Published in Cavan, county Cavan
December 1, 1860
CAVAN PETTY SESSIONS--MONDAY
Magistrates present--Wm. Babington, Esq., and Andrew Carden, Esq.
FEGAN v. HARTLY
This was a summons for trespass of cattle and injury to cattle and injury to cabbages. The trespass was admitted by defendant, who alleged that he did all in his power to prevent it, but it was impossible to do so, while the railway works were going on on the lands of himself and Mr. Fegan, against whom he announced his intention of bringing a summons for putting his cattle in the pound, knowing whom they belonged to.
The Court recommended both parties to "bear and forbear" until the annoyance of the railway works is over and allow both complaints to drop. The suggestion was complied with.
Peter LEDDY v. James LEDDY
These worthies traveled five or six miles to prosecute each other for trespass. The swearing on both sides was most contradictory, and the Court "nilled" both summonses, recommending the parties to show more sense than to lose their time and money in bringing such cases, and to try and live in peace, as good neighbours should do.
Terence SMITH v. Wm. M'MICHAEL
This was a process for 10s, balance of half-a-year's wages. The defence was that the sum claimed was deducted for days on which plaintiff had absented himself from work. The case was before the Court some time ago....The same evidence having been now heard, a decree for 9s. and costs was given--1s. being stopped for a day on which Smith was absent from work, through sickness, since the former case.
John GILLESPIE v. Bernard M'INTYRE
Defendant was charged with having obtained 2s. from complainant under false pretences, and with intent to defraud him. Complainant hired defendant and another man at the last hiring fair of Cavan, but enjoyed the services of neither. Barney did not come near him at all; the other did, but ran away afterwards. The two shillings Barney defrauded him of were given to perfect the bargain. He made no written agreement with either of them. He lives in the county of Monaghan, and had been put to great expense in coming to Cavan to hire servants....Barney had been recommended to him as a good servant.
Defendant stated that he could not fulfill his agreement, as his mother died last week. The expense of interring her left him without money or clothes, and he had some con-acre flax and turf to attend to......The Chairman said there should have been a written agreement....Defendant should return the 2s. and pay the costs of Court. Barney did so.
R & W. STEWART v. Catherine ALLEN
This was a summons brought for not having completed a piece of what is know as "sprigging" work...The case was proved by Mr. BURKE, agent of the Messrs. Stewart. The Court imposed a fine of 1s. 6d., with 4s. compensation, and 1s. 6d. costs.
Constable SHEALDS v. Rose REILLY
The defendant was charged with having been drunk and disorderly in the streets of Cavan, and with having used offense and indecent language. The Court sentenced her to seven days' imprisonment, and recommended her to return to her native place (Arvagh) at the expiration of her sentence. [The wretched creature, some time afterwards, fell into violent hysterics and had to be removed.]
John M'GIVNEY, of Edenclare, v. Peter SMITH, of Cavan
This was a very singular case. It was a process brought to recover a sum of 10s., money lent to defendant, at the last fair of Cavan. Plaintiff stated that he was selling cattle at the fair, and happened to be in the tent of defendant, who is a spirit dealer, carrying on business in the Main-street, Cavan. The latter asked plaintiff for the change of a 1l. note. Plaintiff said he had not 1l.; he had only 13s. 6d., which he gave him. During the course of the same day he got 2s. 6d. and some drink from defendant, leaving a balance of 10s. When leaving the Fair Green that evening he had some drink in defendant's tent, but did not receive the balance of the 13s. 6d. He was perfectly sober when leaving.......Defendant acknowledge that he had received the 13s. 6d. from plaintiff; but he had a set-off against him, by which it appeared that he paid him that day. He swore positively that he had, in addition to the items admitted by plaintiff, given him 10s. 5½d. in the presence of his (plaintiff's) wife......
After a most patient investigation, the Court expressed it as their opinion that defendant did not pay the balance of the 13s. 6d., but they cast no imputation upon his character, as they considered he laboured under the impression that he had done so. The would give a decree for 10s. without costs. Defendant paid the money.
The Town Commissioners of Cavan v. Bridget M'CABE, Anne LEMMON, Elizabeth KELLY, Margaret LYNCH, Catherine BRACKEN, Rose REILLY, Margaret WHYTE and Maria REILLY.
The charge was that defendants trespassed and caused a nuisance and obstruction upon the Fair Green of Cavan, the property of the Town Commissioners. Five of the defendants appeared; one (Rose Reilly) was under sentence on another charge; and one was stated to be in the workhouse.
In the absence of the solicitor engaged on last Court day--Mr. FITZPATRICK, Clerk to the Commissioners, appeared on their behalf, and stated the charge, and that the Commissioners had on a previous occasion accepted a nominal fine on condition that the defendants would not trespass on the Fair Green afterward. Notwithstanding the defendants still continued to do so. The Commissioners wished to have the matter finally decided; and, therefore, he pressed for punishment against the defendants.
The Town Sergeant proved the trespass.
