Cavan Observer
Published in Cavan, county Cavan
December 7, 1861

COURT OF BANKRUPTCY AND INSOLVENCY

IN BANKRUPTCY

COUNTY OF MEATH -- NAVAN

In the Matter of ADAM HAMILTON, of Navan, A Bankrupt.

TO BE SOLD BY AUCTION, on FRIDAY, the 20th day of December 1861, at the said Court, Inns-quay, in the city of Dublin, at the hour of One o'clock in the afternoon...

Lot No. 1--All that dwelling house and premises in the town of Navan and county of Meath formerly in the possession of Michael BROWNE, and now held by Mr. John DONNELLY....

Lot No. 2--All that part of the lands of Castleboy, lately in the possession of said Adam HAMILTON, bounded on the north, partly by the Glebe land also in possession of said Adam HAMILTON, and partly by the estate of John Joseph PRESTON, Esq....

Lot No. 3--All those ten shares, of the value of £10 each, in the capital of the Navan Gas Company.....

Dated this 26th day of November, 1861 CHEYNE BRADY, Chief Registrar

Note--The premises Lot No. 2 being now the estate of the Earl RUSSELL, the purchaser will be declared subject to approval by Mr. JOLY, the Agent of the Earl...


DIED

On the 30th Nov., at Dundalk House, Dundalk, Dora, the beloved wife of the Hon. S. R. MAXWELL.


IRISH RIFLE VOLUNTEERS--William JOHNSTON, Esq., Ballykilbeg House, has sent in his resignation, as a member of the council of Irish Rifle Volunteers to William RICHARDSON, Esq., hon. secretary. Mr. JOHNSTON has taken this step in consequence of the attacks that have been made upon the Orange body; and the expression of sentiments for which he did not desire in any way to be held accountable--Downshire Protestant.

Arthur Loftus TOTTENHAM, Esq., of Glenfarne Hall, Enniskillen, has been appointed to the Commission of the Peace for the County of Fermanagh.


DESPERATE FREAK OF A LUNATIC

On the evening of Thursday inst., a person named William MURPHY, who had been lately in the Omagh Asylum, and was taken out, was brought to Constable DUFFY, of the West barrack of this town, as a dangerous lunatic. There were no informations, consequently the constable could not detain him, and his friends brought him to a house in Head street. About four a.m. next morning, MURPHY expressed a wish to go out for a walk, and was permitted to go accompanied by two persons. At the further end of Henry street he rushed down off the road ad plunged into the lake. One of the men who was with him ran shouting to the barrack, and Constable DUFFY turned out the men at once. Two of them WHELAN and MULLIN, leaped over the wall at the bridge in a very dangerous spot, and sought to catch the maniac as he went past. They hurt themselves, but failed, as MURPHY rolled away from them, grinning at them. The constable then ordered out a boa with Thomas M'LAUGHLIN and S. C. CHURCH, and they succeeded in picking up the drowning man about half a mile below the bridge. When picked up he was insensible, and Mr. DUFFY spent about two hours employing the means recommended by the Humane Society before he was completely restored. There is no doubt that the life of the unfortunate man, though it may be useless to himself, and a burden to his friends, is owing to the promptitude of Constable DUFFY and the men named.--Ibid.

CASTLEBELLINGHAM PETTY SESSIONS.

THE ROBBERY OF TELEGRAPHIC WIRE AND GUTTA PERCHA TUBING

CASTLEBELLINGHAM (County of Louth), TUESDAY EVENING, DECEMBER 3.--The above sessions were held to-day before John M'CLINTOCK and William WOOLSEY, Esqrs. justices.

An unusual amount of interest was attached to the cases relative to the recent robbery of gutta percha* and copper wire, the property of the Electric Telegraph Company, which had been removed from its bed along the old northern coach road in this district of the country, and a large quantity of the material subsequently offered for sale at the establishment of Messrs. ELVERY and Co., Lower Sackville-street, Dublin, where it was seized by the Metropolitan Police.

John PAUL, Thomas SORAGHAN, and Laurence TYRRELL were put forward, charged with having between the month of June and November, illegally and fraudulently taken up and abstracted from the wooden troughing of the Electric Telegraph Company one thousand yards of Telegraphic wire and gutta percha tubing in the vicinity of Dunleer.

Mr. John Adye CURRAN, instructed by Mr. ENNIS, appeared for the prosecution; and Messrs. M. A. M'KENNA and DICKIE for the prisoners.

