Cavan Observer
Published in Cavan, county Cavan
July 6, 1861


Magistrates present:--William BABINGTON, Esq., Chairman; Captain PHILLIPS, Robert ERSKINE, Esq., and William Murray HICKSON, Esq., R.M.


John LYNCH was charged with having absented himself from the training of the Cavan Militia in 1859. Sergeant SHERIDAN proved the case. The prisoner joined the regiment on the 19th February, 1855, and was subsequently promoted to the rank of corporal. He bore an excellent character in the regiment. He absented himself from the annual training in 1859 and did not visit the regiment from the training of 1858 until the 28th June last, when he went to the barrack, and claimed his discharge. SHERIDAN told him that he was not entitled to the discharge but was a deserter, as he had not attended the training of 1859. LYNCH persisted in declaring that his period of service had expired, and that he was entitled to his discharge. The books having been examined, he was taken into custody....The Court imposed the lowest penalty in their power--a fine of 40s., or two months' imprisonment. LYNCH paid the fine. The Chairman informed LYNCH that if he got up a memorial to the proper authorities, and induced the officers of his regiment to sign it, himself and his brother magistrates would also sign it, and the fine might be refunded.

Phillip M'DONNELL was charged with having absented himself from the training of the Cavan Militia in 1860. M'DONNELL is a native of Belturbet, and a fine, soldierlike, intelligent-looking man. He was formerly a driver in the Royal Artillery, but was discharged from that corps in consequence of ill health. He held the rank of corporal in the Cavan Militia, and according to the evidence of Sergeant FLACK, is a man of most excellent character. He came in to attend the present training on Monday, the 24th ult., and, notwithstanding that the officers were fully aware of his absence from the training of 1860, he was not placed under arrest, but was allowed to attend to his regimental duties until he had to come to the Court. The reason he assigned for his absence in 1860 was that when on his way to attend the training, he was robbed of all his money in Glasgow, and was, in consequence, unable to attend. Two persons were arrested for the robbery, and brought up at the Central Police Office in Glasgow, but, as the money was not found with them, they were discharged. When coming to attend the present training he applied at the Glasgow Central Police Office for a written statement of the facts relative to the robbery, in order that he might lay it before his officers, and was informed that the statement would be given should his commanding officer deem it necessary....He had no money with which to pay a fine....He held a situation in Edinburgh which he would lose if he did not return to it in a few days, and, as his health was not good, he would find it difficult to obtain another...The Chairman said the case was a hard one, but the Court had no discretionary power. They would impose the lowest penalty--a fine of 40 s., or two months' imprisonment, and, in order to give him an opportunity of paying the fine, would not immediately issue the warrant. [We understand that M'DONNELL, being unable to pay the fine, surrendered himself on Tuesday, but that the fine was afterwards collected and paid for him.]


John FARRELLY, Thomas LYNCH, and Michl. SMITH were charged by Constable M'CARTHY with having been rioting and fighting in the public street of Stradone on the 24th of June. SMITH modestly refrained from making his appearance in Court, but service of the summons was proved. It appeared that the 24th was the annual fair of Stradone....There was a most serious riot and attack upon the police, for taking part in which some persons were subsequently punished. On the last fair day there were a number of the Cootehill police in the town, in addition to the men permanently station there. The prisoners were engaged in a row in one of the public-houses, from which they proceeded to the street, in order to "see it out." Constable M'CARTHY arrested them and kept them in custody for an hour and a half. The Court did not consider the assault proved, but for the other offence ordered the defendants to find bail--themselves in £5 each, and two sureties in £2 10s. cash.....The Chairman subsequently directed Constable M'Carthy when bringing such cases in future to summon one of the parties as witness against the others, in order that the charge of assault might be proved.

Thomas GUNN was charged with having, on the 28th ult. assaulted Captain PHILLIPS, J.P. It appeared that GUNN went to the gate of the Military Barrack, and did all in his power, by using abusive language and challenges, to induce some of the Militia-men to fight him, and without success, as the men, notwithstanding the provocation they perceived, behaved with extraordinary and praiseworthy forbearance.....The only excuse offered by GUNN was that he had been "beastly drunk," and did not know what he was doing on the day in question; but Captain PHILLIPS contradicted this statement, and the Chairman said that when brought before him for drunkenness, three or four hours after the assault on Captain PHILLIPS, GUNN was quite sober. He was sentenced to two months' imprisonment, with hard labour.


Margaret CARMICHAEL and Mary TRACY appeared to answer the complaint of Susan MASTERSON for having assaulted her, and robbed her of 2s. The Chairman said he could scarcely believe the evidence of his senses; he had seen Susan so often in the character of defendant that he never deemed it possible that she could appear in any other role. This remark elicited only a grim smile from Black-eyed Susan, and a declaration that she had "right good cause to complain.".....She was in the nursery of the Workhouse when Mesdames CARMICHAEL and TRACY laid violent hands upon her, knocked her down, displaced her head-dress, searched her hair, and finally stole her purse, containing six shillings of the current coin....The plunderers ran out to the yard with their booty, leaving her extended on the nursery floor They subsequently gave her back the purse and four shillings, retaining the other two....The two shillings were not found on the persons of the accused, and one of them stoutly asserted that they only found four shillings and threepence--halfpenny in Susan's purse, every penny of which they returned....The Court only dealt with the assault, for which they sentenced Mesdames CARMICHAEL and TRACY to two months' imprisonment each. Susan look as if she would have preferred the restitution of the "tiu" to the incarceration of her assailants...


