Published in Cavan, county Cavan
September 3, 1859
NAVAN PETTY SESSIONS--THE LATE FAIR RIOTS
(From our Reporter)
NAVAN, August 29, 1859--Considerable interest was manifested to-day in this town in consequence of it being publicly known that thirteen summonses had been issued against parties more or less implicated in the recent alleged riot on the 15th instant, when a mob with a band at its head interfered with the business of the "Navan Great Autumn Fair." There was a large attendance of magistrates, the chair being occupied by the Earl of Mayo. The other magistrates present were Thomas Roberts, J. N. Waller, Samuel Garnett, R. Bolton, Baron Hussey, Gustavus Lambert, P. P. Metge, Francis Murphy, Thomas Erinzy, R.M., and John C. Metge, Esqrs. The court was densely crowded.
Whitewell BUTLER v. Michael GIBNEY
Mr. J. A. CURRAN, instructed by Mr. Francis SULLIVAN, appeared for the defendant.
Mr. BUTLER sworn--I saw the defendant among the mob on the 15th of August, and I saw him strike Charles ROTHWELL's pony; there were nearly three hundred in the mob;....Cross-examined...I went there myself to see what was going on; I was among the mob, but I did not ride in a menacing manner;...To Mr. Lambert--As soon as the railway gates were opened the mob rushed through and the band stopped....A stone the size of my hand passed my ear; my hat flew off and was torn to pieces....
Charles ROTHWELL sworn--I was with Mr. BUTLER riding up through the crowd; they told us to go back; Mr. Butler said we would go where we liked, and they then began to throw stones at us...
Mr. CURRAN then said that he appeared in the present case and several others, and he did not really know what offence his client was charged with; there was no offence on the face of the summons that he knew of as known to the law. As to striking a man's horse, that was not an assault; if the horse had been injured, then it would be a malicious injury to the person who owned the horse...There was no assault, no blow struck, and, in fact no charge over which the magistrates could exercise any jurisdiction. Mr. Curran was loudly cheered at the conclusion of his observation.
Lord Mayo--If there is any more noise of that sort we shall order the court to be cleared.
Mr. Curran--I assure, my Lord Mayo, I greatly regret any noise of that sort. They don't pay me any compliment by it.
Sub-Constable M'KENNA v. James CULLEY
This case was next called on, the magistrates being desirous to waive judgment until they heard the whole evidence.
Sub-Constable M'KENNA sworn--I saw James CULLEY in the fair green shouting that there would be no fair; there was no riot or disturbance when this was going on; they made a disturbance by driving the cattle out of the fair green...Cross-examined...There was nothing to cause alarm except in the driving back the cattle; there was nothing to cause terror....Mr. Curran now again submitted that the people were warranted in driving the cattle away.
Sub-Constable REILLY sworn--On the 15th inst. I saw a crowd on the green; there were six cattle standing on the green...the people did not drive the cattle off till the gentleman himself did so.
Head Constable HYLAND sworn--I was on the fair-green between seven and eight o'clock on the morning of the 15th; there was a band playing from Leesbrook further down the green...
Mr. BERGEN, Sub-Inspector of Constabulary, sworn and examined--I was in charge of a party of men on the fair day; I saw no assault; I saw a man crack his whip for the purpose of driving off the cattle....
Sub-Constable HANNA sworn--Saw no breach of the peace...
Matthew KEALY sworn--About three years since a party was summoned for bringing his cattle to the fair; I had Counsellor COFFEY here; the question was brought before the magistrates, and afterwards, submitted to the law advisers, and it was intimated to me that the fair was perfectly legal....
Constable KANE examined--I saw Mr. PURDON on the 15th with several persons at the railway, to whim I offered protection, but they did not seem to require it; I told Mr. Purdon that it was likely he would be stopped; Mr. Purdon told me that he had a pistol...
Lord Mayo--There is proof given of two blows having been given--one to a cow and another to a horse.