Mr. Bernard DUNNE, manager of the Electric Telegraph Company, was the first witness examined, and he deposed that he examined a portion of the line from Dublin to Belfast....examined the ground in seventeen or eighteen places, and found that the wires had been abstracted from the wooden troughing...he has seen this class of wire in Dublin and Dundalk, and from comparison firmly believes it to be the property of the Telegraph Company...Sub-Inspector MEARES, of the Metropolitan police, deposed that he went with acting-constable HUGHES to Boot-lane and found SORAGHAN and PAUL in charge of a cart....John CARNEY deposed that he knew the prisoner TYRRELL, and that he saw him digging the road near Drogheda...The cases were sent for trial to the ensuing quarter sessions of Dundalk. Bail was taken.

The next case heard was against Nicholas MULROY, Hugh MULROY, and Henry FAULKNER, for having, on the 18th of November, at Mullin's Cross, in the County of Louth, on their premises, a large quantity of gutta percha and copper wire, the property of the company, which was fraudulently taken from the troughing in the neighbourhood of Dunleer. There was no case made out, and the Bench declined to send this case for trial.

CHARGE OF SELLING THE WIRE.

Owen CAMPBELL was charged with selling 12 lb. of copper wire to Mr. Owen DEVLIN, Dundalk, the property of the company. This case was sent for trial.

Several girls were put forward charged with having sold copper wire at Mr. SHEKLETON's, of Dundalk, but there were not identified.

A young man from Mr. SHEKLETON's works, name James ARMSTRONG, stated that Mr. SHEKLETON had purchased between eleven and twelve cwt. of the copper wire.

Mr. CURRAN wished it to be particularly understood that the Telegraph Company were not so much anxious for punishing offenders, as they were to be placed in a position to recover their property, as they had been at a tremendous loss.

The Court were detained three hours hearing the cases.

*Transcriber's note -- Merriam Webster says: Gutta percha--a tough plastic substance from the latex of several Malaysian trees...that resembles rubber but contains more resin...


CAVAN PETTY SESSIONS--MONDAY

Magistrates present: T. THOMPSON, W. BABINGTON, Robert BURROWES, D.L., Nathaniel MONTGOMERY, A CARDEN, and W. M. HICKSON, R.M., Esqrs.

Paul LYNCH summoned Mr. George GRAHAM, of Clonervy House, for having assaulted him on Saturday, the 23rd of November.

Mr. GRAHAM is a very respectable man, and holds a large tract of land, under Lord Annesley, at Clonervy. LYNCH is also a tenant to Lord Annesley...LYNCH was at Arnmore on Saturday and received orders to tell the tenants on the Clonervy portion of the estate--Mr. GRAHAM included--to bring in their rents on Monday or Tuesday. He delivered his message to Mr. GRAHAM, who inquired if Mr. MOORE had ordered him to do so. LYNCH replied that Mr. MOORE was present when he received the message from Mr. TELFOUR, another bailiff. Mr. GRAHAM then said he " would let that ruffian MOORE know he was a gentleman, and should be treated as such; that Mr. MOORE should have sent him a letter, and not a message by any rascal."....The Court fined Mr. GRAHAM £1 with ££1 costs, or a fortnight's imprisonment.

The opinion of the Law Adviser having been received in the case of Mr. THOMPSON, J.P., against Patrick BANNON, for being in pursuit of game without a license, the case was again called upon a fresh summons, but was postponed to the 6th of January next, evidence having been given that BANNON is working the county LEITRIM, and was not in this county when the summons was left with his wife.

Hugh FARRELLY, for whom Mr. John Armstrong appeared, obtained a decree for 9s., balance of wages, against Patrick BRADY.

Thomas COTNAM, of Killevanny, charged James MULLEN, his nephew, with having stolen a quantity of his oats on the night of the 22nd of October....On the 22nd of October MULLEN and some other men were threshing oats for COTNAM. A quantity of the uncleaned oats was left out all night, and COTNAM remained up to watch it...On the same night Thomas HEENY and James KAVANAGH, two of those who had been threshing for COTNAM, went to the house of a man named M'CAFFREY, who had been also threshing for COTNAM that day...M'CAFFREY, however, suspecting that they had stolen the oats, refused to keep it in his house, and, as they would not take it away, he threw it out. ...The Court, having heard the evidence of M'CAFFREY and his wife, resolved to have informations taken and sent MULLEN, HEENY and KAVANAGH for trial to the Quarter Sessions--the prisoners to be admitted to bail....

Thomas COTNAM also charged Thomas MULLEN, another of his nephews, with having, on the 15th of November, forced open a chest, and stolen therefrom £4 7s. in notes and silver....the case was sent for trial to the Quarter Sessions--the same bail to be taken as in the previous case.