The Chairman said the defendants could give no excuse for their conduct...The Commissioners had hitherto dealt leniently with them; but as that had no effect, they should now pay a fine of 10s. each or be imprisoned for a week, in order to show them that they had no right to trespass on the property of the Commissioners.
The prisoners were then taken into custody, and the Court shortly after rose.
FATAL ACCIDENT--On Monday last, a sad accident resulting fatally, occurred to a beautiful little child, a year and eight months old, daughter of Mr. William FINLAY, grocer and spirit dealer, Main-street, Cavan. Mr. Finlay's servant was in the act of removing a boiler off the fire, in the kitchen; in which, unfortunately, the child was then playing, when the boiler upset, and a quantity of hot water which was in it scalded the lower portion of the child's person. Dr. O'CONNOR was sent for, who applied the usual remedies, and no fears were entertained of any fatal result, as the water had not been boiling, and the injury done by it to the child appeared comparatively trifling; but the child, who was much terrified at the time of the accident, was attacked with convulsions on Tuesday night, which continued with some intermission, until about an hour previous to her decease on the following morning.
SUDDEN DEATH OF FREDERICK NIXON, ESQ.--It is with sincere regret that we announce the very sudden and much lamented death of Frederick NIXON, Esq., Sub-Sheriff of Fermanagh. He was in the shop of Mr. M'MANUS, Enniskillen, on the morning of Tuesday, and of a sudden fell down in a fit. He was carried home in a state of insensibility, and in about an hour and a half expired.--IMPARTIAL REPORTER
ATTEMPT TO BURN DOWN GURTAN RECTORY.--An attempt was made to destroy the above premises, the residence of the Rev. H. MATURIN, on Sunday last. Mr. J. G. ADAIR was stopping with Mr. MATURIN. The fire was fortunately discovered in time, and only an outhouse has been destroyed by the fire.
FURTHER OUTRAGES--On Sunday night Mr. WILKIN, one of the jurors at the inquest held on Mr. ADAIR's land steward, was waylaid and beaten by a number of men.
CLUE TO THE GLENVEIGH MURDER--It is rumoured that a shirt, with blood on the wristbands, has been discovered in a outhouse of Donald SWEENY (sic), of Derryveigh, who is in custody on suspicion of being the murderer of the late Mr. MURRAY. SWEENEY had but two shirts it has been ascertained, this one, and the other being on him. SWEENY made a violent effort to escape shortly after the jury returned their verdict on Thursday evening.
DROGHEDA PETTY SESSIONS--MONDAY
(From our Correspondent)
These sessions were held to-day, before Patrick Byrne, Esq., Mayor; James Matthews and George Harpur, Esqrs., Justices of the Peace. The only cases worth any notice were the following:--
William BAGNALL, the owner of a lighter trading between Drogheda and Navan, complained of an able-looking, robust fellow, named Charles MACKIN, a labourer generally employed about the corn-stores and sailing vessels of Drogheda, for a brutal assault.
BAGNALL, who appeared with his head bandaged, and his left eye closed up, deposed that on the 15th November, he arrived in Drogheda, with his lighter, from Navan, and having come ashore he was met on the quay by Mackin, who accosted him in a tone of authority with the words, "What are you going to stand?" Witness replied that he would stand nothing, as he was no acquaintance of his, whereupon Mackin "floored" him with a "shoulder and foot.." He fell on the flags, and when down, two savage kicks were given him on the head. He was brought to a doctor's shop and had his wounds dressed....His impression was that he would never have the use of his eye.
Mackin, in his defence, said that it was complainant who committed the first assault, by seizing him by the collar, and shaking eightpence in coppers from his pockets. He stated he had no witness to call.
The Bench pronounced the assault brutal and unmanly, and ordered Mackin to pay £2 compensation, £1 fine and costs of Court. Mackin, being "minus" the cash, or any part thereof, was ordered to be sent to gaol and kept to hard labour for two calendar months.
A young woman, named Eliza FINNERTY, charged with stealing a piece of cloth from the counter of Mr. Ezekeil WILSON, draper, of Shop-street, pleaded guilty, and was sent to gaol for a month.
A man named Patrick KENLIN pleaded guilty of keeping in his possession a purse containing £3 13s., the property of a country man named MURPHY, from the village of Termonfechin, after Murphy telling him that he had lost the purse. He was sentenced to a fortnight's imprisonment.
FATAL ACCIDENT--DULEEK, CO. MEATH--Nov. 27--A respectable woman named Mrs. SINGLETON, living in this village, was accidentally burned on the night of Sunday last, at her own house. It appears that while she sat at the fire upstairs, and while alone, a cinder dropped on her dress unnoticed. The servant, who was in the kitchen, having felt a burning smell hastened to her mistress's apartment and found her enveloped in flames. She lingered in great agony for seven hours.--"From a Correspondent"
December 8, 1860
CAVAN PETTY SESSIONS--MONDAY
(Before W. Babington, Esq., J.P.)