The magistrates again retired and after some deliberation, Lord Mayo thus expressed their final determination:--We have a remarkably full bench here to-day. We all came into this town to have the law vindicated. We have dismissed all the cases except one. Mr. Curran made a suggestion, which the magistrates have received; and, as the law has been vindicated, and as the defendant owns that he is in the wrong, we will, therefore, as we have dismissed the other cases, dismiss this one also (loud cries of "bravo" and cheers).
This terminated the proceedings.
SHERCOCK PETTY SESSIONS--AUGUST 25
Before John Veevers, Esq., R.M., and B. S. D. Adams, Esq., J. P.
There were not so many cases for investigation as usual, but some of those that were heard possessed a good deal of public interest. Mr. SWANZY, Mr. WINNING, from Kingscourt, and another professional man, from Dublin were in attendance. Cases of importance are increasing at this court.
Andrew M'INTYRE summoned F. DUFFY for 10s. 6d., which he stated to be money due for ploughing, but which, in fact was a sum for which Duffy got a decree against him on this day fortnight, alleging same to be due for three days' work of a horse.
After hearing evidence on both sides, Mr. Adams said the decree given at the last Bench should not be reversed, but that M'Intyre might bring the case to another Court if he thought proper.
Anne FITZPATRICK summoned Bridget M'ENERNEY for using abusive and threatening language. When sworn she said that on that day week, while she had her child in her arms, defendant called her all the names in her head, some of which were of the most offensive kind. She took her can on the same occasion and broke the lid of it; she threatened to strike her with a stick she had at the time...
The defendant (who is a smart, active-looking person) stated that complainant was sister to her husband, who was at present in the county Meath; she was going with her child on her back, and got plaintiff's hens her oats; she was in a great rage, when she saw all the damage that was done...
Each story being as likely as the other, their Worships dismissed the case.
Thomas PHILLIPS summoned John M'CHESNY concerning the repairing of a mearing ditch. He saw M'CHESNEY's boy turning his master's cows out of his corn, and he knew it was on M'CHESNEY's part of the ditch they got in.
M'CHESNEY denied that it was, and Mr. Veevers observed that the case must be postponed till Mr. Adams, the landlord, would have seen it.
Phillips applied for his costs, but did obtain them.
Thomas CLARKE summoned Edward M'KENNA for deserting his service. He went away when he was most needed, and he was at great loss in consequence. He sought a warrant from their Worships, but Mr. Veevers refused, saying that probably the boy only went to the county Meath harvest, and would return in a few days.
Peter COYLE summoned Joseph M'CALL for having thrown seven clumps of turf and sods belonging to him into a hole. He got trouble in making them, and the bank he got in '57 with a woman whom he married at the time. He brought Mr. Rutherford, the appraiser, to value the damage done, and produced his bill; the amount was 9s. 6d.
The defendant argued that the bank was his, and when Mr. Veevers asked how he had a claim on the bank now, not having made turf on it since '57, he said that it was still in his possession, but there being no turf upon it he did not mind it.
This plea was insufficient, and he was ordered to pay the full amount of the appraiser's bill and costs of court besides.
Michael COONEY summoned Edward M'CHI for abusive language between their wives, trespass, &c.
Mary COONEY was sworn, and said her husband's crop was all destroyed by defendant. He'd be away "masoning," and the M'CHIs had a pass by their crop.
"It's all spite," said an old woman in court, whom I understood to be the defendant's wife....Whereupon such a storm of words ensued that 'twas quite impossible to know what any of them said or meant.
We must dismiss the case, said their Worships.
Rose MAGEE summoned James JONES for 9s. 6d., the amount of an appraiser's bill, for damage done by his cattle. When asked did she get the cattle in the oats, she replied that she did not, but a little girl, named Margaret MAGEE, turned them out, and told her, and she went and identified the cows; they were Jones's....
Mr. Veevers said the crop must be preserved, and accordingly gave a decree for 9s. 6d., and costs.