Mary Anne LEDDY was sent for trial to the Quarter Sessions for stealing a shawl from the house of a poor woman name Mary KELLAGHER, residing near Butlersbridge.

There were no other cases.

December 14, 1861

CAVAN PETTY SESSIONS--MONDAY

Magistrates present: W. BABINGTON and John G. TATLOW, Esqrs.

Mr. Robert BLAKELY, of Stradone, claimed a sum of £1, 1s., amount of conacre rent from Hugh FLOOD, and applied to have the case postponed, as his surveyor, who measured the conacre ground, was not in attendance, to prove the quantity.

Mr. John ARMSTRONG, who appeared for defendant, opposed the application on the ground that Mr. BLAKELY, who lives near defendant, could have told him of his intention to apply for a postponement before he compelled him to come into Cavan, and engage professional assistance.

The Chairman said he would either dismiss the case without prejudice, or postpone it on condition that Mr. BLAKELY would pay defendant his costs.

Mr. BLAKELY said he was willing to have the case tried upon his own evidence, and deposed that the defendant had conacre potato ground from him this year to the amount of £1, 1s., 0½d., all of which was due, with the exception of 6d., a balance lying over from a previous account. As Mr. BLAKELY was unable to prove the quantity of ground taken by defendant, the Court was about to dismiss the case without prejudice and without costs, when Mr. ARMSTRONG said that his client would admit the quantity, sooner than lose another day by the case. He then cross-examined Mr. BLAKELY...FLOOD had conacre from me last year; he aid me in full; the conacre he had this year was part of a meadow; there was no division between the meadow portion and where FLOOD had his potatoes...

FLOOD deposed that shortly after he took the conacre he became ill, and was unable to attend to it; there was no separation between the potato ground and the meadow...

The Court offered several suggestions for the settlement of the case, but these being rejected, they gave a decree for 12s. and costs.

Honora SMITH and Letitia REILLY (two little girls) obtained decrees against Hugh SMITH--the former for 11s., and the latter for 8 s., wages earned at flax pulling, &c.

Rose FLYNN summoned Bernard M'LENNAN for 2s. 10., balance of wages earned, but defendant's wife and daughter disproved the debt, and the case was dismissed.

An old man named Patrick REILLY applied to the Court under the following circumstances:--His son, James REILLY, who is about thirty years of age, lately returned from America, where he had been for about six years. He brought home £50 or £60, which he lodged in one of the Cavan banks. Ever since his return from America, he manifested symptoms of insanity, and occasionally conducted himself violently towards his father and sister. On Sunday night he threatened to stab his father with a knife, and was with difficulty prevented from doing so. From observations occasionally made use of by him, his father believes that his insanity is the result of a sun-stroke received by him in America....The father alleged that he was afraid the lunatic would injure him or some member of his family if not placed under restraint. The Court ordered the applicant to swear an information, and issued a warrant for the apprehension of the lunatic, in order to have him sent for trial to the Quarter Sessions on a charge of assaulting his father.

The Court then rose.


COURT OF COMMON PLEAS--DEC. 5

SITTINGS AT NISI PRIUS AFTER TERM

(Before Chief Justice MONAGHAN and Special City Juries)

M'NALLY v. DUNLOP

This case which was partly opened on the previous evening, was resumed at the sitting of the court, and concluded.

The plaintiff was Mr. Thomas M''NALLY, and the defendant Mr. William Drummond DUNLOP; and the action was instituted to recover a sum of £15, stated to be due to the plaintiff by the defendant, on foot of an alleged breach of contract. The plaintiff's pleadings alleged that on the 1st of February, 1861, the defendant agreed to pay him £5 per month to act as teacher in a school in the County Cavan, and that he was ready and willing to perform his part of the contract, but that the defendant violated it. The defendant denied "in toto" the existence of the contract as alleged....The case occupied the entire day, and terminated in a verdict for the plaintiff, with £15 damages and costs.

December 21, 1861

CAVAN PETTY SESSIONS--MONDAY

Magistrates present:--William BABINGTON and Andrew CARDEN, Esqrs.

Catherine BRADY was fined 2s and costs for the trespass of her two goats on Catherine LYNCH's cabbage garden, at Innishbeg, on the 11th Nov. and 8th December.

James MURRAY was brought up, charged on informations with having assaulted Thomas BRADY, on the 13th November.

