Cavan Observer
Published in Cavan, county Cavan
February 4, 1860
CAVAN PETTY SESSIONS--MONDAY
Before T. Thompson, Esq., J.P., Chairman; W. Babington, Esq., J.P.; A. Carden, Esq., J.P., W. Smith, Esq., J.P., and W. M. Hickson, Esq., R.M.
James SMITH v. Philip DOWD
This was a claim for 15s., balance of £3 12s. 6d., half a year's wages, from the 14th of May to the 14th of November.
Plaintiff's statement was to the effect that he had agreed to work a year with defendant for £3 12s. 6d....After fully investigating the facts, the Court dismissed the case, and told defendant to give plaintiff 1s. out of the 5s., keeping the remainder in lieu of the four days on which plaintiff had been absent.
Richard TUBMAN v. John TIERNY
This was a charge of having injured a house, the property of complainant....stated that defendant is a tenant of his and occupied a house in Cavan belonging to him; defendant committed the injury by breaking a flue in order to put up a fireplace; the gable of the house had been broken by the mason employed by the defendant in three places; he had also broken another flue...
The Court ruled that they had no jurisdiction, and dismissed the case without prejudice.
Constable William CONN summoned Philip REILLY and Bernard SMITH--the former for allowing two of his porkers to take... excursion upon her Majesty's highway; the latter for permitting a solitary individual of the same interesting species to indulge his (illegible) on the same pig prohibited territory....
MIND YOUR DATES!
Andrew CARDEN, Esq., J.P., summoned Robert WOODS and John TALBOT, for having trespassed upon his lands, on Saturday, the 21st inst.
Patrick COYLE (a servant of Captain Carden's), was examined in support of the charge.
It appeared that the defendants, who are of a sporting turn of mind, took it into their heads to enjoy a day's ferreting and, thinking it unnecessary to request permission, boldly entered the wood in which they set their ferret to work, and had just captured a plump young rabbit, when intelligence was brought of their proceedings to Captain Carden, and they were caught in the fact.
Captain Carden (who was sworn) said he had cautioned one of them previously, and refused him permission to ferret in his grounds, but he was not quite certain as to the other.
TALBOT was questioned by Captain Carden as to what excuse he could offer for the offence, but the questions might as well have been addressed to Lot's wife after her transformation. In vain were all efforts to make him hear--deaf as he was, "and there was no use in laughing at it, because Dr. Carson could certify as much."
Several questions having been put by Captain Carden and the Court relative to the trespass, WOODS acknowledged that Captain Carden had refused him permission to ferret on his grounds, but denied that he had committed any trespass on the 21st of January.
Captain Carden--If you prove that, you'll get off. WOODS said it was on Friday, the 20th, the trespass was committed, and asked TALBOT was it not the case. TALBOT, who was rapidly recovering from his unfortunate affliction, heard this question, and said it was on Friday himself and the "little gin" had enjoyed the day's sport; it could not have been on Saturday, for on that day he was "making a pair for Mr. MERVYN, which he could certify,"....
This was a clincher, and the proof of his correctness elicited considerable merriment in court...
Captain Carden (laughing)--Well, you have escaped this time; but the next time you trespass I shall be more exact as to the date.
SERIOUS ASSAULT
A man named Owen M'KERNAN, a tobacco-spinner, in the employment of Mr. E. KENNEDY, Main-street, was brought up in custody, charged with assaulting a young man whose name we did not hear, on the previous night.
Sub-Inspector NAPIER, stated that there had been a very serious disturbance opposite the Infirmary on the previous night, and M'Kernan had been arrested shortly after the disturbance, and was identified by the person now in court as the man who had assaulted him. He was also charged with having assaulted a nurse belonging to the infirmary. The man who had identified and charged him with having committed the assault, now refused to prosecute him, stating that he could not swear to his identity. The police were often placed in an awkward position by the reluctance of such persons to give evidence.
The Chairman said that it would be a very good plan to summon those parties to give evidence, and if they refused, to give them a cooling for a week or ten days in jail.......
He was questioned by Head-Constable MOORE as to whether he had been speaking to M'KERNAN that day, outside the Court-house. He said he had not--he might have been--he did not recollect--he would not swear he was or was not.
Chairman--I think, sir, it's very little matter what you swear; and I have no hesitation in telling you that I'd place no dependence upon your oath.
After a lengthened cross-examination, the magistrates sent him off the table--seeing that he was unwilling to give evidence...
The Court decided upon hearing the other charge against M'KERNAN--that of assaulting Mrs. FOLLIS, of the infirmary--and sent for her, and the parties who witnessed the assault. The magistrates adjourned until their arrival in court, when Mrs. FOLLIS (who appeared to be suffering under a nervous attack or the effect of the injuries she had received) was asked by the Court if she wished to prosecute M'KERNAN. She expressed great reluctance to take an oath, stating that she had never done so, but the magistrates remonstrated with her on the folly of such an objection, and after some time she gave the following evidence...
On yesterday evening I was in the Infirmary kitchen, when I heard a noise outside the Infirmary; it was about ten minutes to 8 o'clock at the time...on hearing the noise I went out to see what was the matter; there was a number of men on the street directly in front of the Infirmary, but there was no fighting going on; I was coming back to the house when M'KERNAN came up to me, and gave me a kick in the back, and a box in the side of the head; I am quite sure it was he did it....