Mr. Thomas HAZLIPP, a respectable farmer, residing in the neighbourhood of Crosskeys, summoned a young lad name James BRADY for having stolen and carried away a quantity of his turf; and when sworn stated that a little after six o'clock, on the evening of the above day, he saw defendant, and (as he believed) his brother--who lived with their parents about two miles from him, stealing and bringing with them a quantity of turf from his "bank;" They brought away an ass load, and the defendant had also a "lapful" of turf.....Defendant's mother said that her husband has a turf bank from Mr. Hazlip (sic); on the day named in the summons her husband sent defendant and his brother (younger than himself) for turf to the bank; defendant was cautioned by his father not to interfere with Mr. Hazlip's, or any other person's turf; but the poor witless child afterwards acknowledge that he took three or four sods to "make up the creel," from the end of Mr. Hazlip's "link." Mr. Hazlip denied that it was from the end of the "link" or "bank" the turf were taken.....Defendant's mother, in reply to the Chairman, said her husband holds a farm of 13 acres.
The Chairman pointed out to defendant's mother the unfortunate position in which the boy had placed himself, and told her she should impress upon the minds of her children that it was wrong to meddle with what did not belong to the. But for the very tender age of the defendant, he would be disposed to deal more severely with him; as it was, he would only impose a fine of 1s. 6d., and costs, with 1s. compensation, or a week's imprisonment. Defendant's mother requested a week's time to pay the fine, which was granted.
Matthew LEE was fine 5s. and costs for having allowed his cow to trespass on Hugh CULLEN's land, and damage five stooks of oats, on the 19th Nov. There was also a charge of trespass on the 16th Nov., but it was not proved; and defendant, who got a week to pay the fine, applied to have the damaged oats give up to him, as he had to pay for them, but the Court declined to make any order in the matter.
Mr. HARTLEY, draper, brought a civil bill process against Patrick CONNELLAN for 11s. 6d., the price of one pair of blankets. Charles KENNY proved the debt.
Defendant denied that he ever got any goods from Mr. Hartley; but Mr. S. MOORE stated that in October, when solicited to do so by defendant, he went bail for him with Mr. Hartley for the blankets, for which he promised to pay against the 12th ult; he (Mr. M.) got the blankets for 11s, for him, and he then expressed himself most grateful for the favour. Decree for 11s. and costs.
THE FAIR GREEN
Anne REILLY appeared to answer the complaint of the Town Commissioners of Cavan for having trespassed and caused a nuisance and obstruction on the Fair Green of Cavan, the property of the Town Commissioners.
The defendant admitted the offence, but promised not to trespass again.....if pardoned this time....Defendant said she had never been arrested for any offence by the police. The Chairman said that although that might be true--and he did not recollect seeing her often before the Court-yet he would not alter the rule made on last Court day. She should, therefore, pay a fine of 10s, or be imprisoned for a week.
Defendant said she had only 9s., but if allowed to leave Cavan, she would do so; she would not leave, however, if she had to pay the fine. Mr. Fitzpatrick, Clerk to the Commissioners said he had no objection to this arrangement....The Chairman decided to postpone the case until next Court day, in order to give defendant an opportunity of leaving town.
The Town Sergeant said he had summonses against two other of the trespassers--one against Anne LYNCH, but she had got married since the issuing of the summons; and he did not succeed in serving the other summons. The charge against the bride was not pressed.
Mr. Fitzpatrick said there were some cases lying over since last Court day, which he wished to proceed with; one was against a woman named Mary Anne BOYLAN, who was stated, on last Court day, to have had a sore foot, and could not attend...The clerk said the cases had been struck out of the book, as the Court had made no order. After some further conversation, the Chairman said it would be better to issue fresh summonses, which was agreed to.
Mr. Robert Henry MERVYN summoned Patrick M'CABE for having assaulted him; and John Jas. M'CABE (Patrick M'Cabe's father) had a charge of assault against Mr. Mervyn. The elder M'Cabe keeps an apple-stand opposite Mr. Mervyn's shop, and the alleged assaults arose out of Mr. Mervyn's objection to have the entrance to his shop blockaded by M'Cabe's stall. Both cases were postponed for the production of witnesses.
The Court then rose.
November 23, at Wimbledon, the wife of Lieut.-Colonel A. Lowry COLE, of a son.
On the 6th instant, in Lavey Church, by the Rev. D. KNOX, Mr. Robert RAMSAY, of Edenclare, to Anne, eldest daughter of Mr. John MATCHETT, of Poles.
August 30th, in Christ Church, Sydney, New South Wales, Mr. James GORDON, fourth son of Mr. Samuel GORDON, of Tynan, county Armagh, to Selina, only daughter of the late Robert ARMSTRONG, Trillick, Tyrone.
At Tempo, Fermanagh, on 29th ult., Elizabeth, wife of Mr. Robert HUNTER, aged 23 years.
At Lisnakea, on 30th ult., after a short illness, G. HUNTER, Esq., M.D., aged 40 years. He was a kind man in his professional duties, and his death is universally regretted.
