Bench, Mr. M'Cabe recommended Goolrick to get rid of her lodgers, and that very like Miss Gallagher would then allow her to remain in the house.
After the hearing of some trifling cases of stray cattle, Sergeant-Major CHINERY, of the Cavan Militia, charged two men with having been absent from the last training of the regiment.
The first of these--an elderly man who stated that he had served some time in the East India Company's service....the Sergeant-Major having informed the Bench that the prisoner was a little deranged.
The other prisoner, who had been working in Liverpool, and pleaded that he was unaware of the calling out of the regiment for training, was sentenced to one month's imprisonment. The Chairman stating that the Bench intended to inflict the full penalty of three months' imprisonment in all such cases for the future, and only mitigated the penalty in his favour on account of the favourable character they had received of him.
The Court soon after adjourned.
EXTRAORDINARY LONGEVITY--On Thursday, the 28th ultimo, a Mrs. CONLAN died at Ballyhaise, in this county, at the patriarchal age of one hundred and eleven years. Mrs. CONLAN, notwithstanding her advanced age, enjoyed excellent health to within a short period of her decease, and preserved the use of her mental faculties to the last. For many years past she had been supported by the generosity of Wm. HUMPHRYS, Esq., of Ballyhaise, and his amiable lady, who allowed her to want for nothing, and paid a woman for attending her as a servant. This woman (who is herself advanced in years) has been kindly installed by Mrs. Humphrys in Mrs. Conlan's vacant place, and a servant engaged to attend her.
BIRTHS
On the 5th instant, at Brookvale, Cavan, the wife of Rev. Dr. HOGG, of a daughter.
On the 27th April, at Apthorp Villa, near Bath, the wife of John CLIBBORN, Esq., of a daughter.
On the 19th March, at Dum-Dum, near Calcutta, the wife of Captain P. M. SYME, Royal Artillery, of a son.
MARRIAGES
May 4th, in Kilmore Church, county Cavan, by the Rev. Thomas BOURCHIER, the Rev. H. Sneyd TAYLOR, incumbent of Mullagh, son of the Rev. John TAYLOR, L.L.D., Vicar of Killinkere, to Amy, daughter of the late Brabaxon(?) NEWCOMEN, Esq., of Camla, county Roscommon.
On the 29th April, at St. Swithin's Church, Magherafelt, by the Rev. Edmond J. GAUSSEN (brother of the bridegroom), W. Ash GAUSSEN, Esq., youngest son of the late David GAUSSEN, Esq., J.P., of Lake-View House in the county of Londonderry, to Margaret HAMILTON, daughter of the late Charles HAMILTON, Esq., M.D., of her Majesty's 58th Regiment.
On the 27th April, at the Star of the Sea, Sandymount, by the Very Rev. Doctor O'CONNELL, P.P., Michael NEDLEY, Esq., to Kate Josephine, youngest daughter of the late Joseph CARAHER, Esq., of Ardee, Co. Louth, and Cootehill, Co. Cavan.
DEATHS
On the 30th April, the Rev. Mortimer O'SULLIVAN, D.D., after a painful illness. This lamented clergyman attained his scholarship of the University in 1813, graduated in 1816, and was nearly forty years an honoured, eloquent and able champion of the Irish Church. His death will be long deplored by all who knew him, and to know him was to love and respect him. His works entitled him to the highest place amongst the learned sons of "Alma Mater."
On the 27th April, at Strabane, the Rev. William Fleming MEASE (eldest son of the late Dr. MEASE), a faithful minister of Christ, and upwards of thirty-one years a curate of the united dioceses of Ossory, Ferns, and Leighlin.
On the 21st April, at 1, Kingston-square, Bath, Catherine, relict of the late Benjamin SMYTH, of H.M.'s 90th Regiment, and of Violets-town, Co. Westmeath, Ireland, Esq.
On the 30th April, in the prime of life, at the residence of her father, William James BRADLEY, Esq., 58, Leicester-road, Anne, the beloved wife of James Arthur MAYNE, of Aughnamallaugh House, Co. Monaghan, Esq., deeply lamented by her bereaved family and sorrowing friends.
THE CHURCH
APPOINTMENTS
Diocese of Dublin--Rev. G. W. DALTON, some years Missionary to the Roman Catholics, in connexion with the Society for Irish Church Missions, has been appointed as assistant-minister in the Episcopal Chapel, Bagget-street, by the Rev. H. VERSCBOYLE.