Miss JOHNSTON, Matron of the Infirmary, was next examined, and deposed [...corroborated Mrs. Follis' testimony]...
Sub-Constable WALLACE said he arrested M'KERNAN opposite the Infirmary....The Chairman, having cautioned M'KERNAN, asked if he wish to make any statement. He said he did not.
The Chairman said that as the magistrates had no opportunity of ascertaining the amount of injury Mrs. FOLLIS had received, or whether her life was in danger, they would remand the case until this day week....Mrs. FOLLIS was then bound over to appear on next court-day, and the prisoner was removed.
The Court then rose.
SHERCOCK PETTY SESSIONS, JAN. 24th
Magistrates present:--John H. Adams, Esq., J.P.; Richard A. Minnett, Esq., J.P.; B. S. Adams, Esq., J.P.
The further hearing of the case in which Joseph CAMPBELL was complainant, and Rev. John PARR, defendant, which was partially heard on this day fortnight, and postponed to await the evidence of Mr. ADAIR, inspector of national schools, was resumed, and lasted upwards of two hours.....
Mr. ADAIR, the Inspector, examined--Knew nothing of any intention on plaintiff;s part of bringing the manager to law until he received a summons to attend; it was not under his advice that Mr. PARR agreed the teacher with a notice to give up the school; Mr. PARR told him that he gave plaintiff a verbal notice to quite the school; but he (Mr. ADAIR) told him it was not sufficient; met several gentlemen who called themselves a committee; did not know previously that any committee existed in reference to the school in question; this occurred about the 12th of August last; ...he does not interfere much in the management of schools.... thinks Mr. Parr is accountable for anything that takes place in reference to the school.
This having closed the direct evidence, each of the individuals interested in the case commenced to make some statements in support of the view of the case. Mr. Parr still persisted that he was not plaintiff's pay master, and the latter distinctly asserted the contrary, and also that Mr. Adair told him that "only for Mr. Parr's interference he'd have been "classified" after his examination on the 2nd of August last..."....
After a few minutes' consultation the Bench were unanimously of opinion, and decreed accordingly, that the Rev. Mr. Parr pay complainant the sum of 7l. 10 s. and costs.
The rev. gentleman gave instant notice of appeal. He'd refer the matter to the next Castleblaney Quarter Sessions.
There were some other cases, but none possessing much interest.
MARRIAGES
February 2, in Arvagh Church, by the Rev. P.H. SCHOALES, Thomas William SPROULE, Esq., second son of Surgeon SPROULE, to Anne, only daughter of Thos. BOYD, Esq., both of Arvagh.
January 5th in Saint Louis, U.S., John WANN, Esq., eldest son of Thomas WANN, Esq., Belfast, to Bertha, youngest daughter of N. B. STETINIUS, Esq.
January 26, at Malone Church, County Antrim, by the Rev. M. M'ILWAINE, E. J. HARLAND, Esq., to Rosa Matilda, eldest daughter of Thomas WANN, Esq., of the Belfast Bank.
February 11, 1860
CAVAN PETTY SESSIONS--MONDAY
Magistrates present:--Theophilus Thompson, Esq., Chairman; William Babington, Nathaniel Montgomery, Andrew Carden, and Robt. Erskine, Esqrs.
Sub-Constable William HENRY, of Stradone, summoned Patt KELAGHER, for having allowed two of his "bonnives" to assume the duties of road surveyors. Neither Patt or the porkers made an appearance, and the former was fined 1s., and costs.
Constable M'CARTHY summoned Peter REILLY for permitting three of his pigs to test their pedestrian powers in the streets of Stradone. Defendant did not appear, and for the unlawful peregrinations of the porcine trio he was doomed by a penalty of 1s and costs.
Owen M'KERNAN (remanded from previous court day) was again brought up, charged with the assault on Mrs. Anne FOLLIS, of the Infirmary, the particulars of which appeared in our last publications.
The Chairman read to Mrs. FOLLIS the informations sworn by her on last court day, and asked if she wished to make any further statement. She said that she did not, and in reply to Mr. Armstrong, stated that she was still quite certain the prisoner is the person who assaulted her; is certain he appeared excited when he did so; is entirely recovered from the effects of the assault...
Mr. Armstrong said that though he appeared for the prisoner, he did not mean to offer any defence, for, unfortunately, his client had been so drunk at the time that he did not recollect what he had done....
Th Magistrates having consulted, the Chairman, addressing the prisoner, said--Well, sir, the magistrates have heard the case against you, and also what has been said in your favour, and they don't see any extenuating circumstance whatever in your conduct....We shall, therefore, inflict the full penalty allowed by the law--namely, two months' imprisonment.
At a subsequent stage of the proceedings, Mr. Armstrong informed the Court that he intended to appeal against the sentence, and requested the Court to make some alterations to the order. The Court refused to change their order. Some discussion ensued between the Court, Mr. Armstrong, and Mr. Kennedy, respecting the sentence passed on the prisoner--Mr. Kennedy stating that one of his reasons for the appeal was, that he did not wish to see the prisoner's wife and child starving for two months. Finally the necessary arrangements were entered into for lodging the appeal, which will be heard at next Quarter Sessions.