On the 4th instant, at Coolyerbreen, Letterbreen, Fermanagh, Eliza C., the wife of Mr. John MITCHELL
Of a lingering illness, Wm. BETTY, Esq., only son of Wm. BETTY, Esq., Grove, Ballinamallard, Fermanagh, aged 22 years.
At Tempo House, Fermanagh, in his 62nd year of his age, Thomas ADAMS, Esq., Agent to Sir James Emerson TENNENT.
DEATH OF LORD ROSSMORE--It is with feelings of deep regret that we have to announce the decease of the Right Hon. Henry Robert, third Baron Rossmore, which melancholy event took place at his residence, Rossmore Park, county Monaghan, on Saturday evening, the 1st instant, in presence of Lady Rossmore and other members of the family. His lordship had been an invalid for some years, during which time he bore his long illness with Christian patience and resignation. He retired early, as he was accustomed to do, and was apparently better than usual; about ten o'clock, he was seized with a fainting fit, from which he never rallied. His loss will be deeply felt by his family and the poor of his neighbourhood, to whom he was always kind, and a constant employer. He is succeeded by his son, the Hon. Henry Carnes Westenra(?), aged nine years.
We regret to learn that the Rev. John M'LAUREN, junior curate of this parish under the late Mr. MAUDE, is not to be curate under Mr. MAGEE. Mr. M'LAURIN (sic) has won "golden opinions from all sorts of men;" as he became know to the people their esteem for him kept increasing; and he leaves just when his usefulness is in the blossom. He was of the people; he sympathised with the people; his views and sentiments harmonized with the good of the people, and their regret at losing him is deep and general. IBID.
Arthur Loftus TOTTENHAM, Esq., of Glenferne Hall, Enniskillen, has been appointed a magistrate of the county Leitrim.
James BROWNLOW, Esq., of Ballylock, Monaghan, has been appointed a magistrate of the County Monaghan.
Aubrey de Vere BEANCLERK, Esq., of Ardglass Castle, Ardglass, has been appointed a magistrate of the County Down.
Andrew John Russell STRITCH, Esq., has been appointed resident magistrate for the county Mayo.
Massy H. MURPHY, Esq., of Levahey, has been appointed Sub-Sheriff of Fermanagh in the room of Frederick NIXON, Esq., deceased. This appointment has the utmost general satisfaction.
DEATH FROM HYDROPHOBIA--On Tuesday evening, an inquest was held at the county infirmary, Downpatrick, on the body of James DOUGHERTY, a boy of about eleven years of age, by John A. WARD, Esq., coroner. In consequence of a rumour to the effect that the boy had died from injuries received at school there was anxiety manifested as to the coroner's inquiry. A respectable jury was summoned, of which John LOWRY, Esq., was foreman, and, from the evidence produced, it appeared that some time in the month of August last, the lad was bitten by one of those half-starved mongrel dogs with which the country is infested, and that on Wednesday last, the cheek, the part which had been bitten, was observed to be swollen, and which ultimately resulted in the boy becoming delirious; and on his being removed to the infirmary on Sunday evening, he expired in great agony. A post-mortem examination was held on the body, at which Drs. MACONKEY, WHITE, CUMMING, and PARKINSON were present. A verdict of "Death from hydrophobia" was returned. DOUGHERTY resided about three miles from Downpatrick.--BELFAST NEWS-LETTER
The Rev. Robert W. FLEMING was installed to the pastoral charge of the First Presbyterian Church, Coleraine, on Thursday last, the Rev. W. RICHEY having resigned the charge of the congregation from his health.
FUNERAL OF SIR HENRY MARSH, BART.
On Thursday the remains of his eminent physician were interred in Mount Jerome Cemetery. The mournful cortege left the late residence of the deceased at a few minutes before nine o'clock, and proceed by the north and west sides of Merrion-square and Stephen's-green, through Harcourt street, and Couth Circular-road to the burial ground. There were nearly 400 carriages of the nobility and gentry present, amongst which those of his Excellency the Lord Lieutenant, the Lord Chancellor, Viscount Gough, the Lord Chief Justice, and the Chief Baron. The hearse, drawn by four black horses, carried the coffin containing the remains. It was of highly polished oak, richly mounted in gilt bronze, and having on the lid a burnished shield, on which the following was inscribed:
SIR HENRY MARSH, BART.
Died 1st Dec., 1860
Aged 70 years
The chief mourners were--Major Sir Henry MARSH, Bart., Mr. Frank MARSH, General JOHNSTON, Major WOLSELEY, Rev. C. WOSELEY, Mr. Charles MAHON, Mr. James JOHNSON, Mr. Thomas KEMMIS, Mr. Robert KEMMIS, Rev. J. JELLY, Mr. Arthur KEMMIS, Mr. George CRAMPTON, Dr. BURTON, Dr. FREKE, Dr. BURKE, Dr. BANKS, and D. HILL.