RUXTON v. RUXTON and CONNOR
This action as brought by Catherine RUXTON against William RUXTON and Bernard CONNOR. The plaintiff is a daughter-in-law to William RUXTON, and CONNOR is a son-in-law of his.
Catherine RUXTON sworn--Went to cut my oats on this day three weeks; when coming home RUXTON and CONNER (sic) assaulted me...Cross-examined--They both knocked me down; it was Billy RUXTON that sowed the oats, but it was contrary to my will he did it;...
Several others were also examined and cross-examined, among whom were plaintiff's sister-in-law, Bridget RUXTON, and her sister, Mary CONNER, wife of one of the defendants; John LYNCH, who has a grass of part of the field; Thomas M'BRIDGE, a respectable man in the neighbourhood, &c. The disinterested witnesses all proved the leading particulars of Mrs. RUXTON's evidence, but Mrs. CONNOR proved that her husband did not interfere at all...This case occupied more than an hour.
The attorneys having closed on both sides, their Worships, after a few minutes' consultation, ordered William RUXTON to pay 1l. fine, and 15s. compensation, or to be imprisoned for one month; and Bernard CONNER to pay 10s. fine and 5s. compensation, or to be imprisoned for the same time. Neither of them paid, and they were both taken into custody.
Sub-Constable John IRWIN, Ballytrain, brought up Hugh M'CABE, charged with being drunk on the public road. He was not in the habit of getting drunk, and he was fined only 2s. 6d. If he be got again he'll "get the full benefit."
He also summoned John FINLAY for having his dog on the side of the road without a log. Ordered to pay cost of court, and put a log on the dog. The owner said that dog was fourteen years of age and could not see.
James M'MAHON, for having his ass tied on the side of the road, was fined 1s. and costs.
Their Worships then rose.
CAVAN PETTY SESSIONS COURT--MONDAY
Before T. Thompson, J.P., Chairman;
W. Babington, Esq., J.P., and A. Carden, Esq., J. P.
MORRIS v. FLOOD
Mr. Magauran appeared for the defendant in this case, and said that it had been postponed on last court-day, at Mr. Hickson's suggestion, in order that Bernard KEEFFE, the person for whom his client was said to have gone bail, and who was then in the Workhouse hospital, should be present. KEEFFE was still in hospital. Complainant said KEEFFE was in town, that he had seen him a short time before. Their Worships postponed the case until Barney could be got.
The parties then left court, but the case was heard in the course of the day, KEEFFE refusing to come forward.
From the evidence of complainant and his wife, it appeared that FLOOD, who is a shoemaker, engaged lodging at their house for Keeffe, then in his employment, that he said he would see them paid, and that he came on one occasion to give them a week's money; and asked would it do as well to send it by Keeffe as to bring it himself; they said it made no difference who gave it.....Mr. Magauran contended that his client was not liable for the amount, but the Court said they had no option but to give an order for the sum claimed.
Sub-Constable KERR summoned Mr. P. MAGENIS for allowing his pig to wander on the public streets....Their Worships dismissed the case, as it appeared the pig had only go out by accident.
James REILLY, Patt LYNCH, Patt GAFFNEY, John ORANGE, William NIXON, William DANCY, and John TALBOT were fined 6d each and costs for having allowed their pigs to wander.
Bernard SMITH was fined a like sum for allowing two goats, his property to traverse unattended the public road.
THE MIDLAND GREAT WESTERN RAILWAY COMPANY v. Patrick WHELAN, John Food (sic), Bernard FLOOD, and Francis FITZPATRICK
Mr. Magauran said he appeared for the Midland Great Western Company in this case. The summons had been issued by the Company to put a stop to a system which had been carried on beyond endurance. The defendants were charged with having wilfully trespassed on a portion of the Company's premises in Cavan, with having obstructed the Company's servants in the discharge of their duties, and with using abusive language and threats towards Mr. O'BRIEN, the station master......