Patrick DOHERTY summoned Thomas GALLIGAN for having unlawfully left his employment. It appeared from complainant's statement that he hired Tom on the 12th of November, and he was to continue in his employment until the 14th of May, for which he was to receive £3 5s. Tom was not near so good a boy as his amiable namesake, the young gentleman whose virtues and prosperity are so feelingly recorded in the "Universal Spelling Book;"...
Tom--a little weazon-faced old man, who seems to have, amongst his other peculiarities, a partiality for keeping his "potato trap" in a strictly circular form--denied that he ever "aggravated" complainant, who "never heard an immodest word out of his month."......
The Court recommended Tom to return to his work, which he said he was willing to do. Complainant, after some hesitation, and sundry reflections upon Tom's character, consented to this arrangement.....The Court however, gave a decree for only 6s. and costs.
Doherty called upon the Court to compel Tom to accept £1 more, to which he was entitled. Tom refused to do so, stating that he had received the cock of hay in lieu of the £1. The Court refused to interfere, as the cock of hay was not before them; and DOHERTY deposited the £1 on the table, as a "legal tender" to Tom, who refused to accept it, and made a triumphant exit from the court.
Miss M'CANN, whose pugilistic prowess in the Board-room of the Workhouse were recorded last week, was brought up in custody, charged with the assault she had then committed on Catherine BRADY, who had, by directions of the Board sworn informations against her.
Miss BRADY--whose "toplight" bore brilliant testimony to Miss M'CANN's artistic ability as a "bruiser"--was sworn, and her informations having been read over to her, she said they were true. The Porter of the Workhouse was in attendance, and in reply to the Chairman, said he had witnessed the assault.
Chairman (laughing)--So did I.
Miss M'CANN made no defence and was sentenced to be imprisoned for one month.
RAPE
A man named Francis SEXTON, from the neighbourhood of Stradone, was charged with having committed a criminal assault upon Rose LEE. The accused is a man about 65 or 70 years old, and is married to the girl's aunt. The girl, who had sworn informations before R. BURROWES, Esq., J.P., D.L., did not appear--having, it was said, gone to America.
The wife of accused and her sister were examined, but denied all knowledge of the girl's whereabouts. Constable M'CARTHY said he considered she could be found if a warrant were issued.
The Court Decided upon issuing a warrant for her apprehension.
Accused was bound over to appear from sessions to sessions.
CAUTION TO SEWERS
Mr. James BURKE appeared to prosecute a girl named SMITH for unlawfully detaining a piece of muslin taken out by her to be worked, beyond the period agreed upon by her with complainant. He had given out the piece of muslin to her on the 21st of January, and it was since returned to him with the pattern almost obliterated, and the muslin dirtied and torn. She had also embezzled the thread given to her with it, for the purpose of working on it....
The girl did not appear, but her father said she would do the work if she got time.
Mr. BURKE said he had given sufficient time, and the muslin was not unfit to work.....After fully investigating the case, the Court ruled that the defendant be fine 15s or one month's imprisonment, the expense of the prosecution and the loss sustained by the prosecutor to be deducted from this.
The Clerk said there would be no use in making the order, as the girl was a minor and had no goods or chattels of her own. He also considered that the fine could not be disposed of in the manner awarded by the Court, as the Petty Sessions Act overruled the Act relied upon by the prosecutor, and only awarded one-third the fine to prosecutor.
Their Worships stated that if the girl's father did not pay the fine, she should go to jail; and after some discussion regarding the disposal of the fine, the order was entered as above.
Mr. BURKE had a similar complaint against a girl named Rose REILLY of Kilduff; but it appearing from the testimony of the summons-server, CORCORAN, that the girl was at present in Newbliss, and had been so when he served the summons at the house of her mother, in Kilduff, the case was dismissed in consequence of insufficient service of summons.
THE TOWNS' IMPROVEMENT ACT
Mr. Charles QUEA'E (sic) summoned Mr. J. J. MERVYN for allowing a quantity of manure near his house, so as to create a nuisance. The case was not gone into, as the Magistrates were divided in opinion as to whether they could deal in Petty Sessions with such cases, the complaint been brought under the Towns' Improvement (Ireland) Act, and after some discussion, the Clerk was directed to submit the question to the Law Adviser of the Castle--the case standing adjourned until next court-day.
Robert PERRY v. John ARMSTRONG
This was a civil bill process for £1 19s. 11d., balance of £2 14s., for flour sold and delivered to the defendant by Mr. PERRY, of Clara Mills. Mr. GREY, agent to Mr. PERRY, appeared for the plaintiff.
ARMSTRONG said the whole sum was due--that he had none of it.
Mr. Babington--He goes as near as he can to the sum he can recover in this court.
Mr. GREY said he was willing to lose the remainder as he had been too often disappointed by obtaining payment from defendant.
ARMSTRONG said all he wanted was a little time to pay it.
The Court gave a decree for the sum claimed, and told Mr. Grey that he could not again come into Court to claim the remainder.
Mr. Grey said he did not mean to do so.