BRADY was returning from the fair of Cavan on the evening of the day above name, between nine and ten o'clock at night, in company with two other young men. On the Gallows-hill they were followed by a number of men, who gave BRADY a very severe beating with sticks, but did not molest those who were with him. BRADY swore positively in his first informations that MURRAY took an active part in the assault, but in his oral evidence he stated that he could not swear MURRAY struck him, and that after the others knocked him down MURRAY did his best to save him....The police intimated that they could give evidence that defendant endeavoured to evade the service of the summons....The Court postponed the case for a week, in order that they might have the evidence of one of the persons who was with BRADY on the night of the assault....

Charles SHERIDAN summoned Daniel MAGUIRE and John MAGUIRE for trespass.

John ARMSTRONG appeared for complainant, and stated that his client was a blacksmith, who carries on his business in a forge and yard attached to a house in the Main-street. For the forge and yard he pays the landlord, a Mr. SMITH, £7 16 s. a year. The yard is necessary to SHERIDAN for the accommodation of the horses and cars of his customers, and no other person has a right to interfere with it, but he accommodates Mr. SMITH by allowing his caretaker to use the stable occasionally. Daniel MAGUIRE occupies some rooms in the house, as a weekly tenant, and on last fair day he and his son brought a number of horses and asses into the yard--the owners of the animals paying him for the accommodation--those obstructing the customers of SHERIDAN, whose vehicles and horses could not be accommodated in the yard....The Court postponed the case for a week, and directed the parties to communicate with Mr. SMITH...

John DOHERTY, hair-dresser, Market-square was brought up in custody, charged on informations with assaulting his wife.

Mrs. DOHERTY hoped the Court would pardon her husband, as she did not wish to prosecute him.

The Chairman said that Mrs. DOHERTY had acted in a similar manner when compelled on a former occasion to apply for protection from the brutality of her husband. There was not a man in Cavan who could be more respectable that DOHERTY if he kept from drink. He had treated his wife very cruelly...Mrs. DOHERTY said she was afraid that confinement would injure her husband's health. DOHERTY admitted the charge, but threw the blame on whiskey, and said he would "make a declaration before a clergyman that spirits of any kind should not cross his lips for 12 months."

The Chairman said that as DOHERTY promised amendment, the Court would allow his wife to withdraw the charge; but if he be ever guilty of such conduct again, the highest penalty allowed by the law will be enforced against him.

There were only three other cases--none of them of public interest.


DEATH OF MR. JOHN REILLY, DERRYGARRA HOUSE, BUTLERSBRIDGE

It is with feelings of sincere regret we have to record the death of Mr. John REILLY, of Derrygarra House, Butlersbridge, which occurred on last Monday evening. Mr. REILLY had reached the patriarchal age of eighty-four years, and during that period had been in the almost uninterrupted enjoyment of good health until within a few months of his decease. Frank, honourable, charitable, possessed of a truly Celtic hospitable and generous disposition, he enjoyed during his life....Mr. REILLY was a member of the Roman Catholic Church, and there has not been a chapel built in this county for many years past to the erection or improvement of which he did not contribute with an unsparing hand...His generosity, however, had nothing sectarian in it, for he never refused to contribute largely to an charitable project in connection with other denomination than his own....On Tuesday morning crowds flocked to the house to ascertain if the melancholy intelligence were correct, and the grief expressed by all classes on earning its confirmation was deep and heartfelt....On Thursday "High Mass" and the other ceremonies customary on such occasions in the Roman Catholic Church were celebrated in the chapel of Butlersbridge, where the body of the deceased lay. The funeral procession left Butlersbridge about half-past twelve o'clock. In front walked about three hundred men who had been at various times in Mr. Reilly's employment, wearing scarfs.....The melancholy cortege extended for fully two miles in length, and a great number of those present could not get within a mile of Drumlane cemetery, where the body was interred. A good man has been taken from amongst us....


ST STEPHEN'S DAY--The principal shopkeepers of Cavan have, we understand, kindly agreed to close their shops, and give their assistants an extra holiday, on the 26th instant--the day named after the first Christian martyr, and formerly noted in our rural districts for the senseless and inhuman crusade which the "boys" waged against

"The Wren, the Wren, the King of all Birds,"

or, as they drolly apostrophised him, when Inquiring the locality of the next --"dhroleen." This custom--which, by-the-bye, was a very ancient one--is now patronised only by a few diminutive urchins, whose claim to the "largess" so eagerly asked for is the carrying about of little twigs, in the verdant decorations of which poor "dhroleen" is supposed to abide. "Hunting the Wren," however, is a thing of the past, and we congratulate the diminutive feathered monarch that it is so--trusting, at the same time, that the custom of giving an extra Christmas holiday to "employes" may long continue.