The Chairman, after consulting with his brother justices, severely reprimanded the defendants for deliberately annoying the Company's servants, and using language calculated to make him commit a breach of the peace. The Bench considered WHELAN the ringleader, and he might consider himself leniently dealt with by being fined 10s and costs, or a fortnight's imprisonment. The other defendants should pay a fine of 5s. each and costs, or a week's imprisonment.
A case of trespass to which Luke BRADY was complainant, and James M'CANN defendant, occupied a considerable time, but as there was a question of title, the matter was referred to the arbitration of a man named Thomas M'IVENUE, both parties consenting.
CUSACK v. REILLY.
In this case, CUSACK, the employer of the defendant, Eliza REILLY, charged her with leaving his employment. The girl in return charged him with having assaulted her. After hearing both sides of the story, the Bench dismissed both complaints and ordered Cusack to pay the girl the amount of wages due her.
Mary Ann MAGUIRE summoned Mick DONOHUE for a quarter's wages (5s.). The complainant is a little girl who had been hired by defendant's wife at 4d. a week. It having been admitted that she received sums varying from a half-penny to 5d., and amounting in all to 1s. 10½d., the Court gave an order for the balance (1s.) and costs.
The Court then rose.
September 10, 1859
MIDLAND GREAT WESTERN RAILWAY
GALWAY LONGFORD, CAVAN, &c.
On TUESDAY, 13th SEPTEMBER
A SPECIAL EXCURSION TRAIN Will be departed from the GALWAY station at Twelve o'clock noon, from CAVAN at a quarter to Two o'clock, and from LONGFORD, at half past Two o'clock afternoon; and will arrive in Dublin at about Seven o'clock evening.
FARES TO DUBLIN AND BACK 1st class 2nd class 3rd class Galway
15 6 12 6 7 6 Athenry
12 6 10 6 6 0 Ballinasloe
10 0 8 0 5 0
The Excursionists will be entitled to return by ordinary Passenger Trains (according to class on any day up to and including Tuesday, 27th September, 1859, First-class Passengers will be allowed 80 lbs., and Second and Third-class Passengers will be allowed 50 lbs. of luggage, and no excess luggage will be conveyed by the Excursion Trains.
The Company will not be responsible for luggage of passengers at the above fares...
N.B.--Tickets not Transferrable
W. FORBES, Manager
24 August, 1859
MALICIOUS INJURY--On Sunday night last some ill-minded miscreant got into the premises of Mr. Thomas M'KIM, smith, Wine-street, and maliciously cut and destroyed two bellows in his forge, value about 10l.....Mr. M'KIM is a respectable hard-working man, and has always lived on the best of terms with his neighbours......SLIGO INDEPENDENT
CAVAN PETTY SESSIONS COURT--MONDAY
Before W. Babington, Esq., J.P., and W., Mallickson, Esq., R.M.
Mr. M'GAURAN applied to the Bench to accept bail in the case of two persons, at present prisoners in the jail, charged with assault, and stated that Dr. TAYLOR, of Cootehill, would give a certificate of the injured person being out of danger in the course of a week. It appeared that the person, whose name Is M'CALL, had been assaulted by the two prisoners, and his leg broken. He was sent to the Infirmary and informed there by Dr. MEAZE that the leg should be amputated...Dr. MEAZE said the man was not likely to recover..Mr. M'GAURAN said that even if he did die, the case would be a very mitigated case of manslaughter...After some further discussion, the Court consented to accept bail for the prisoners...
Edward O'BRIEN summoned Mr. George GRAHAM, of Clonervy House, for £1 14s 8d, amount of wages earned by him mowing Mr. Graham's oats...Mr. Graham said the man had received the full amount of money coming to him, that he took it without a murmur, that he had made no bargain with him to pay him by the acre.....The Bench gave an order for £ 14s. 8d., deducting 11s. 4½d which the complainant had received.
Mr. Graham gave notice of appeal.
John M'CABE summoned Michael MAHER for stealing a "tool" on Monday evening; he missed it on Tuesday morning, and got it in MAHER's possession; knew it at once by the method in which it was "punched."