There were a few cases postponed, by consent, in consequence of the absence of witnesses, &c. The Court then rose.
MARRIAGES
February 2, in Arvagh church, by the Rev. P. H. SCHOALES, Thomas William SPROULE, Esq., second son of Surgeon SPROULE, to Anne, only daughter of Thomas BOYD, Esq.; both of Arvagh.
February 7, at St. Catherine's Church by the Rev. James QUINTIN, Peter F. BROWNRIGG, of Liverpool, to Jane Elizabeth, second daughter of the late William DUFF, Esq., formerly of Mount Caulfield, County Armagh.
Feb. 7, at St. Thomas's, Dublin, by the Rev. R. FRIZELLE, William W., third son of the late William Walshe M'NEILL, Larne, to Martha, only daughter of the late Robert NEILL, Cuirncastle, Co. Armagh.
DIED
Feb. 2, in Clare-street, Dublin, at the early age of 18, and to the inexpressible grief of her bereaved parents and family, Augusta Louisa Elizabeth, the beloved and eldest child of J. A. BROWNE, Esq., Browne Hall, county Mayo.
Mr. O"REILLY DEASE--We are happy to state that this gentleman has completely recovered from the effects of the severe accident which befell him on board the Prince Albert steamer.
THE CHURCH
APPOINTMENTS--Diocese of Armagh--Rev. Jonathan R. CHOMLEY, to the probend and rectory of Longhall; patron, his Grace the Lord Primete.
Diocese of Dromore--Rev. Robert HANNAY, A.B., to the curacy of Moira; patron, the Rector. Rev. George B. SAYERS, A.B., to the curacy of Donaghmore; patron the Rector. Rev. Samuel BLACK, to the curacy of Dromara; patron, the Rector.
Diocese of Dublin--Rev. L. REICHARDT to the curacy of St. Paul's; patron, the Rector. Rev. E. A. CARROLL, to the assistant-curacy of Rathmines; patron, the Archdeacon.--Rev. G. V. PATON, to the curacy of St. Peter's; patron, the Archdeacon. Rev. W. C. GREENE, to the propend of St. Michaels; patron, the Dean and Chapter of Christ Church. Rev. J. HARDMAN, to the curacy of St. James; patron, the Rector. Rev. R. FLEMYNG (sic) to the curacy of St. Michael's; patron, the Incumbent. Rev. H. HARE, to the curacy of St. Andrew's; patron, the Incumbent. Rev. T. MILLS, to the incumbency of St. Jude's; patron, the Rector of St. James's.
Diocese of Kilmore--Rev. J. RADCLIFFE, A.M., to the Incumbency of Innismagrath; patron, the Bishop. Rev. H. PERCEVAL, A.B., to the incumbency of Killargue; patron, the Bishop. Rev. H. O'BRIEN, A.M., to the incumbency of Denn; patron, the Bishop.
Resignations.--Diocese of Armagh--Rev. Jonathan R. CHOMLEY, perpetual curacy of Lisnadill; patron, the Rector.
DEATH BY STARVATION--On Friday last, Arthur R. KAYE, Esq., held an inquest on the body of a woman named Bridget M'Namara, who was found dead, on the day previous, on the road leading from Keady to the mountain, in the county Armagh. Deceased was a married woman, about thirty-two yeas of age, and lived with her husband, a plasterer, in the town of Keady. Owing to the long-continued frost and general severity of the weather, preventing the man from being employed, they had been reduced to a state of extreme want, passing a whole day at a time without any food except what the charity of the lodging-housekeeper bestowed. On the morning of the day on which deceased met her untimely end, she had left home to try and get a few potatoes, taking her son with her, and neither having had a morsel to eat before they went out. When they had gone as far as the townland of Crossdanad the cries of the boy attracted the attention of a man who was beetling flax some fields off, and he went immediately to the place, where two other men soon arrived also. The men lost no time in examining the poor woman, who was then dead, and had her removed to a neighbouring house, where every means that could be devised, in the absence of medical aid, were adopted to restore animation, but without effect. Dr. DOBBINS was also sent for, but before he arrived the poor creature was beyond medical influence. From the examination he made, and the evidence adduced, it was the doctor's opinion that the woman died from pure want, hastened by exposure to cold. The jury returned a verdict in accordance with the medical opinion.
FATAL ACCIDENT--On Monday a man named Bernard RORKE, a farmer, met with an accident at Keady, county Armagh, which terminated fatally on Friday last, after considerable suffering. Deceased lived at Crossnamoil, in the parish of Derrynoose, and had gone to Keady on the day of the accident, to market, taking a horse and cart with him, which belonged to a neighbour named TATE. About six o'clock in the evening deceased and his wife and TATE left Keady to return home, having got into the cart. When they had gone a short distance from the town, deceased said he wished to get out of the cart, and when so doing he fell on the ground, but was immediately lifted into the cart and conveyed home, without appearing to have received any injury from the fall. As soon as he reached home he was set down at the fire, and took a smoke of tobacco, but soon fell asleep and was removed to bed in that state, sleeping heavily all night. Next morning he could neither speak nor open his eyes, and was unconscious, and died soon after. On Friday an inquest was held on the body by Arthur R. KAYE, Esq., coroner at which Dr. DOBBIN deposed to having examined deceased and believed his death to have resulted from the effusion of blood pressing on the brain.
