Published in Cavan, county Cavan
November 5, 1859
CAVAN PETTY SESSIONS--MONDAY
Before Wm. Babington, Esq., J.P., Chairman; N. Montgomery, Esq., J.P.; A Carden, Esq., J.P.; and W. M. Hickson, Esq., R.M.
RORKE v. SHERIDAN
The complaint in this case was that defendant, Bernard SHERIDAN, and his wife, Wiliny (sic) SHERIDAN, did on the 15th of October, wilfully and maliciously cut and damage complaintant's mearing hedge. It was postponed from last court-day...Defendant was not in court when the case was called....After considerable discussion, the Chairman said he thought they could not convict SHERIDAN under the Summary Jurisdiction Act, as there appeared to be a joint tenancy of the hedge....the case was left to the decision of the Mr. HALLIDAY and Mr. LINDEN.
THE ASSAULT ON MISS BLACK
Bernard RORKE again appeared to answer the charge of having thrown a stone at Miss Harriett BLACK on the night of Sunday, the 9th October....Their Worships ruled that the evidence was inadmissible; and the Chairman informed Sergeant M'AULEY (who is a really deserving and energetic officer) that himself and brother magistrates were unanimously of opinion that he acted very properly in bringing the matter before the court for investigation.
Rebecca STEWART v. John F. DUNNE
The case (the particulars of which appeared in the last OBSERVER) was also a postponed one; and Mr. TULLY (who appeared for Mrs. STEWART) again applied to have the indentures binding her son to the defendant cancelled, as he had left Cavan, and disposed of his stock, without making any arrangement with her....A letter was produced from Mr. DUNNE, stating his willingness to give up the indentures.....The case occupied a considerable time, at the end of which, the Chairman said that they could not cancel the indentures, as the fee was over 5l.; but they would inflict a penalty on the defendant; and it might have the effect of making him give up the indentures. A fine of 1l. 15s., with 1l. costs, was then recorded against the defendant.
Michael BERRY was fined 6d. and costs for allowing his pig to wander on the public road.
E. FEGAN v. Robert COHAN.
In this case Mr. FEGAN complained that he suffered considerable annoyance by defendant allowing a drain to flow into his yard. The nuisance had existed for a long time, was most offensive, and calculated to cause sickness in his family and neighbourhood.
Mr. J. ARMSTRONG appeared for the defendant, and stated that it was not in his power to remedy the evil, as the drainage of the houses above him flowed into his yard, and from them into Mr. FEGAN's.....The Court finally decided to adjourn the case for a fortnight, the Inspector of Nuisances to serve all the parties in these house with notice in the interim.
Laurence SMITH was brought up in custody of Sergeant M'CARTHY, of the Stradone station, charged with having stolen a 1l. note, the property of Mr. Owen FARRELLY, of Stradone.
The prisoner is a respectable-looking young man of about twenty-six years of age, and was, until the time of the alleged robbery, shopman to Mr. FARRELLY....Their Worships decided upon sending the prisoner for trial at the Quarter Sessions, and said he would be admitted to bail--himself in the sum of 20l. and two sureties in 10l. each.
Informations were then taken, and Mr. FARRELLY, Mary REILLY, his servant (who merely proved to having given the letters to her master), and Sergeant M'CARTHY, were bound over for to attend at the Quarter Sessions.
A young man named TAYLOR was sworn in for the Cavan Militia.
This terminated the business of the Court, and their Worships then adjourned.
The Right Hon. the Judge of the Court of Probate has been pleased to appoint Francis DWYER, Esq., one of the Proctors of the Court of Prerogative and a Proctor of the Court of Probate, to the office of Registrar for the Cavan District, which includes the counties of Cavan, Longford, and the Baronies of Leitrim, Mohill, and Carrigallen, in the County of Leitrim.
On Saturday, October 29, at his residence, Erskine-terrace, Cavan, Martin FARRELL, Esq., C.E., Resident Drainage Engineer under the Board of Works--universally esteemed and regretted.
At Cavan, November 1, Mrs. Jane LLEWELLYN, aged 35 years, relict of the late H. LLEWELLYN, Esq., Lieutenant and Riding Master of the Carbineers.