In the procession were Dr. CROKER, Lord W. BUTLER, Lord James BUTLER, Master LITTON, Hon. Baron FITZGERALD, Dr. FLEMING, President of the College of Surgeons; Dr. CORRIGAN, President of the College of Physicians; Colonel ROE, &c....On the procession arriving at the cemetery, the coffin, containing the remains, was borne to the chapel, where the funeral service was impressively read by the Rev. Messrs. WOSELEY and QUENTIN. The body was finally removed to one of the vaults of the cemetery, until suitable monument be erected to receive his ashes.
December 15, 1860
CAVAN PETTY SESSIONS--MONDAY
At the conclusion of the Special Sessions for the Revision of the Lists of Jurors, the Court proceeded to hear the Petty Sessions cases. The first case called was that of
Robert Henry MERVYN v. Patrick M'CABE, which was postponed for the production of witnesses on last Court day.
Mr. MERVYN's statement was to the effect that on Thursday week he asked M'CABE's father, who keeps an apple-stand opposite his door, to remove his stand a few feet from the place in which he was erecting it, in order to leave his (Mr. Mervyn's) door so that he could convey turf or other goods in or out...Mr. Mervyn brought out an empty barrel to place it before his door, so as to occupy, for his own convenience the place M'Cabe sought to keep possession of; M'Cabe tried to prevent him, and his son, the defendant, caught Mr. Mervyn by the shoulder, and twisted him round on the pathway.
The defendant's father had a cross-charge of assault against Mr. Mervyn, which consisted, according to his statement, in Mr. Mervyn rolling the empty barrel against his leg, so as to knock him against the stall. He deposed that it was when Mervyn did this, his son interfered, and merely prevented him of doing injury....
During the hearing of both cases, much discussion arose relative to the standings in the Main-street--the Chairman stating that he considered the police to be grossly negligent in allowing those standings to remain there, and that he himself had, in company with two or three other gentlemen, waited on Mr. JOHNSTON some time since, who offered to give the use of the Market-house yard to the owners of these standings; and when they could be placed there, it was a disgrace to the town to allow them to obstruct the Main-street; but Mr. Babington stated that a majority of the Town Commissioners had decided to allow the standings to remain....Head-Constable MOORE, in reply to the Chairman's observations, said his instructions were to assist any of the shopkeepers who complained of the obstruction caused by these standings to remove them; but Mr. Hickson suggested that it would be better to issue summons for obstruction against the owners of these standings. The matter then dropped.
The Town Commissioners of Cavan v. Mary Ann BOYLAN and Ellen BOYLAN
The charge against the first defendant was for trespassing and causing a nuisance on the Fair Green..The summons was postponed on a former occasion.....The charge against Ellen BOYLAN was for being drunk, and using obscene and indecent language on the streets of Cavan on Saturday night. The Town Sergeant proved both cases....
Mary Anne Boylan said she had left the Fair Green, and now resided in the "Half-acre." Her sister pleaded that she had been very seldom arrested for drunkenness. The Court postponed the first case for a week, and imposed a fine of 6d. and costs, or twenty-four hours imprisonment, on Ellen BOYLAN, who requested leave to go for the money, which was granted.
Charles REILLY v. James FINEGAN
This case was postponed in consequence of the absence of the defendant, from last court day. Complainant deposed that he hired the defendant at the last hiring far of Cavan, at £3 12s. 6d. for a half-year, and gave him 2s. "earnest." Defendant remained with him for eight or nine days, and then left him, going back to his former master, a man named Brady.
Defendant, in reply to the Court, gave no excuse for his conduct, except that he would "rather serve the master he was with first."
The Chairman informed him that he had left himself liable to a fine of £5, or three months' imprisonment. The magistrates were always ready to protect servants, but the farmers of the county were not to be made fools of by such conduct.....He might take his choice--either go back to his master, or to gaol; but if he did not go back, a warrant would be issued for his apprehension.
Defendant said he preferred going back to plaintiff and acknowledge that he had not been badly treated whilst with him. The Chairman then informed plaintiff that he could deduct his costs, and the days defendant was absent from his work, out of the half-year's wages.
Brady said he thought he had the "best right" to the services of defendant, as he had been in his service for a long time; but a hint that plaintiff might proceed against him for having induced defendant to leave his service, convinced Mr. Brady of the propriety of waiving his claim.
George STERLING v. Hugh PRIOR
This was a civil bill process for £1, goods purchased by defendant, at an auction of plaintiff's effects. Defendant admitted purchasing 18s. worth of goods, but had a set off against plaintiff for some goods which he alleged the latter has belonging to him.
The Court postponed the case for a week; and as the parties were leaving court, plaintiff's wife exhibited a rolling-pin, which she said was all the property herself or her husband had belonging to defendant, to whom she made a "legal tender" of it, but he declined to receive it.
The Court then rose.
On the 7th instant, at Cookstown, county Tyrone, the wife of Mr. Alfred AXFORD, Inland Revenue Officer, of a son.