December 28, 1861

CAVAN PETTY SESSIONS--MONDAY

Before William BABINGTON, Esq., J.P., and Wm. Murray HICKSON, Esq., R.M.

James MURRAY again appeared to answer a charge of assaulting Thos. BRADY on the 14th of Nov. The particulars of this case were reported in our last...The Court sent the case for trial to the Quarter Sessions--bail to be taken.

Mr. James PARKER sought to recover possession of a house at Drumalee, held by a widow named DELANY, at a rent of 1s per week--the tenancy having expired by notice to quit and demand of possession. Mr. John ARMSTRONG appeared for the defendant. The case was dismissed, as, in consequence of the premises being situated outside of the Borough boundary; and the agreement for rent being a verbal one, the Court had no jurisdiction.

Susan MASTERSON was brought up in custody charged with having assaulted another pauper girl named CARMICHAEL, in the Cavan Workhouse, on the 10th instant, by striking her on the head with a large stone. The case lay over from the previous Court day, as CARMICHAEL was then unable to attend, the blow given her by Susan being rather severe. The Court, after hearing the evidence for the prosecution, considered that Susan had been provoked by CARMICHAEL, and that her fortnight's detention in prison was a sufficient punishment for her offence. She was, therefore, discharged on promising peaceful behaviour for the future.

Ellen REILLY, Ellen M'GOVERN and Bridget O'HARA were sentenced to a week's imprisonment each for absconding from the Cavan Workhouse, by removing the lattice bars of the separation ward, and climbing over the outer wall on the night of the 12th inst. They were arrested near Cavan by the Master, having the Workhouse clothes upon them, and REILLY had only a few days previously terminated a period of imprisonment for wilfully breaking seven panes of glass, a form, and other articles the property of the union.

Patrick REILLY and Cornelius REILLY were brought up in custody, charged with stabbing John BRADY, at Butlersbridge, on the night of Friday, the 20th instant.

Mr. Thomas REILLY, sworn and examined, said--I heard there was a row in the shop on Friday night, and on going out to the shop I saw John BRADY, Cornelius REILLY, and Patrick REILLY there; they were arguing; I ordered Patrick Reilly to go home, as I wanted to clear the shop; Brady was leaning with his back against the counter at the other side of the shop; the breadth of the shop was between him and the prisoners; I saw Cornelius Reilly go towards John Brady and throw himself on him; Brady cried out "I am stuck or stabbed;" Cornelius Reilly then ran away; during that time I did not see Patrick Reilly do anything;...we took down Brady's trowsers and found that he was bleeding from a wound in the abdomen.

Mr. HICKSON asked the prisoners if they wished to put any questions to Mr. Reilly. Patrick Reilly said he had nothing to do with the stabbing at all, and his brother was also about to make a statement, when Mr. HICKSON said there was an information sworn in Patrick Reilly's case, and they could make any statement they wished; but he would advise them to say nothing for the present. The Court would remand them for a fortnight, instead of committing them for trial at the Assizes, and bail will be taken for their appearance, in case they produce a certificate that Brady is out of danger.

Mr. Reilly's information was then signed, and he was bound over to attend on the 13th prox., when other witnesses will be examined.

The Court then rose.


MARRIAGE OF JOHN ROGERS, ESQ., J.P.

December 19th, in the parish church of Duleek, by the Rev. Andrew M'CREIGHT, A.M., Rector of Belturbet, Chaplain to the Right Hon. Lord Farnham, K.P., and the Lord Bishop of Kilmore, Elphin, and Ardagh, assisted by the Rev. John Digges LATOUCHE; Rector of Duleek, John ROGERS, Esq., J.P., Floraville, county Cavan, only son of the late William ROGERS, Esq., of Belturbet, to Sophia Jane, eldest daughter of John BOLTON, Esq., Callen House, county Meath, and granddaughter of the late Richd. BOLTON, Castle Ring, county Louth.


ACCIDENT

On Saturday last, as Mr. John FLOOD, the contractor for the execution of the interior improvements of the Roman Catholic chapel of this town, was superintending the removal of the scaffolding from the dome, a portion of the scaffolding on which he was standing gave way, and he was precipitated to the ground, his leg being broken by the fall. He is at present in the County Infirmary. Mr. FLOOD is a respectable and industrious man, and we are glad to hear that he is progressing favourable.


DIED

On Christmas Day, the wife of Mr. J. M'CHLEARY, Farnham, deeply regretted by her family and friends.

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