On the 30th ult., Jane, second daughter of the late Lieutenant James DRUMMOND and sister of John DRUMMOND, Esq., ex-Alderman, Dublin. The deceased lady has been long a respectable and respected inhabitant of Enniskillen.
At the residence of his son, in Enniskillen, after a short illness, Mr. Andrew JOHNSTON of Tamlaght, aged 80 years.
On the 31st October, at Hemel-Hempstead, Herts, England, Richard J. Cowan GREEN, Esq., late of Rosserk, Ballina, County Mayo, deeply regretted by all who knew him.
PROCESS OFFICERS--We subjoin a list of the duly appointed Process Officers for the several districts of this county:--
Ballyconnell--Thomas MOORE, W. M'GARVEY
Bailieborough--Andrew SMITH, George MAHOOD
Belturbet--George INGHAM, Henry JONES
Ballyduff--Thomas SMITH, sen., Thomas SMITH, junior
Cavan--Daniel LEDDY, James M'KEON, William FEGAN, and James MONTGOMERY
Cootehill--Farrell M'GOVERN and P. REILLY
Killishandra--Graham ROSEMOND, C. COWAN
Mullagh--Michael FARRELLY, jun. Moynalty
Stradone--J. KELLY, Patt MONAGHAN
(From the CHRISTIAN EXAMINER for November)
Diocese of Armagh--Rev. Augustus FITZGERALD, to the perpetual curacy of Portadown; patron, Rev. Charles ALEXANDER.
Diocese of Kilmore--Rev. H. F. J. MARTIN to the curacy of Killeshandra, County Cavan; patron, the Incumbent.
Diocese Of Meath--Rev. J. G. CAULFIELD, to the rectory and vicarage of Ballyloughloe; patron, the Bishop. Rev. P. E. SINGER, to the rectory of Stackallen; patron, the Crown. Rev. W. C. RINGWOOD, to the curacy of Ardbracken; patron, the Rector, Rev. W. G. MARSHALL, to the curacy of Clonfadforan; patron, the Rector. Rev. M. A. CLARE, to the curacy, of Stackallen; patron, the Rector. Rev. J. BUTLER, to the curacy of Navan; patron, the Rector. Rev. J. KILBRIDE, to the curacy of Finnea; patron the Vicar. Rev. E. J. HADDOCK, to the curacy of Athlone; patron, the Rector.
Diocese of Kilmore--Rev. Charles L. MONTGOMERY, Vicar of Innismagrath, County Leitrim; patron, the Bishop.
Diocese of Dublin--Rev. W. J. WEST, A.M., Incumbent of the Union of Delgany; patron, the Archbishop of Dublin.
November 12, 1859
SHERCOCK PETTY SESSIONS--NOVEMBER 3
Before R. A. Minnett, Esq., J.P., and B. S. Adams, Esq., J.P.
The consideration of the case about the illegal removal of the old horse, which was partly gone into on this day fortnight, in which James BODEL was plaintiff and John IRWIN and others defendants, was again resumed and occupied a considerable time.
Patt MANGAN, an old man, proved that it was on Sacrament Sunday the mare was stolen, and that he saw two fellows, very like two of the accused, take her, but he was not quite certain.
James ANDERSON stated that he saw Jack IRWIN riding the mare after she was stolen....
James MURTHA sworn--Was at his work when he saw the IRVINS (sic) working with the stolen mare on the Monday and Tuesday after she was stolen....
Arthur HAMILTON--Was going to Dundalk with IRWIN and the horse; he fell several times on the road, and with the empty cart....
Mr. Minnett said that many a man was hanged on less evidence, and they would not have him there. They must find bail, themselves in £50, and two sureties in £25 each, to appear to take their trial at the next Quarter Sessions.
John JOHNSON summoned Philip DUNEGAN for removing potatoes without paying the ground rent; he did not allow him to do so, and there was an agreement not to remove them until he would be paid. Defendant said that he only took away a portion of the potatoes, and intended paying all the ground rent before he removed the remainder....
Mr. Minnett observed that he acted wrong in taking away any of the potatoes...and if he did not pay complainant before that day fortnight he must go to gaol.
Terence M'INTYRE summoned James REILLY for 15s., wages which he said he earned with him last harvest. He had one shilling each day, that being the wages then common in the neighbourhood. The Bench granted a decree, the defendant not appearing.