The Bench cautioned MAHER against saying anything to criminate himself.
Patrick M'CABE, brother of the complainant, identified the "tool" and swore that he saw him making it; it was something defaced since he saw it in his brother's possession....A nailer named WATERS said he saw the "tool" in John M'CABE's hand on Monday night;...The defendant said that the "tool" belonged to himself...Denis MAHER (son to defendant) swore that the "tool" belonged to his father....
After an animated controversy relative to the "tool" and the various methods of "punching," the Court said they would dismiss the case so far as the larceny was concerned, and that M'CABE might bring a civil action for the recovery of the "tool."
Bridget RAHAN was the complainant in this case, and was about to reveal her complaint, when,
The Clerk inquired if she had six-pence to pay the stamp duty?
Biddy--Indeed, I haven't, sir; I didn't earn six-pence this month.
Clerk--Well, your case can't be heard until you pay.
Biddy--Oh, you might hear it, sir--I'll pay you after it's heard
The Clerk, however, demurred to this, and explained to their Worships that parties bringing cases to the Court were well aware of the regulation.
Biddy made a feeling appeal to some friends in Court to stand the "tanner," but they excused themselves on the ground of inability....
Clerk (to defendant)--Will you pay it?
Defendant--What'd I pay it for? Let herself pay it.
Finally, the indispensable "tanner" was produced by Sergeant M'AULEY, on promise of payment.
Biddy then stated, after a rambling and almost unintelligible narrative,..while going to her work on Thursday three weeks defendant suddenly came behind her, and in a acrobatic manner, leaped upon her back, and threw her down, from which singular evolution of his and the terror with which it inspired her she had to remain in bed ever since..."And," she concluded, "that's no treatment to give a poor orphant"--Biddy being, by-the bye, apparently 36 or 40 years of age...
The Bench dismissed the case, considering it a joke, and ordered CROWE to pay the costs, cautioning him at the same time, to be careful with whom he played "leap-frog" in future.
Peter M'LENNON v. George BUCHANAN
In this case complainant sought to recover £1 19s. 2d, __£1 being money lent on the 20th December last, and 19s 2d. of a book account for goods received.
Mr. M'Gauran appeared for the defendant, who had a set off against the sum claimed amounting to £2 4s., for work done for him by plaintiff. The case occupied a considerable time, and the Court after revising the items of the set off, gave plaintiff a decree for 11s. 2d.
Sub-Constable William HENRY summoned an elderly man named KELLY, and a young land, named O'BRIEN, for fighting on the streets of Stradone. The case not being a serious one, the Court dismissed them with a caution, on paying the costs.
The Court then rose.
SUDDEN DEATH OF A YOUNG LADY--On the evening of Friday, the 26th August, Miss Mary Eliza ESMOND, late governess in the family of the Rev. Adam LOFTUS, at Andress, when out alone to walk on the road convenient to his lordship's residence, being then apparently in perfect health. She had not gone far when she returned, and on her way home was met by two women, one of whom, Mrs. MAGUIRE, she was slightly acquainted; seizing her by the hand she said, "I feel sick, and have got a strange giddiness of the head." Mrs. MAGUIRE offered her arm to help her along to which Miss ESMOND paid no attention, but moving towards the ditch fell against it and instantly expired. An inquest was held on the following day by Mr. ARMSTRONG, coroner, at which Drs. JOHNSON of Kesh, and IRVINE of Lowtherstown, attended. They agreed in opinion that death was caused from an affection (sic) of the heart. Verdict accordingly. Deceased was a native of Bristol, where her connections are most respectable. She was a highly educated person, of kind and amiable disposition and her premature death is much regretted.--FERMANAGH REPORTER.
(From the CHRISTIAN EXAMINER for September)
Diocese of Armagh--Rev. Henry B. CARTER, to the curacy of Clonfeacle, counties of Armagh and Tyrone; patron, the Rev. Joseph STEPHENSON, Rector.