On the 6th inst. in the Parish Church, Cavan, by the Rev. Mr. MOORE, Curate, Mr. W. H. HAMILTON, Farnham, to Eliza, third daughter of Mr. John LADDLEY, Woodranger to Lord Farnham.
On the 9th inst. in Tubrid Church, by the Rev. Edward SEMPLE, Mr. William SMITH, teacher, to Jane, only daughter of Mr. John ALGIE, Tubrid.
September 8th, at Grahamstown, South Africa, W. W. L. HUTCHINSON, A.B., T.C.D., eldest son of Dr. HUTCHINSON, of Carrick-on-Shannon, county Leitrim, to Louise, daughter of the late Captain BROADRIBB, 7th Hussars.
On the 10th inst., the wife of Mr. Alexander ALLEN, High-street, Enniskillen.
On the 9th inst., Jane, eldest daughter of Mr. BRENNAN, Ashwoods, near Enniskillen.
December 22, 1860
CAPEL STREET POLICE OFFICE--DEC. 18
Foster BLACK, a farmer, lately residing in the county of Cavan, and now a prisoner in the Four Courts' Marshalsea, appeared on a summons, together with a man named Patrick FINNEGAN, who described himself as a fowl-dealer, to answer a prosecution instituted against them at the suit of the Attorney-General, for "forging a civil bill decree, and conspiring to have Foster Black to be arrested under a false and counterfeit civil bill decree, and to defeat the course of justice."
Sylvester CAMPAIGNE, another man charged in the summons, did not attend.
Mr. Charles BARRY, Q.C., with Mr. ANDERSON, Crown Solicitor, appeared for the prosecution, and Mr. ENNIS, with Mr. John E. GOODMAN, for the prisoners.
Mr. Barry stated that the case had been brought before the magistrates (Mr. STRONG and Mr. O'DONNELL), by direction of the Attorney-General, under these circumstances:--The prisoner, Foster Black, had applied before Mr. Berwick, one of the judges of the Insolvent Court, to be discharged as an insolvent debtor, and it appeared in the course of the proceedings that he was imprisoned under a civil bill decree for £12 4s. 9d., at the suit of one William M'Kelvey SOMERVILLE. From such circumstance in the case which excited suspicion, the judge of the Insolvent Court thought proper to institute certain inquiries as to the mode in which the decree had been procured and who Somerville was, and the result had been that the case was sent before the Attorney-General, who directed the present prosecution to be brought. The facts appeared to be these:--The prisoner Black was arrested under a decree which appeared to have the genuine signature of the assistant-barrister of the county of Cavan, and also of the clerk of the peace and the attorney, a respectable gentleman who was present, Mr. MAHAFFY. The document, so far, was genuine, but on further investigation it turned out that no such suit as that of William M'Kelvey Somerville against Foster Black had ever been instituted; but a civil bill decree had been obtained by a man named William M'KEOWN for 2l. 4s. 9d., against Foster Black and another person named Anderson, in 1858, which was renewed at the very same date as the decree-which was a renewal decree--under which the prisoner had been arrested.......Mr. ENNIS contended that sufficient ground had been laid in the affidavit for postponing the case. The magistrates, however, held that, even if Campaigne were present and made the affidavit, it would not be sufficient ground to postpone an inquiry which was of a preliminary character.
Witness were then produced to sustain the charge.. [Patrick CAFFREY, deputy clerk of the peace for the county of Cavan; Wm. MAHAFFEY, solicitor; Wm. M'KEOWN, shopkeeper of Kingscourt; John Harvey ADAM,. Esq., magistrate of the county Cavan; Mr. Thomas FARRELL, an officer of the Insolvent Court; George KENT, scrivener's clerk; James DOYLE, a smith by trade; Patrick SMITH, an eating-housekeeper;...]
Mr. Ennis submitted that there was no evidence on which the case should be sent forward.
Their Worships, however, decided upon taking informations, with a view to sending the case for trial.--They issued a warrant for Campaigne's arrest, and remanded the prisoners for a week; but consented to take bail for Finnegan--two sureties for £20 each--in the event his being able to procure them.
CAVAN PETTY SESSIONS--At our Petty Sessions Court on Monday--before T. Thompson, W. Babington, and J. G. Tatlow, Esqrs.,--only two cases came on for hearing. One was a summons brought by a woman named BRADY against a man of the same name, for the trespass of some cattle on her aftergrass, in which the defendant was fined 6d. per head and costs. The other was a case brought by Theophilus Thompson, Esq., J.P., against a man named M'GARAHAN, for causing an obstruction by keeping at the wrong side of the road, and behind his cart, when driving on the public road in the vicinity of Butlersbridge. The defendant, who lives in this town, did not appear; and Mr. Thompson having been examined on oath, the other magistrates considered he had acted very properly in bringing the case before them, as it might help to put an end to annoyances on the road. Defendant was fined 2s. 6d. and costs.--The Court then rose.
REMARKABLE CANARIES--Mr. William ELLIOTT, of Farnham, has at the present time a canary sitting on four eggs, laid ten days ago. We have not heard of an instance of the kind before. What is also very remarkable is that the birds were fed entirely on canary seed. Bird-fanciers, think of that!