Diocese of Down--Rev. T. F. MARTIN, to the rectory of Tyrella, county of Down; patron, the Crown. Rev. Blackwood PRICE, to the rectory of Bright, county of Down; patron, the Crown.
RESIGNATION
Diocese of Armagh--Rev. James PEED, A.B., the vicarage of St. Peter's Drogheda, county Louth; patron, the Marquess of Drogheda.
CLERGYMEN DECEASED
Diocese of Down--The Rev. Wm. ANNESLEY, rector of Bright, county Down; patron, the Crown.
The new parish church of Ballintemple, in the diocese of Cashel, is about to be erected at a cost of £16,000. Cappamore new church, diocese of Emly, is finished.
SUDDEN DEATH--On Sunday last, at three o'clock, John M'KENNEL, a colour-sergeant of the Royals, station at Birr Barracks, removed his stock, and asked the corporal on duty to assist him to his room. He did so, and laid him quietly down on his bed, when he died almost immediately. He had been for many years in the regiment, and was much respected. His death was occasioned by disease of the heart.
COUNTY OF MEATH--INQUESTS--APRIL 30--Hugh MARTIN, Esq., on of the coroners for the county of Meath, held an inquest yesterday, at Tristentown, near Slane, on view of the body of a man, named William YORK, aged fifty-five years, who was in the employment of Mr. RUSSELL of that place. It appeared in evidence that deceased got up on Wednesday last in perfect health, took his breakfast heartily, and went to his work before eight o'clock, in company with his son, a lad of eighteen years. He took his horses out to plough, and mounted one of them. When he had got to the field before yoking, while in the act of preparing his tobacco-pipe to smoke, to the son's astonishment, he observed his father fall suddenly to the ground.... Dr. M'GUSTY, of Slane, was called in, and gave it as his opinion that deceased had died from disease of the heart. The jury found a verdict accordingly.
The same coroner held an inquest at Fordstown, Lower Kells, on the body of John KIERNAN, a child about four years old. It appeared in evidence that he and four other children had been diverting themselves convenient to a hayrick in the rickyard of their father....when it accidentally fell upon them and buried them in the fall. The eldest, a lad of about thirteen years, forced his way through, dragging with him cleverly one of his brothers, the others being confined. He at once gave the alarm, and by the greatest exertions two more were extricated, merely gasping for death, but by restoratives and stimulants they were restored. The deceased was taken out quite dead. The jury found a verdict of "Death by Accident."
May 14, 1859
FATAL ACCIDENT--On Monday last, a man named Thomas MONTGOMERY, under steward to Lord Farnham, was gored so severely by a bull, the property of his lordship, that he died on the following evening. He leaves, we regret to say, a widow and six children to deplore his loss. Deceased was a steady, intelligent man, and much esteemed in his neighbourhood. Lord Farnham, on hearing of the unfortunate occurrence, had the bull (a valuable one) immediately shot.
PETTY SESSIONS COURT--In consequence of the small number and trifling nature of the cases for hearing, and the election taking place on the same day, their Worships did not sit on Monday last.
MARRIED
May 5th, in Ahascragh church, by the Rev. James HUNT, Charles, eldest son of Mr. Henry ELLIOTT, Baillieborough, County Cavan, to Elizabeth, daughter of the late Mr. Edward RIED, Co. Longford.
DIED
On Wednesday, at her residence, Farnham street, Cavan, aged thirty-four years, the wife of Quarter-Master DUFF, Cavan Militia.
Died in London, a few days ago, the widow of the late Douglas JERROLD.
May 21, 1859
MARRIED
May 17, at St. Mary's Church, Dublin, John, son of Archibald ARMSTRONG, Esq., Drumcree, co Fermanagh, to Margaret Ann, eldest daughter of James ARMSTRONG, Esq., of Kells, County Meath.
DEATHS
At Brooklyn, New York, on Tuesday, April 26, Robert MOORE, Esq., surgeon, late of this town, aged 76 years.
May 12, in Lower Rutland-street, Dublin, Christopher BETTY, Esq., of Enniskillen, aged 82 years.
May 11, at Rathbeggan, county Meath, John MONCK, Esq., deeply regretted.
May 11, at Notting-hill, Mary, widow of the Rev. John WRIGHT, rector of Killcevan, county of Monaghan, aged 79.