Diocese of Dublin--Rev. David STUART, to the chaplaincy of Smithfield Prison; patron, the Crown. Rev. T. R. SHORE, to the chaplaincy of Mountjoy Convict Prison; patron, the Crown.
Diocese of Ossory--Rev. Mahony Vincent WATSON, to the curacy of St. Patrick's, Kilkenny; patron, the Dean of Ossory. Rev. John L. DRAPES, A.M., Presentor of St. Canice Cathedral, and Vicar of St. Joseph's and Clara, to be Commissioner to the Lord Bishop of Ossory and Ferns during his lordship's temporary absence.
Diocese of Ferns--Rev. John WHITNEY, perpetual curate of Templeudigan, county Wexford; patron, the Incumbent of St. Mary's New Ross.
September 17, 1859
CAVAN PETTY SESSIONS COURT--MONDAY
Before W. Babington, Esq., J.P.
Edward REILLY, of Derrygarra, was summoned for having allowed four cows and an ass, his property, to wander on the public road, on the 7th instant.
REILLY said he was only driving his cattle to another portion of his land, and having forgot a calf, which he wished to bring also, he returned to the field for it and in the interim the Constable met the cattle. The Constable said that could not be fact, as he was after bringing the cattle beyond his land...Sub-Inspector NAPIER said that was a common practice.
His Worship said he was aware of the practice, and often saw men behind a ditch while their cattle were grazing on the road. He had no doubt that was REILLY's intention. However, he would only fine him 6d. a head and costs.
Adam LOWDEN was fined 6d. and costs for having his dog unlogged on the 9th inst.
Richard HICKS was fined 2s and costs for having two dogs unlogged.
Adam SMITH was fined 1s and costs for allowing his ass to wander on the public road.
DOLAN'S ASS, OR THE BEAST FOR THE DAMAGE
William PARTLAND was charged with a similar offence. The owner of the "Jerusalem pony," an elderly individual with a white beard and a shock head of hair, stepped forward, and touching his forelock to the Court, said--Phy, den your Worship, de poor ass had no harm in it. You see, I bought her from a tinker o' the name of DOLAN, for two shillin's, and she's not wort' six-pence. I bought her to carry a little hedder to make brooms, and keep my family t'rough de winter.
Bench--We must fine you 6d. and costs.....
James CAFFREY summoned Laurence KENNEDY for allowing his cows to trespass on his land, and damaged three stacks of oats.
The Court gave an order for 7s. 6d., and costs of Court.
John SMITH summoned John DONOHUE for allowing 20 head of his cattle to trespass on his land. Complainant, whose farm adjoins defendant's deposed to having got five of defendant's heifers in his potatoes on the 16th of August; six head of cattle and a goat in his flax on the 3rd of September; and three head of cattle in his potatoes on the following day....DONOHUE complained that SMITH's mearing was in a bad state;...
His Worship said he had a remedy if he choose to avail himself of it, by summoning SMITH, and the Court would compel him to make a proper mearing. As it was, he should fine him a shilling a head for the cattle. An order for 20s., and costs, was then given.
James COSGRAVE summoned John COSGRAVE for allowing five hens and a flock of chickens, on the 17th and 22nd of August, and also on the 5th of September, to trespass on his land. His Worship gave an order for 1s. 10d. and costs.
Thomas SMITH summoned Patrick REILLY for allowing a number of fowl to trespass on his corn. Complainant read from a slip of paper the number of the invading host at each incursion, and the whole was about eighty.
REILLY--Why, your Worship, all the hens we have is one hen and a cock (Laughter). We have the chickens here.
Defendant's sister (a good-looking young woman) then produced the chickens from a basket, and said they were only a fortnight old at the time the trespass was alleged to have been committed by them.
After hearing both sides, his Worship said it would be too hard to have the defendant pay the full penalty (6s. 8d), for the trespass, and asked complainant if he would be satisfied with 2. 6d. After some demurring, he consented and an order was given for 2s. 6d. and costs.