These being the only cases, the court adjourned.
CAVAN PETTY SESSIONS--MONDAY
Magistrates present--T. Thompson, A. Carden, N. Montgomery and W. Babington, Esqrs.
FARRELLY v. M'KEOWN
These two friendly neighbours, who have so often called on the assistance of the Bench to keep them quiet, again made their appearance--FARRELLY charging M'KEOWN with having assaulted him on the 31st October, whilst driving his cows on a pass to which he had a right. The charge was clearly proved by complainant and son.....The court sentenced him to pay a fine of 10s and costs, or be imprisoned for a fortnight....
John MURPHY was sentenced to a fortnight's imprisonment for street begging.
Daniel CAULFIELD was charged by Sergeant O'BRIEN, of the Cavan Militia, with having been absent from the last training of that regiment. CAULFIELD handed up an excellent character from Adjutant GOSSELIN. Sergeant O'BRIEN also gave him a good character, and said he believe the cause of his absence was that he had no funds to come to Cavan....The Chairman said he regretted they had not discretionary power in the case. The punishment was not more than six months, or less than two. They were obliged to sentence him to two months' imprisonment; but if he got up a memorial, they would put their names to it, and it might have the punishment lessened.
Margaret MAHON v. Mary LEDDY
This was a charge of assault, window smashing, stone throwing, and abusive language, preferred by Mrs. MAHON, a quiet-looking person, against Miss LEDDY--whose acquaintance the Court had the pleasure of making and renewing on various memorable occasions. Sergeant NEADOM, of the Butlers-bridge police station, corroborated complainant's testimony.
The complainant said the only reason which Miss LEDDY could have for assaulting and threatening her, was she did on several occasions, was that she had prosecuted her once for stealing a shawl.
Miss LEDDY--You lie, you old faggot--you gave it to me! Yourself and the sargent did it nicely between ye! If I was to hang for it, I'll have the worth of it out o'you---
Here ensued a scene which would require the graphic pen of the TIMES' talented correspondent to adequately describe; we cannot do it justice. With one full swoop, Miss LEDDY tore the head-gear off complainant, made streamers of her apron, ribbons of no small portion of her gown, and even damaged the lower extremity of that "garment of mystical sublimity" to which Byron so respectfully refers in "Don Juan"! And then her yelling!...The Magistrates seemed petrified! the audience struck with paralysis, and even the usually impassable "Force" seemed as if changed to so many warlike-looking statues,--congealed within their emerald armour. Sergeant NEADOM was the first to recover, and calling on a half-dozen or so of his brother-in-arms, made a charge upon the gentle Mary Anne, who battled bravely for a considerable time--kicking, screaming, biting, and scratching, until she was at last overpowered by superior numbers, and removed, "vie et armis", from the Bench and consigned to the care of Sub-Constable SHELLY, who gallantly endeavoured to soothe her. His labours were finally rewarded with success, and Mary Anne became as gentle as a turtle dove under his care. When this happy result was obtained, Mary Anne was called up, and the Chairman informed her that in consequence of being such a naughty girl as to assault complainant, she should be confined to the Nursery, in Farnham-street, for two months, and for her gentle conduct that day her retirement was to be prolonged another month.
Mary Anne assured their Worships in the most solemn manner that they might transport her if they wished, but she was determined to have satisfaction--if she was to swing for it. She was then taken into charge...and continued to give broad hints and bestow death-like glances at the complainant until the rising of the Court.
Pat GALLIGAN v. Patt M'CABE.
This was for an assault committed on complainant on the 31st ult. Defendant did not appear. The court fined him 10s, or a fortnight's imprisonment.
John REILLY, of Currahoo, v. James NULTY, of Polls
REILLY is a road contractor, and summoned defendant because he found some sods cut on the public road adjoining NULTY's land. Having no evidence to prove that NULTY cut them, the case was dismissed.
The Court rose early.