DREADFUL MURDER IN MAYO
A most diabolical murder was committed on last Wednesday night week. Alexander HARRISON, ploughman to Lord Plunket, had been escorting his brother-in-law, Mr. BLACKBURNE, part of the way to Port Royal, where the latter resides, and as he was returning and had got near his own house, an assassin fired at him, and shot him dead. This is one of the wanton and cool-blooded murders which has ever disgraced the west of Ireland. HARRISON was in no way connected with the legal proceedings at Tourmakeady. He was neither bailiff or driver, merely a ploughman.
February 18, 1860
OUTRAGE--CO. WESTMEATH
ATHLONE, SATURDAY--An outrage of a most audacious nature was yesterday committed on the property of Mr. George ALLEN, at Drumrainey in this county. In the middle of the noonday a party of about twenty persons went on the lands, and with picks, crowbars, and shovels unroofed and demolished the house and offices of the herd. Mr. ALLEN, about twelve months since, purchased this farm, a portion of which was in possession of a tenant named LENNON, who has been lately ejected therefrom. Intimation of the outrage was at once communicated to the police, but before their arrival the work of demolition had been accomplished. Drumrainey has for many years been noted as the most lawless parish of the county.
KING'S COUNTY
THE LATE BRUTAL MURDER AT TULLAMORE.--CORONER'S INQUEST--Friday afternoon the inquest on the body of Mr. W. HEWISTON, which was held in the grand jury room, court house, Tullamore, terminated in a verdict of wilful murder against a young man, named John WALSH, in custody aged about eighteen years, and who was apprehended immediately after the attack. The result of the inquest, which was resumed, pursuant to adjournment, by George HEENAN, Esq., coroner, was looked forward to with much interest.
The following magistrates assisted the coroner, viz.:--T. Acres PIERCE, Dawson FRENCH, and John WILCOCKS, R.M., Esqrs. Mr. JULIAN, the Crown Solicitor, attended on behalf of the Crown, and the County Inspector and Sub-inspector of Constabulary were also present.
Mrs. Maria WARD, a widow, residing in Upper Barrack street in the town of Tullamore, proved that a few minutes after eleven o'clock on the night of the 28th ult., when at her own door, she saw a man pulling another; the man who was being pulled was knocked down by the man she had seen pulling him; saw and heard the man who so pulling him inflicting several blows, but what the blows were given with she was unable to say; she called to a man named QUIGLEY, who lived opposite, for assistance, but he said "it would be a queer place to go as the man was robbed;" she saw only one man beating the deceased....
James BURKE proved that when he went up he saw a man run away in the direction of the canal, and in less than a minute the police returned with John WALSH, a prisoner.
Two persons, named L. QUIGLEY and T. GROGAN, were examined, but their evidence was not of any importance.
Sub-Constable BROWNE deposed that on the night the deceased was beaten he was on duty with others of the police, when he heard a call for "Police;" they were then near the Convent at the Canal, and they ran back to the Clara Bridge; he saw the prisoner going closely along a wall; he arrested the prisoner WALSH, who said he was looking for his ass;....
Constable LEESON was then sworn, and produced the prisoner's jacket and trowsers, which had blood stains thereon; and also corroborated the evidence of Sub-Constable BROWNE....
The examination of witnesses having concluded, the Coroner summed up the evidence, and the jury found a verdict of "wilful murder" against John WALSH, who was then fully committed on the Coroner's warrant for trial at the approaching assizes.
The Jury attached a "rider" to their verdict, commending Mrs. WARD for her praiseworthy conduct in endeavouring to obtain assistance for deceased when he was attacked.
Three other persons who were apprehended on suspicion of being concerned in the murder have been discharged from custody.
CAVAN PETTY SESSIONS--MONDAY
Magistrates present:--Theophilus Thompson, Chairman; William Babington, Andrew Carden, and William Smith, Esqrs.
THE BOWLD SOJER BOY
Patrick FITZPATRICK, an embryo warrior, aged sixteen years and eight months, and standing five feet two in his stocking vamps, was enrolled as a volunteer to the gallant 101st Cavan Regiment of Militia, after having given a brief sketch of his biography up to the period when his passion for military glory overcame his partiality for the pastoral pursuits in which he had been previously engaged....He then marched out of court accompanied by his military foster-father.--May Mars protect him!
HANGING THE TRADE
Patrick REILLY summoned John GALLIGAN for having unlawfully left his employment on the 14th of January last. This case was postponed from the previous court day....Complainant's account of his grievance was to the effect that he is a shoemaker by trade, and rents a house from defendant's father; on the 18th of November, 1858, defendant and his father entered into an agreement with him to the effect that defendant was to be apprenticed to him, in order to learn the intricate artistic mysteries of the noble and useful science patronized and practised by the illustrious Saint Crispin--the apprenticeship to terminate on the 18th of November, in the year of grace 1860. As a fee for imparting his professional knowledge...he was to receive from defendant's father the sum of £4, and he was to provide defendant with food, &c. Defendant's father gave the £2, but did not get the indenture of "bailsmen,"........The defence was the indenture had never been signed, in consequence of complainant's own fault...The Court ruled that they had no jurisdiction in the matter, and dismissed the summons.