CAVAN PETTY SESSIONS COURT--MONDAY
(Before Theophilus Thompson, Esq., J.P., Chairman; W. Babington, Esq., J.P.; N. Montgomery, Esq., J.P.; A Carden, and Robert Erskine, Esq., R.M.)
James REILLY summoned Mr. P. BRADY for an assault.
Complainant's statement was to the effect that on Saturday last he asked Mr. BRADY, in whose employment, he was, for some wages due to him, which Mr. BRADY refused to give, and afterwards struck him.
Mr. Brady said he had kept the complainant for a long time in his employment; on Saturday he met complainant, who asked him for money which he refused to give, as he did not owe him any. Complainant then gave him most scurrilous and abusive language, and took up a stone in each hand to strike him with, when he (defendant) gave him a box in the ear. Two of his workmen were present at the time.
Henry M'GUIRK was examined and deposed to seeing Mr. Brady strike complainant, who then picked up a stone; did not see him take up a stone until struck by Mr. Brady; was not present at the commencement of their quarrel.
The Chairman said that if complainant had lifted a stone to strike Mr. Brady, and was within reach of him at the time, it constituted an assault; but if Mr. Brady had struck him before he did so, they should inflict a punishment upon him. They were bound to deal with the case according to the evidence and there was no evidence to prove that complainant had lifted up a stone until after he was struck.
Mr. Brady said he had another witness who could not attend that day, and who saw complainant lift the stone before he was struck. He asked the Bench to postpone the case until next Monday,
After putting some questions to the parties, the Chairman said they would let the case stand until next court day, on the understanding that if Mr. Brady's witness failed to substantiate his statement, they would inflict a double penalty, and that Mr. Brady pay complainant for the loss of time.
Mr. Brady having consented, the case was accordingly postpone.
Owen GALLAGHER summoned a neighbour of his for allowing two cows, his property, to trespass on an enclosed meadow belonging to complainant.
The defendant had a cross case against complainant for allowing a couple of porkers to invade some pasture on his territory.
As it appeared from their statements that both their fences were bad, the Bench fined each of them 2s. 6d., the Chairman remarking that it was a shame for two respectable men to be going to law about such trifles, and they left the court, no doubt highly pleased with each other.
The Commissioners' case against those parties who have trespassed on the Fair Green came on for hearing, but, as the defendants promised to leave the Green, the case was postponed.
A man from Crosskeys was fined £5, with a recommendation to mercy, for selling tea, &dc., without a license.
The remainder of the cases disposed of were of no public interest, and the Court adjourned at an early hour.
EXTRAORDINARY LONGEVITY--On Monday last a pauper named Ellen RIANS, died in the Cavan Workhouse, at the very advanced age of one hundred and eleven years. She had not long been an inmate of the house. This is the second instance of remarkable longevity which we have had to record as occurring in this county within the past few weeks.
May 28, 1859
MARRIED
On the 4th April, at Burrisaul, Bengal, by the Rev. _____ BELL, of Jepore, Edward John GAYER, eldest son of Arthur Edward GAYER, Esq., Q.C., L.L.D., to Rosa Adele, youngest daughter of the late Colonel ALEXANDER, Madras Cavalry, East Indies.
On the 14th February, by the Rev. Dr. LANG, Mr. Thos. BENSON, Prince-street, Sydney, a native of London, to Rose Anna Maria KIEMEN, of George-street, Sydney, a native of Co. Cavan.
On the 9th February, by special license, by the Rev. Dr. LANG, Mr. Charles CREIGHTON, of Lower George-street, Sydney, a native of Londonderry, to Ellen, daughter of Mr. John HUGHES, formerly of Sydney, now of Dunolly, Victoria, a native of the Co. Roscommon.
On the 14th February, by the Rev. Dr. LANG, Mr. David GRAYSON, Elizabeth-street, Sydney, a native of the Co. of Armagh, to Catherine CONWAY, George-street, Sydney, a native of Co. Cavan.
CAVAN PETTY SESSIONS--MONDAY
(Before Theophilus Thompson, Esq., J.P., Chairman; W. Babington, Esq., J.P.; N. Montgomery, Esq., J.P., and Captain Carden, J.P.)
Owen DRUM, a young lad, aged seventeen, was attested as a recruit for the Cavan Militia.
The Chairman inquired if a stamp were necessary for the attestation, and said that both Mr. Babington and himself were of opinion that it was not. The Sergeant who brought up the recruit said that in Belturbet stamps were used in such cases......