William JOHNSTON summoned Patt M'GOVERN for having allowed his pig to trespass in his (illegible). Despite the energetic defence made by defendant, he was fined 2s. and costs.
The Court then rose.
September 10, at St. Anne's Church, by the Rev. J. G. SCOTT, Joseph KIRKWOOD, Esq., J.P., of Killala, county Mayo, to Harriett Amelia, eldest daughter of Biddulph (sic) WARNER, Esq., J.P., of Marvelstone, county Meath.
Off the Cape of Good Hope, from a fall from the foretop gallant yard of his ship into the sea, Henry, the beloved and eldest son of Rev. Henry COLLINS, curate of High (illegible), Sussex, formerly of Crosserlough, diocese of Kilmore, aged 16 years.
September 24, 1859
COOTEHILL PETTY SESSIONS--SEPTEMBER 17
Lieutenant-Colonel Clements in the Chair
Other Magistrates present:--Edward M'Intosh, Theophilus Clements, and Samuel R. Moorhead, Esqrs.
John GREGG v. Patrick FANNAN
The complainant conducted his own case. Mr. M'Gauran of Cavan appeared for the defendant. The complainant is shopman to Mr. John SHERA, and a most inoffensive young man.
John GREGG sworn--On Friday night, the 9th inst., was returning from a prayer meeting in the Wesleyan Chapel, which he has been in the habit of attending for the last five or six years; saw seven or eight men on the footway, at Matthew BANNON's public house; walked off into the channel to escape them; the defendant followed him, and caught him round the neck; gave him "a foot," and tumbled him; as soon as he fell another of the party came and struck him with a stick, and another with his fist. Mr. SHERA and some others then came up, and the cowards ran away; Mr. Shera followed defendant; witness thought it better to let his prisoner go, and run to Mr. Shera's assistance; did so, and when he came up another ruffian ran and struck Mr. Shera; took defendant prisoner, and brought him to the barrack.
To Mr. M'Gauran--There were two or three assisting in bringing prisoner to the barrack; did strike defendant after he was arrested; does not believe he gave him a black eye, but might have done it; defendant was not drunk; swears positively he wasn't; witness is considered smart, and had a tight race to catch him; that wasn't like a drunken man; Mr. Shera had no umbrella, nor did not strike defendant.
Mr. Moorhead--A very important question has arisen. You swear you struck the defendant after he was arrested. Why did you do so?
Witness--Your Worship, after he was arrested he made several attempts to strike and kick Mr. Shera and myself; it was than I struck him.
Chairman--Are we to understand it was in self-defence you struck him?
Mr. M'Gauran--Did you not jostle defendant before he assaulted you?
Witness--No; on the contrary I left the footpath to escape the prisoner; I ran to Mr. Shera' assistance when a number of the party went to rescue the prisoner.
Mr. M'Gauran--Do you swear they wanted to rescue him?
Witness--I do; for they cried out to rescue him; I do not know who the other parties were.
Mr. M'Gauran--Will you swear defendant was not drunk?
Richard HUMPHRYS (a most intelligent lad of about 12 years old) sworn--Was coming home with John GREGG on the fair night; saw a number of men at BANNON's public house door; John Gregg went off the footpath rather than pass through them...
The Chairman--Mr. M'Gauran, have you any witnesses for the defence?
Mr. M'Gauran--No, your Worship. I admit my client acted wrong, and that he has a right to be punished; but I would wish to state a few extenuating circumstances, that you may be pleased to award the punishment accordingly. As I am instructed by my client, he was unfortunately out on the night in question, and had taken too much drink this young man, Gregg, as I am instructed, jostled against him, and he confesses he struck him....Taking all these circumstances into account, I hope your Worships will consider a very small penalty sufficient.
The Chairman--The decision of the Bench is that you be imprisoned one month, with costs.
Head-Constable HARRISON summoned Farrel M'GOVERN, publican, for having his house open at prohibited hours for the sale of spirituous liquors. Fined 10s. and costs.
A few trifling cases having been heard, the Court rose.