WAGES AND COMPENSATION
Francis SMITH summoned Patrick BRADY, of Annageliffe, for 19s, balance of wages.
Mr. TULLY appeared for the complainant. He said his client had agreed to serve defendant for a certain time, and was sent by him to raise sand out of a pit. The bank had fallen in upon him on the last occasion he was there, and the consequence was that his thigh-bone was broken. .
BRADY's defence was that it was through his own carelessness SMITH met with the accident; he might have gone to any part of the pit he pleased, but he chose the spot where the bank fell because it was most convenient......
Chairman--If you had a particle of conscience, sir, you would not have come into court to oppose the claim made by this poor boy, who broke his leg in your service, even if he had no legal claim upon you....
Their Worships having consulted, the Chairman said they were of opinion that the accident had not been caused by the carelessness of the plaintiff, and would give a decree for the sum claimed, with the costs. Defendant might appeal if he wished.
Defendant said he would do so. SMITH said he did not know what to do until the appeal was decided, as he was unable to work had no means of subsistence, and would not be kept any longer in the Infirmary.
The Chairman said that under these circumstances, he would be admitted to the Workhouse. IF BRADY did not lodge the appeal within three days, the decree would be issued.
INTERFERING WITH THE PUBLIC ROAD
Owen HIGGINS and another man were summoned for having dug away the side of the public road at Corweelis, without the sanction of the County Surveyor.
The defendants stated that they were not aware they were committing a breach of the law, and had only dug a little water-course by the side of their land, for the purpose of preventing the ravages of stray porkers, and had left the road in its original state on ascertaining that they had acted illegally.....The Court ordered them to pay the costs, and told them they had left themselves liable to a penalty of £20.
Constable HEUSTON charged Stephen GAFFNEY and Francis GAFFNEY with having been drunk in the streets of Ballyhaise. The former was very violent and had to be carried to the barracks. Fine 2s. 6d. each and costs.
Mr. George RAY summoned several parties for non-payment of poor-rates and income-tax. Decrees for the sums claimed were ordered.
BROTHER JONATHEN IN DIFFICULTIES
An individual rejoicing in the cognomen of James JOHNSTON was brought up in custody by Constable M'CARTHY, of the Stradone station, charged with begging on the public road.
JOHNSTON is a strongly-built customer, whose locks are beginning to assume the "sable silvered" appearance which those of "Hamlet's post mortem"....After a lengthy discussion, and a reference to the customs regulations bearing upon the class of craft termed "vagrants," he was allowed to leave this port receiving a caution that it would be advisable to make all sail as quickly as possible, and that if he is ever found on this coast again, he will be put in quarantine for repairs in the Graving Dock in Farnham-street, where oakum and a rotary engine will be provided for his accommodation. Mr. JOHNSTON ported his helm, thanked their Worships, and steered out of court.
The remaining cases were few, and possessed little interest.
SHERCOCK PETTY SESSIONS-FEB. 9, 1860
Before B. S. Adams, Esq., J.P., and James H. Adams, Esq. J.P.
John PRIOR summoned John DERMOTT for preventing him to take a stack of straw which he bought and paid for. It was his son-in-law bought the straw from DERMOTT, but he afterwards sold it to him, as he did not want it himself. There were paid this sum to his son-in-law, who paid for the straw to DERMOTT. He knew well what prevented DERMOTT to let him bring the straw; it was bought in October last, and would sell now for double the sum that was paid for it. If he could have a "rue bargain," he would gain a good deal by it, and that was all he wanted.
Michael M'ENERRY, the son-in-law, was sworn, and deposed to the evidence given by his father-in-law, the complainant.
DERMOTT said it was to M'ENERRY he sold the straw, and he would let nobody else take it when he did not want it himself; he would not let the like of PRIOR about his house....
The Court decreed that DERMOTT should either allow the straw to be taken away or pay to complainant the sum of 2l. 10s. and costs.
James TRAYNOR and Patrick CALAGHAN summoned certain individuals named M'CAHILL, for annoyance given them in the discharge of their duties as executors to a will made by defendant's brother, now about a month deceased.
Mr. SWANZY appeared for the defendants, and said he was prepared to show that complainants had no cause of action; the case was one of possession of title, and he argued that it could not be adjudicated upon this court. The defendant principally concerned in this action was brother to the deceased; he had been sent for some months previous to his decease, and remained in possession up to the present; but a few days ago complainants had come and forcibly ejected defendant from the house in the night time.
Complainant here stated that owing to the non-attendance of Mr. MAHAFFY, who could not come to-day, they were not prepared to go on with the case, and requested a postponement till next court day......The case was accordingly postpone till next court day.
Margaret REILLY summoned Owen FARRELLY for forcibly expelling her from his service without cause. She said she hired with him and minded her business well, but he dragged her out in the snow a few days since and forced her to go from the place; he did so because she refused to go to the county Monaghan to his brother-in-law's place; she could not serve them both in this way.
FARRELLY said he hired her to serve between himself and his brother-in-law, but because the latter sent her to dig potatoe ground she would not go back again, and he had to put her away.