We regret to have to record the perpetration of a most brutal murder in our comparatively tranquil county....The facts are as follows: On Friday, the 4th instant, a young man named Richard FORBES, eldest son of James FORBES, who resides on the townland of Cornagh, county Leitrim, the property of John THOMPSON, Esq., proprietor of the ARMAGH GUARDIAN newspaper, was in this town, for the purpose of registering himself as a candidate for the constabulary. Being only about sixteen years old, he was advised to wait for some time; and left here that evening about six o'clock, and when within a short distance of the town of Arvagh, a party of ruffians rushed upon, and commenced beating him in a most brutal manner. A car was passing at the time, on which were a man, his wife, and servant boy.--The unfortunate lad called upon these to save him, but without effect. He then clung to the car, and even sought to get under it, to escape his fiendish murderers, who never left him until he was a mutilated corpse. The brute who owned the car then drove home--passing the police barrack in his way--without trying to render any assistance or mentioning the murder to the police; and it was only incidentally that his being present at the time of the murder was ascertained.
A inquest was held on the body, and a verdict of "wilful murder against some persons unknown" returned--the owner of the car, his wife, and servant denying all knowledge of the murderers. The coroner's jury accompanied their verdict with a memorial to the Lord Lieutenant to send an extra police force to the district. No trace of the murderers has yet been obtained, though the police have been most painstaking. To complete the horror of this fearful murder, we have since heard that the unfortunate young lad's mother has died of grief on hearing of his dreadful fate. We hope the respectable inhabitants of the district will act like men, and aid the police in brining the perpetrators of this diabolical murder to justice.
An inquest was held on Sunday, at the house of Mrs. Margaret FLOOD, before W. POLLOCK, Esq., one of the coroners of this county, and a respectable jury, on the body of a woman named Anne RUXTON, who died suddenly on the morning of Friday last. It appeared deceased had lately returned from America, where she had resided for some time with her husband (who is still there), for the purpose of bringing out their children, who had been left after them in this neighbourhood when they were emigrating. She had been of intemperate habits, and drank freely both previous to and since her return from America, and was at the time of her decease about forty-two years of age. Her sister and Mrs. FLOOD were examined as to the circumstances under which she died; but the jury expressed a desire that the body should be opened by a medical man, in order that the cause of death should be satisfactorily ascertained. The injury (sic) was accordingly adjourned to next day, and a post mortem examination of the body was made in the interim by Dr. MALCOMSON, and the inquest was resumed at three o'clock on Monday. The jury having been called over, Dr. MALCOMSON deposed that on examining the body he found a great quantity of fatty matter about the heart, which was nearly emptied of blood; a portion of the lungs adhering to the ribs; very small development of the muscles of the body, and other indications usual in persons of intemperate habits, and he was of opinion that death resulted from these causes...Some questions were put to the doctor by members of the jury, after which he retired; and the jury returned a verdict to the effect that deceased died from natural causes.
SURGICAL OPERATION--An accident that, but for prompt and skilful treatment, would have ended fatally took place in this town on Friday evening. An old man named CARROLL was eating in the house of Mrs. ANNON, at the Diamond, when a piece of meat that he attempted to swallow stuck in the passage and obstructed the breathing. Dr. MAHOOD was summoned, and found the man in a state of asphyxia. There was no time to be lost--animation was suspended--and the doctor at once cut into the windpipe and removed the obstruction. The incision was then closed, and the man is now doing well. Dr. OVENDEN was also in attendance as soon as possible, but the operation (laryngotomy, we believe, it is called) had to be performed before his arrival.--ENNISKILLEN REPORTER.
The harbour of Galway is being surveyed by Mr. ABERNETHY, engineer, for the purpose of having a pier and breakwater erected. The plans will be laid before the committee of the House of Commons, on the 30th.
November 19, 1859
CAVAN PETTY SESSIONS--MONDAY
Before Theophilus Thompson, Esq., J.P., Chairman; Andrew Carden, Esq., J.P.; William Babington, Esq., J.P.; William Smith, Esq., J.P.; and W. M. Hickson, Esq., R.M.
A DISPUTED STOCK
Mary LEE of Behey, summoned, Mary CARROLL, for having stolen a scutching stock, her property, on the 14th October.
Complainant (an elderly.....female) stated on being sworn that on the 14th ult., Mary CARROLL came to the house where she was stopping, and took away the scutching stock which she now sought to recover....Defendant, on being asked what she had to say to the charge, said she owned the stock....The Chairman inquired how long the stock had been out of her possession?