December 14, at the Lawn, Belturbet, the wife of Edmond NUGENT, Esq., M.D., of a daughter.
ACCIDENT BY FIREARMS.--Two cases of very severe injuries by the bursting of guns have occurred in this county during the past week, both of which are now in the county infirmary. In one case, that of Bernard SORAHAN, living near Arva, the explosion blew away his thumb and fleshy part of the hand; and in the case of Henry JOHNSTON, living near Killeshandra, the hand and wrist joint were so terribly shattered that amputation was deemed necessary, which was accordingly performed in the infirmary on the morning after the accident. Both men remain in a very precarious state.
December 29, 1860
COUNTY OF CAVAN
DIVISION OF CAVAN
A List of Applications received by the Clerk of the Peace from Persons seeking
For the Sale of BEER, SPIRITS, &c., by Retail....to be heard and enquired into at
On Thursday, the 3rd day of January, 1861
immediately after the Grand Jury shall have been Sworn:--
No. Name Residence Parish Barony 1. CARSON, John Kingscourt Enniskeen Clonkee 2. CLARKE, Patrick Market-square, Bailieborough Bailieborough Do 3. FLOOD, Edward Do. Do. Do. Do. 4. M'KENNA, James Shercock (Town of) Shercock Do 5. SHEILS, John Kingscourt Enniskeen Do. 6. SHEILLS, John Kingscourt Do. Do.
GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan
Cavan, 14th Dec., 1860
COUNTY OF CAVAN
DIVISION OF CAVAN
A List of Applications received by the Clerk of the Peace from Persons seeking
For the Sale of BEER, SPIRITS, &c., by Retail....to be heard and enquired into at
On Monday, the 31ST day of December, 1860
immediately after the Grand Jury shall have been Sworn:--
No. Name Residence Parish Barony 1. ALLEN, William Ure lane, Killeshandra Killeshandra Tullyhunco 2. KIERNAN, James Main-street, Scrabby Scrabby Do. 3. MURRAY, Edward Belturbet 4. M'BRIDE, Patrick Main-street, Cavan 5. M'GINN, Catherine Main-street, Killeshandra Killeshandra Do. 6. M'MAHON, James Butler-street, Belturbet Annagh Lower Loughtee 7. SHANNON, John Main-street, Ballyconnell Tomregan Tullyhaw
GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan
Cavan, 11th Dec., 1860
CAVAN PETTY SESSIONS--MONDAY
Before Theophilus Thompson, Esq., J.P., Chairman; and Wm. Babington, Esq., J.P.
Mary FUNNETT v. John DALY
The summons was for the trespass of defendant on complainant's garden. Defendant had been in complainant's employment, as herd, and received, as part payment, the use of a house and garden. He has been since discharged by her, but has not given up possessions of the house or garden on which the alleged trespass took place.. The defendant alleged that he is willing to do so as soon as complainant pays him some money she owes him.
The Court dismissed the case, informing complainant that they had no jurisdiction in such cases until after the 1st of January,1861, when the extension to the country districts of the act relating to weekly tenants in towns comes into force.
Thomas SHERIDAN was fined 2s. 6d. and costs for the trespass of two heifers and an ass upon the lands of the Lord Bishop of Kilmore.
Acting-Constable DUNNE charged Margaret LYNCH with having been drunk in the streets of Cavan on the 13th instant. He arrested her on that occasion, and brought her before Mr. Babington on the following morning, who allowed her to depart on condition that she would appear before the magistrates at the following Petty Sessions Court--a condition which she did not comply with. As she had been twelve hours in custody on the night of the 15th, not generally disorderly, and promised to keep sober in future, the Court allowed her an opportunity of eating her Christmas dinner in freedom.
The Court then rose.
On the 26th inst., the wife of James WANN, Esq., Ulster Bank, Cavan, of a son.
On the 13th instant, at Lisnabrin, county Cavan, Anne, the beloved wife of John LOVE, to the inexpressible grief of her family, aged 65 years.
On the 21st inst., at the Shelbourn Hotel, Dublin, Wm. JONES, Esq., of Lisgoole, county Fermanagh, aged 46 years.
DEATH FROM EXPOSURE--A HINT TO THE POOR LAW GUARDIANS.--An inquest was held at the workhouse on the 21st instant, by M. B. NIXON, Esq., coroner, on the body of Thomas LUNNY. It appeared that the deceased had been for some nights lying in an out-house covered with straw, and on the 20th he was, at his own request, brought in a cart with straw, to the workhouse. When he was brought in he was icy cold and speechless. Dr. MAHOOD ordered the treatment he thought suitable to the case, but the man soon died. The verdict of the jury was "That deceased Thomas LUNNY, lost his life by exposure to the severity of the weather and for want of a covered car to bring him to the workhouse; and we are of opinion that a proper car on springs should be provided by the union for the conveyance of the sick, poor, and a proper road made to the workhouse." We trust this recommendation will be attended to.....FERMANAGH REPORTER.