CAVAN PETTY SESSIONS COURT--MONDAY
Magistrates present--T. Thompson, Esq., Chairman; Andrew Carden, Esq., and W. Babington, Esq.
Constable CONN summoned William FITZPATRICK for having assaulted him in the discharge of his duty. It appeared the defendant had been drunk and disorderly in the streets, and when the police ere trying to arrest him assaulted them in a violent manner.
The Bench imposed a fine of 5s. or one week's imprisonment. FITZPATRICK afterwards applied to the Bench to be allowed a week to pay the fine, which was granted.
Susan BRADY, of Drummuck, summoned Connor TIERNY for 1l. 16s., the amount of half year's wages due to her.
Plaintiff stated that she had been hired by defendant--from May to November, and was to receive 1l. 16s. wages on the 13th inst. she left him in consequence of the abusive language given by defendant and his wife, who were in the habit of calling her a rogue, a robber, &c.
Defendant denied this, and stated that plaintiff had a most abusive tongue; his wife was persecuted by her;...His testimony was corroborated by a young lad, a servant of his.
The Bench strongly advised the girl to go back to her service, and conduct herself for the remainder of the time (a month).
Defendant said he was willing to take her back, if she conducted herself properly, though pressed repeatedly to go back, the girl refused to do so, and the Bench dismissed the case.
Patt LYNCH v. Bartley SODON
In this case the complainant (a sickly young lad on crutches) charged the defendant with having struck him and knocked him down. His father deposed to having seen the assault committed.
SODON said he was following one of his cows, and his dog leaped close to the boy, who was probably frightened, and began to cry, but that he never struck him.
Captain Carden said he wished to be sworn as a witness in the case, and stated that there was great ill-will between the defendant and the boy's father, but that from what he knew of the two men, SODON was more inclined to live in peace with the other, so LYNCH had a grudge against him because he got some land which he himself expected to get, he (Captain Carden) had gone, a few days since, to settle a dispute between them, and after it was arranged, recommended them to live in peace for the future....
The magistrates severely cross-examined complainant and his father, but they both persisted in swearing that SODON committed the assault. The Chairman said they were sorry they should fine defendant, as the weight of evidence was against him. But, in order to mark their sense of LYNCH's conduct in bringing such a trifling case, they would make the fine as low as possible--namely, 6d, and costs;....
John LYNCH v. Michael KERNAN and Michael KERNAN v. John LYNCH
This case and cross-case rose out of a dispute concerning the steeping of flax. LYNCH stated that he got leave from a man named SHERIDAN to "drown" some flax in a drain on his land, and that KERNAN (who is his brother-in-law) assaulted him while doing so, and afterwards destroyed a quantity of his flax.......
The Bench dismissed both assault cases, and fined KERNAN 7s. 6d. and costs for injuring LYNCH's flax, as it was clearly proved that the flax was injured, and he admitted having sent for a pitch-fork to throw it out of the drain.
John DONOHOE v. John SMITH
This was an application to compel defendant to make a proper mearing, and by consent of both parties, was referred to their bailiff.
The Court then rose.
ROYAL BOUNTY--Her majesty has graciously forwarded (through Colonel Sir Charles PHIPPS), a post office order for £3, for the use of Mrs. Anne SMITH, who was safely delivered of a boy and two girls on the 3rd ult. The above sum was remitted in consequence of an application kindly made by Dr. MALCOMSON (who attended her during her confinement) on behalf of the mother and children.
DEATH OF SAMUEL SWANZY, ESQ.
We greatly regret to have to record the death of Samuel SWANZY, Esq., for twenty-seven years Clerk of the Crown for this county. Mr. SWANZY breathed his last on the 15th inst., at 99, Lower Mount-street, Dublin; and has left behind him many sorrowing friends; indeed he is deeply regretted by all who knew him. For some time past he had been in a delicate state of health, but his last illness was of short duration. Mr. SWANZY was in his 72nd year.
County Cavan Newspaper Transcription Project
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