Mr. Adams said she could not serve two masters, and ordered FARRELLY to take her back, or he'd decree for her wages. She must be paid her law costs.
Margaret COONEY summoned Philip and Mary REILLY for an assault. She said her mother-in-law took a house from the defendants, and that they were to be allowed to cut sods on a bog bank belonging to them; they paid the rent for the house, and she and her family lived with her mother-in-law; a few days since one of her children were taking a few sods as usual, but when near the house the child (a little girl) was met by defendant's wife, who began to "scold and barge" at her, and called offensive names;...The mother-in-law corroborated the above testimony. The little girl who was carrying the sods was also sworn, and proved the leading parts of the evidence already given.
REILLY denied having so misbehaved himself; he did not strike the fair complainant at all; it was to her mother-in-law he let the house.... Finally, P. REILLY was fined 10s. or to be imprisoned for 14 days. He chose the latter alternative, and was accordingly taken into custody.
Andrew MARTIN summoned Patrick REILLY for an old creel. He lost it some time ago and never could find where it was until a few days since.
REILLY said he got the old creel in one of his fields, and inquired for the owner, but could find non. He kept the creel himself after acquainting all the neighbours and finding no one to claim it. He also got it bottomed.
After some argument it was decided that MARTIN should get the creel, but he must settle with the person who bottomed it first.
The remaining cases were few, and possessed little public interest.
February 25, 1860
CAVAN PETTY SESSIONS--MONDAY
Magistrates present:--Theophilus Thompson, Esq., Chairman; William Babington, Nathaniel Montgomery, Andrew Carden, and Robt. Erskine, Esquires.
TAKING A DROP
Constable CONN summoned Margaret LYNCH (one of the "unfortunates") for having been drunk in the streets of Cavan. He had allowed another girl to bring her home at the time, but afterwards served a summons at her "residence."
Miss LYNCH said she had not been very drunk--not much out of the way--and was shocked at the ungentlemanly conduct of "Misther Conn," who had not given her the slightest intimation of his intention to expose her little frailty. The Chairman said there was no use in being lenient with her, as she was in the habit of getting drunk whenever she could. She should pay 3s. as fine, with 2s. costs, or be imprisoned for forty-eight hours.
Miss LYNCH, who appeared to think that the Court might have drawn it a little milder, examined her "portmonie," discovered that it contained but 3s. 6d., and requested the Court to allow her time to pay the difference between the sum she possessed and the penalty imposed. The Chairman said the act of Parliament allowed no "tick" but suggested that Constable CONN might act like a brick by standing the deficient bob and tanner.
With an almost preternaturally wise-looking shake of the head, and a do-you-see-anything-green-about-me twinkle of the eye, Constable CONN declined to constitute himself a brick, and Miss L. was sent to the reserved seats, where a female friend shortly afterwards raised the wind, and obviated the necessity of a sojourn to the "jug."
Constable M'ANAY summoned Hugh REILLY, of Breandrum, for having been drunk in the streets of this town.
Mr. REILLY said the charge contained an irrefutable fact. He had been decidedly drunk--no "half gone," "purty well," "corned," "gay," "half seas over," or even "three sheets in the wind"--but unmistakeable drunk in the literal sense of the term--in fact, he had been "drunk as a lord," or like Davy Devine, "as drunk as a swine.".....The devotee of Breandrum hoped their Worships would not deal too severely with his libations to the jolly god. The Court, taking the defence into account, and the fact that he had not been captured by the non-believers previously, fined him only 6d. and costs. Having paid the penalty, he was allowed to return to the sylvan groves of Breandrum.
DOGGED BEHAVIOUR.
Sub-Constable WALLACE summoned James CARTWRIGHT and Thomas BULLOCK for having their dogs unlogged and unmuzzled. The dogs were fighting at Barrack-hill when he saw them.
CARTWRIGHT said he was going up Barrack-hill accompanied by his dog, who happened, accidentally, to be unlogged, when he (the dog) was violently assaulted, and was merely defending himself when the constable came up. The defendant with the bovine appellation said that his dog--a diminutive terrier--had not been one of the combatants. He had been philosophically indulging in a brown study at the fire when his reverie was disturbed by the sounds of canine contention...Mr. BULLOCK concluded by saying that though he was certain he should "never look upon his like again," he was willing, if the Court demanded the sacrifice, to banish this "paragon of animals" from his abode. CARTWRIGHT also said he was willing to exile his "poor dog Tray."
The Court consented to this arrangement, and ordered the defendants to pay the costs.
WANTON ASSAULT
John BRIERY summoned Owen GALLIGAN for having assaulted him in this town, on last fair day.--Defendant did not appear.
Complainant deposed that he was standing with his daughter and two sons in the Main-street on the fair day, preparing to return home; defendant and his master were at the opposite side of the street; defendant appeared to be under the influence of drink, and commenced calling complainant out of his name, and threatening to strike him; complainant called to GALLIGAN's master, saying "keep him away from me, for Heaven's sake. ......" GALLIGAN's master was nearly as bad as himself, and GALLIGAN broke loose from him, and ran towards complainant, brandishing a stick; the master followed, brought him back to the horse and car, and endeavoured to induce him to go home; it caught the horse by the jaw, and walked a few steps with it, but again broke loose, followed complainant and struck him on the head and shoulder with a stick;....