Defendant--About two years, your honour.
Chairman--And how came you not to ask her for it all that time?
Defendant--All the girls about the neighbourhood used to be borrowin' it.....
The Chairman said the Bench were of opinion that the stock belong to complainant, and ruled that it should be returned to her--defendant paying her 2s. 6d. costs.
LEDDY v. FITZSIMONS
In this case complainant preferred a charge against defendant for having injured a pass, his property, on the 4th November. Our readers may remember that at a recent trial concerning this pass defendant was fined and cautioned against interfering with it.
(after much discussion) Their Worships having consulted for some time, the Chairman said they were divided on the subject...The case should, therefore, stand over to another day.
LEDDY then preferred a charge of trespass of ten head of cattle against FITZSIMONS, and the case having been proved, he was fined ten shillings and costs.
Robert COHEN v. James FAY
This was a complaint preferred by COHEN against defendant for allowing nuisance to flow into his yard. On last court day, Mr. FEGAN summoned COHAN (sic) on a similar charge; COHEN pleaded that the nuisance came from the yard above his (FAY's);....The case was then argued at considerable length--their Worships finally deciding that they had no jurisdiction in such cases, which should be heard before the Town Commissioners' (or Borough) Court.....
James M'CAFFREY v. John COSGRAVE and Thomas REYNOLDS
This was a charge of assault, and complainant deposed that he was in Mr. BRADY's public house on the fair night, agreeing with two servant girls, when he was called by some person, and immediately received a blow on the head with some weapon; turned and saw COSGRAVE standing near him with a whip in his hand; ....received several blows from other parties....did not see REYNOLDS; had no previous knowledge of the prisoners.
Anne SMITH sworn--Was with her master (the complainant) in Peter BRADY's house on the night in question ; another servant of his, named Mary HYLAND, was also present; there was no one else present; the prisoner COSGRAVE came in, and asked 'Are you M'CAFFREY;' he immediately struck the complainant with a whip on the head; he was going to strike hi again when witness put up her hand to save him; the other prisoner also struck him while holding COSGRAVE; witness gave him a "dash" and threw him against the window, and herself and Mary HYLAND held him there until the police came.
Mary HYLAND corroborated this witness's testimony.
Sergeant HOUSTON was next sworn and deposed to finding the complainant (who was bleeding profusely) holding COSGRAVE....
It was evident that it was a premeditated plot, and the magistrates were determined to send the case for trial to the Quarter Sessions--principally that the two young girls (Anne SMITH and Mary HYLAND) should receive some reward and compensation for their heroic and most praiseworthy conduct, which could not be done if the case were disposed of summarily.
A trio of worthies, consisting of Daniel BRODERICK, _____WILLIS, and the redoubtable "Sap" M'GOVERN, were brought up (in custody) charged--BRODERICK with having robbed a man named Daniel M'GOVERN of about 4l., and wounding him in the hand, on the fair night, in Cavan; WILLIS with having aided in and abetted the robbery; and poor "Sap" with having rendered active assistance to their efforts, and accommodating the previously-name gentlemen with quarters in his hotel, at the conclusion of their performance--"Sap's" establishment being (and deservedly so, it would appear) the favourite resort of the light-fingered gentry--"et hoc genus omne"--who honour our town with a visit.....The Court committed the trio for trial at the Quarter Sessions, offering to admit them to bail....
The other cases were not of much interest.