Phillip DOWD charged an elderly man, named Michael CUSACK, with having assaulted him in the streets of Cavan, on the last fair day of this town, and the offence having been proved, the defendant was fined 5s. and costs.
James BRADY charged Stephen GAFFNEY with having obtained the sum of one shilling from him under false pretences.
It appeared that complainant, who lives in Trinity Island, had hired the defendant at the late hiring fair, and given him one shilling as "earnest." The defendant afterwards hired with another person, at higher wages, and refused to fulfill his agreement with complainant.
The charge having been proved, the Bench informed defendant that the offence he had been guilty of was a very serious one, and that they could send him to trial. Complainant, however, agreeing to take him back, the defendant was allowed to go unpunished.
John NAY summoned James REILLY for a similar offence, but, as he failed to prove his charge, the Bench dismissed the case.
Bridget CREDDEN (who did not appear) was sentenced to a fortnight's imprisonment for street begging.
Mary Anne BOYLAN, Ellen BOYLAN, Margaret LYNCH, Anne LYNCH, Catherine BRACKEN, Ellen GOLDRICK, James REILLY, and others were charged with trespassing on the Fair Green of Cavan, the property of the Town Commissioners.
Mr. TULLY appeared on behalf of the Town Commissioners and explained that they held the land of Tullymungo, on which the Fair Green is situated under a grant from James I.....The Bench expressed it as their opinion that Mr. Tully should bring some evidence to prove that the Fair Green was a portion of the Commissioners' land.....The Chairman asked had the Commissioners any old map of the Fair Green. Mr. Tully said there might be one, but he was not aware of it. The Chairman inquired if Mudwall-row was part of Tullymungo. The Clerk said that Mudwall-row was part of Mr. SAUNDERSON's property...The Chairman said he always thought the Fair Green belonged to Lord Farnham. Mr. Tully said it did not....A long discussion here ensued between the Magistrates and Mr. Tully, relative to the Commissioners' right to the Fair Green.
Mr. Tully produced a writ or grant in which the words "Tullymungo, alias Cavan," occurred, in support of the Commissioners' claim.
Finally, Mr. Tully consented to give the defendants a week to leave the Fair Green, which they consented to do.
The Court then rose.
COURT OF PROBATE--MAY 18
The Right Hon. Judge KEATING sat this morning in the Nisi Prius Court, and a special jury was called for the trial on the following case, which had been fixed for hearing today.
M'GAVER v. NICHOLLS
This was a suit to establish the will of a lady named M'CANN, who died at an advanced age in Longford, leaving property to the amount of £600 or £700. The will, which was drawn by a Roman Catholic clergyman, and witnessed by two priests, bequeathed the sum of £400 for Roman Catholic charities, two legacies of £50 each to relatives, and the residue to the testatrix's daughter. It was impeached by the defendant, the daughter's husband, on the ground of incapacity of the testatrix and undue influence.
Mr. O'HAGAN, Q.C., Dr. BATTERSBY, Q.C., and Mr. HARKAN appeared as counsel for the plaintiff; and Dr. BALL, Q.C., and Dr. WALSH, Q.C., for the defendant.
When the jury were about to be sworn, Mr. O'HAGAN requested his lordship to wait a few moments and allow him to return. He hoped to be able to save the court trouble.
The request having been complied with, counsel and solicitors on each side withdrew, and in a short time Dr. Battersby and Dr. Ball returned to court, and stated that the case had been settled.....
The jury was then discharged.
Mr. O'Hagan--I may tell your lordship now, the jury having gone away, that, upon consideration of this matter, it appears to me that the residuary assets are not of any great amount, and the arrangement that we have made is a fair arrangement between the parties, with a view to the next of kin.
Dr. Ball--Mr. Nicholls, for whom I appear, is the husband of the next of kin. The whole question is as to the amount for charities. The will is entirely in the daughter's favour, except as to the charities. There was a previous instrument, dictated by the old lady, in presence of Mr. Nicholls, in which she gave £150 for charities, and, by the terms of the consent, we are satisfied to give that amount. The property is less than was imagined. It is not at all the property that it was thought.
Mr. O'Hagan--We believe that there would be a considerable residue. It turns out that it is not so and it is a perfectly fair arrangement.
Judge Keatinge--On reading the consent, let same be made.
Solicitor for plaintiff--Mr. J. E. O'FARRELL. For defendant--Messrs. MARTIN and CARTAN.
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