Chairman--It was a most wanton assault. Did you know him before?
Complainant--Know him! Didn't I know him since he was seven years old? Often himself and his mother were on my floor. He added that he had had no previous quarrel with GALLIGAN, who is a notoriously quarrelsome individual, and had got his son fined unjustly at the Kilnaleck Petty Sessions....Constable M'CARTHY said he knew complainant to be a very respectable man.
The Chairman said the magistrates had decided upon sentencing GALLIGAN to a month's imprisonment, and would order a warrant to be issued for his arrest.
Complainant said he had hear Galligan had left the country...
SHOPLIFTING
An elderly woman, named Anne LYNCH, was brought up in custody, charged with stealing a piece of plaid, the property of Mr. James HOPKINS, draper, of this town. Mr. HOPKINS's informations were read to him as follows:--The woman in custody came into my shop on the 14th instant; the piece of plaid was on the counter, with other goods; I was in the act of removing some goods; when I turned round I missed the plaid; the woman in custody had gone to another part of the shop; I went over, and found the piece of plaid in her possession; I then gave her in charge of Constable MAGUIRE.....The prisoner (who was only about two hours out of gaol when she committed the robbery) was cautioned in the usual manner, and asked if she wished to make any statement.
She said she "didn't mind a hate" about the transaction. She did not recollect even going into Mr. HOPKINS shop. She had been drunk at the time...Constable MAGUIRE said he did not consider the prisoner drunk when he arrested her. She staggered immediately on being captured, and assumed a drunken appearance....
The Chairman said she was an old offender.....the sentence of the Court was that she be now imprisoned for six months.
WAYLAY AND ASSAULT
A very aggravated case of waylay and assault was brought up by Constable M'CARTHY, of Stradone. The parties charged with the offence--namely, Mathew COBY, James SMITH, and _____CANION, did not appear.
BRADY, the man who had been attacked, had his head bandaged and ornamented with transverse strips of sticking plaster. The statement which he had made to Constable M'CARTHY, a day or two after the assault, was to the effect, that having refused one of the parties (CANION) the loan of a shilling when drinking in a public house in Stradone, he threatened him, saying "You'll catch it for this before you reach home." The threat was not an idle one, for on his way home, in company with his brother he was attacked by CANION, COBY, and SMITH, and beaten in a most horrible and brutal manner with sticks...
On the oath being tendered to him, BRADY at first refused to take it saying he forgave his assailants. The Court, however, informed him that he would not be allowed to do so, as such barbarous outrages were contrary to the peace of the country. He should either give evidence against the parties or go to gaol. BRADY said that it was very hard to compel him to prosecute....For upwards of half an hour both these fellows endeavoured to avoid direct answering to the questions put to them, declaring that they could not swear to the persons who had committed the assault.
Constable M'CARTHY, however, stated that the man who had been assaulted was quite positive as to those who had attacked him......
At the conclusion of the case, the Chairman said that notwithstanding the discretable manner in which BRADY and his brother had given their testimony, the Magistrates were happy to say that sufficient had been elicited from to serve the ends of justice, independent of the two witnesses who had given their evidence fairly. They would, therefore, sentence COBY, SMITH and CANION each to two months imprisonment, with hard labour.
The Court then rose.
DIED
February 18, at Stephen street, Sligo, of inflammation, Robert HENRY, son of the Rev. W. LINDSAY, aged 14 months.
MELANCHOLY ACCIDENT ON THE DUNDALK AND ENNISKILLEN RAILWAY--It is with much regret that we have to announce the death of Mr. James CARBERRY, a respectable inhabitant of Castleblayney, who was accidentally killed on Wednesday evening last, by falling out of the carriage in which he was travelling whilst the train was proceeding from Inniskeen to Ballibay. It appears that the deceased was returning from Dublin, and was proceeding to his home, and when a little beyond Inniskeen he felt a little unwell, and asked his fellow passengers had they any objection to his opening the window to let in some fresh air, and on receiving a reply in the affirmative, he proceeded to the strap, when the door suddenly flew open, and the unfortunate deceased fell out. The passengers, who were horrified at what they witnessed, gave the alarm, but the train, which was proceeding at full speed at the time, could not be pulled up until it had gone a considerable distance forward. When the train was backed to where the accident occurred, Mr. CARBERRY was found partly across one of the rails, fearfully lacerated, but not dead. He was immediately taken into a carriage with the utmost care, and conveyed to his brother's house in Castleblayney, still alive, but death relieved him from his sufferings the same evening..... Mr. CARBERRY's death is very much lamented, and very strong language has been used by the people on the neglect of the officials, who, it said, did not shut the door. On Thursday the inquest was held. Thomas M'MAHON, of Lurgonmore, Castleblayney, who was in the carriage with deceased, proved, what we have stated, and he was corroborated by Mr. John BRANAGAN....The jury after a patient investigation, returned a verdict of manslaughter against the servants of the company for neglecting to bolt the carriage door at Dundalk.--Newry Examiner."
County Cavan Newspaper Transcription Project
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