William WANN, Esq., J.P., Markethill, has been nominated Sequestrator of the Parish of Mullabrack, by his Grace the Lord Primate, during the interval between the resignation of the Rev. the Most Noble the Marquis of Waterford and his successor. Mr. WANN entered into the usual security before the Rev. Alex. IRWAN, Surrogate, last week.--ULSTER GAZETTE
(The gentleman whose appointment is recorded above by our contemporary is brother of James WANN, Esq., Manager of the Ulster Bank, Cavan--Ed., CAVAN OBSERVER
November 26, 1859
CAUTION TO QUACKS--INQUIRY--Information was received by Thomas PEYTON, Esq., coroner, that a child, named Michael WALDRON, who died after having been inoculated by an unlicensed man, named Roger KENNY. Mr. PEYTON at once issued a warrant for the arrest of KENNY, and on Thursday last had the body exhumed, at Kiltullagh, and opened an inquiry as to the cause of death. Martin WALDRON, father to deceased, was examined, and stated that almost three weeks ago, Roger KENNY inoculated deceased on his right arm, for which he paid him a shilling, and in the course of five or six days he became ill, and the arm very sore, which continued to increase til he died on the 11th inst.....Surgeon CUPPSIDGE, of Castlerea made a post mortem of the body, and stated that it was nearly all covered with smallpox. There appeared a hole on the upper of the right arm, which commonly occurs after inoculation.....Under those directions, coupled with the evidence, a verdict amounting to manslaughter was recorded. A committal against KENNY to Roscommon gaol was then signed by Mr. PEYTON, and handed to Head Constable IRWIN, of Castlerea, for immediate execution. It was stated at the inquest that Roger KENNY has been doing a most profitable business in the way of inoculating children for some time past, not only in the above locality, but in the counties of Mayo and Galway, and that recently no less than six deaths had resulted in one week after his inoculation. ..It is hoped that when the matter goes before the officers of the Crown that they will institute an inquiry, and call to account those who are receiving large salaries for not looking after such matters.--BOYLE GAZETTE
SHERCOCK PETTY SESSIONS--NOVEMBER 17
Magistrates present--J. H. Adams, Esq., R. A. Minnett, Esq., and B. S. Adams
Pat MARTIN summoned James REILLY for 9s. the amount of an appraiser's bill. Defendant's cattle came into his garden (situate in a farm some distance from his house) and ate his cabbage; they were in there frequently....The defendant stated that the complainant was entirely in fault, not having his ditches in proper order and that there were other cattle in the cabbage as well as his...the summons was dismissed, defendant paying 6d. and costs and ordered to repair the ditch.
Isaac SLOAN summoned Mr. LENNON for a similar cause. He said that LENNON's cattle fed upon his meadow all last summer, and LENNON said they did not. SLOAN got the damage appraised, but LENNON would not pay; the appraiser's bill was 19s....After a lengthened argument on both sides, their Worships gave a decree for 8s, and costs.
Sylvester CAMPAYNE summoned Edward SMITH for 1l., which he alleged was due for having served certain writs preparatory to the obtaining of sums of money, in all 82l., being a dowry. SMITH, he said, promised him 1l., and the attorney employed in the case promised him another for procuring him cases, &c....In his defence, SMITH said that he certainly promised complainant the 1l., but he punctually paid him, and he also produced a letter from the attorney, telling him to pay him no more. CAMPAYNE endeavoured to substantiate his case, but having failed to do so, it was dismissed.
Patrick DUNIGAN summoned Mary CARROLL for letting her horse trample upon and destroy his potatoes. He saw the horse in the field where his potatoes--which are what he terms conacre--are, but he did not see him in them, but there were others who did, and were accordingly called; whereupon the opposing party brought an array of witnesses to prove that the others were all wrong. In addition, other persons, who were not called upon at all, put in their voices and in fact the whole scene resembled the meeting of a lot of geese....but the worst of it was that poor Mary was fined 6d. and cost of Court.
Constable Wm. SPERE, of Coronary, brought up Michael CARROLL, charged with being drunk and disorderly on the road on Sunday evening; his conduct is generally bad; fined 5s., or 48 hours imprisonment.
The other cases were of no interest, and the Court shortly afterwards adjourned.
CAVAN PETTY SESSIONS--MONDAY
In consequence of the pressure on our space today, we are obliged to exclude our report of the cases tried before this Court on Monday. The case of LEDDY v. FITZSIMON--the particulars of which appeared in former numbers--was finally left, by mutual consent, to the arbitration of Mr. SMITH, J.P., the agent to Major R. BRADY.
ACCIDENTAL DEATH--As Mr. IRVINE, of Clones, auctioneer, was returning from Newtownbutler petty sessions, on Monday, he fell off the car and was killed.
John S. LENNON, Esq., Sub-Inspector of Killashee, Longford county, has been removed to Swineford, in the county of Mayo. The removal to date from 1st of December. He is to be replaced by John Joseph BLAKE, Esq., Sub-Inspector, from Roscommon.
County Cavan Newspaper Transcription Project
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