CAPEL STREET POLICE OFFICE, DUBLIN
The Attorney-General v. Foster BLACK, Sylvester CAMPAIGNE and Peter FINNEGAN
The defendant in this case were brought up on Friday in custody of Acting Inspectors HUGHES and MAYERS, of the G division, on remand, charged with having forged and fraudulently uttered and caused to have been uttered, a fraudulent decree, by which the prisoner Foster Black caused himself to be arrested. The prisoners were also charged with having conspired to arrest the course of justice.....
Mr. J. FARRELL (Chief Clerk of the Insolvent Court) was examined and proved that several documents had been entered in the offices of the court relative to the alleged arrest of the prisoner Black.
Thomas OWENS deposed that he was a clerk to Mr. HAFFIELD, solicitor, and had given to the prisoner (Campaigne) a blank form of affidavit in the month of Jan., 1860; the sessions were going on at the time in Cavan; and the barrister was very busy; the original decree obtained was produced and handed to witness; this decree had been issued by William M'KEOWN against Foster Black and J. Anderson; the prisoner Campaigne had lodged the original decree with the Clerk of the Peace; witness got the decree out of the Peace Office with the rest of Mr. Haffield's decrees; witness gave it to Campaigne; it further appeared that an affidavit had been sworn, upon which a renewal of the original decree had been granted. the amount of the original decree was 2s. 3d. debt and 2s. 6d costs, making the total amount 4s. 9d on the face of the decree; this sum was alleged to have been altered to £12 4s. 9d on the face of the decree; witness swore that this was a fraudulent alteration, and it was upon the charge of this alleged fraud that the prisoner Black had been arrested.
Mr. CAFFREY, the deputy clerk of the peace for Cavan, deposed that the original decree and renewal had been veritable documents previous to the alteration, and further stated that there was no suit of William M'Kinley Somerville against Foster Black entered for hearing before the assistant barrister........
William Somerville, the alleged plaintiff in the suit on which the prisoner Black had been arrested, was examined, and deposed that Black was his son-in-law; that he had never signed his name to a law paper, or had entered a decree or any other law process against Black in the course of his life......After hearing the case at length, the magistrate decided on sending the case for trial at city sessions. The prisoners were then removed in custody.
CATTLE STEALING AND PROMPT APPREHENSION OF THE DELINQUENTS--DROGHEDA, DEC. 25--On this morning two men, named Patrick and Edward BRADY, sons of a small farmer residing near the town of Athboy, were brought up in custody of the Drogheda Constabulary, before Patrick BYRNE, Esq., Mayor, under the following circumstances:--
It appeared that on Thursday night last two fine bullocks and a heifer were stolen from the farm of a Mr. TUITE, near Athboy. Early on the next morning, when the property was missed, Mr. Tuite lost no time in telegraphing the particulars to the Drogheda police, knowing that the Christmas fair of this town was to be held on that day. Sub-Constable COSTELLO, of the Westgate station, having been furnished with ample particulars, succeeded in finding one of the bullocks in possession of a man named Philip HENRY, who was after purchasing the beast at the fair. Henry fortunately knew the parties from whom he had bought the bullock, and at once named the Bradys, when his informations were taken before the Mayor. On the same night Henry accompanied Sub-Constable Costello on board one of the Drogheda steamers to Liverpool, in search of the parties accused. They learned at an emigration office there that two brothers had already paid their fares for New York, and on further inquiry they found the names to be Brady. Both were subsequently arrested on the quays. Application was made for the passage money paid, which amounted to £6 10s for both, which the manager at the emigration office refused to give up. The prisoners had in their possession the sum of £3 10s. only, having purchased a quantity of clothes for their voyage.
The vessel which they had selected for their embarkation sails from Liverpool to-morrow; and were it not for the prompt attention to duty, and the wary manner in which Costello went to work in the matter, those parties would have succeeded in escaping.....
The second bullock was found with Mr. Patrick FINEGAN, a respectable cattle dealer, who purchased from another party in a second sale. He gave up the beast, so that the two bullocks are at present at livery in this town; and the heifer, which was purchased by a dealer living at Carnaross is also secured. The Mayor having received the necessary information, remanded the prisoners for a future examination.
AWFULLY SUDDEN DEATH--It is with deep regret that we announce the sudden demise of Mr. Benjamin TAYLOR, at his residence, Raheen, near Loughrea. Mr. TAYLOR was at dinner with his family, when, it is said, he was attacked by a apoplexy. Dr. LYNCH was immediately sent for and proceeded to Raheen with the greatest speed, but ere he arrived the vital spark had fled. Mr. Taylor was a useful and practical man, and as a Poor-law Guardian he was the friend of the poor. He was under-agent for the Earl of Clancarty on his lordship's Loughrea property for many years, and not only did he discharge his duty creditably towards his employer, but he was very deservedly esteemed by the tenantry.--WESTERN STAR.
County Cavan Newspaper Transcription Project
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