Peter M'DERMOTT summoned Messrs. GREEN and KING, railway contractors, for 10 s., balance of 16s. 1d., wages earned by him in defendants' employment. Plaintiff's statement was to the effect that on last pay night he went into the pay-office with the other men engaged on the railway. The pay-clerk handed him 6s. 1 d., instead of 16s. 1 d. He said that was not his money, but the pay-clerk replied that whatever he had given him was right according to the pay-sheet. Plaintiff's testimony was corroborated by another workman...Mr. M'ILWAINE, the clerk whose duty it is to call out the sums coming to the workmen...and that he had called out that amount of last pay-night, but he could not say what sum plaintiff had received from the pay-clerk. The Court gave a decree for 10s., with 3s. 6d costs.


Patrick M'GOWAN appeared to answer the complaint of James HUGHES and Patrick HUGHES for having allowed a dangerous dog, his property, to be at large, unlogged and unmuzzled, on the streets of Cavan, which dog attacked and injured Patrick HUGHES. James HUGHES did not attend, but his wife and son proved the case.....M'GOWAN then volunteered his solemn declaration that "the dog is as quiet a dog as ever was known, my dear; there's not a more peacable dog on the face of the world, my dear;"....Notwithstanding the many noble qualities of the animal Mr. M'GOWAN promised to deserve a mitigation of penalty by putting an end to its valuable existence. Mrs. HUGHES said that her son earned 10d. a day for her previous to having been bitten, but was unable to do so since. The Chairman said her remedy was by process at the Quarter Sessions Court.


Constable M'CARTHY, in reply to the Chairman, said that, in accordance with the directions of the Court, he waited on Mr. FLOOD, to see if he had executed the sentence of the Court on his dog, "Captain." Mr. FLOOD was absent at the time, but he again called on him, and Mr. FLOOD said that he had destroyed the dog, but he did not show him the body.


James SHEAL was charged by a number of his neighbours with having unlawfully cut, damaged and injured a pass on the Newburgh property. As the swearing, as usual in such cases, was contradictory enough to puzzle all the lawyers of the Four Courts, the case was postponed for a fortnight, for the purpose of giving the parties an opportunity of appealing to the landlord or agent.


Eliza COLWELL charged Phillip LYONS with having at Shankhill on the 28th of June, assaulted and used threats towards her. Complainant is a widow, residing with her brother, near defendant's house. According to her statement, defendant entertains ill-will against her, and has, on two or three occasions, assaulted her, and called her improper names. On the day named in the summons he gave her a push into the "shough," as she was standing near her brother's house, and threatened to trample on her. Defendant's account of the transaction was that he merely wanted complainant to prevent her brother's cows from trespassing on his land. The Court fined defendant 5s. and costs--one-third of the penalty to be given to complainant.


Bridget REILLY, an elderly, drill-sergeant-looking female,and her son, Joseph, a diminutive burgess, with corduroy pants and closely-clipped hair, charged Catherine KAVENAGH, a demonstrative and eloquent female, with assault, abusive language, threats, and other infringements of the statutes of the realm, calculated to lead to a breach of the peace and create a "shindy" amongst her Majesty's liege subjects in classic and peaceful Mudwall-town. Mrs. REILLY stated that her "little boy" was passing Mrs. KAVENAGH's residence "on Sunday week" when that lady "pitched a bowl of water" on the youthful descendant of Miles the Slasher. His maternal relative was naturally indignant at this proceeding, and remonstrated with Mrs. KAVENAGH, who assaulted and applied most opprobrious epithets to her, and subsequently to her daughter, when that young lady also went to expostulate. Mrs. KAVENAGH's ideas of truth and fair play appeared to be greatly shocked at these charges, and she must be a very good judge of both matters for, according to the statements of her opponents, herself and her liege lord are joint proprietors of an ingenious machine termed a "wheel of fortune," over the rotations of which Mrs. KAVENAGH presides at fairs and markets....The Court considered that they had heard sufficient evidence, and fined the whirler of the wheel of fortune 2s. 6d. and costs, or, in default, a week's retirement from her usual avocations. This decision seemed to afford intense satisfaction to Mrs. REILLY, who prayed that their Worships might enjoy "long days and good health.".....

There were not other cases heard.


With sincere regret we find the death of Dr. M. E. FOY in the New York papers of last mail. Doctor FOY was a native of Cootehill, in this County. Some time since we copied from the New York papers a requisition requesting he would re-deliver an address he had delivered in the Cooper Institute, New York. The requisition was signed by Revds. Henry WARD, BEECHER (brother to Mrs. STOWE), --CHAPIN, Hon.--RAYMOND, and others of the learned and influential of that City--noble tribute to the talent of our countryman.:

SUDDEN DEATH OF DR. FOY--Doctor M. E. FOY, Surgeon of the 38th Regiment, New York Volunteers, Colonel J. H. Hobard WARD, died suddenly at East New York on Sunday morning. The deceased was well known throughout this City and State as an eloquent and able speaker, devoting a large portion of his time during the late campaign in advocating the principles of the Republican party. He was a man of genius and extensive experience, having travelled in all parts of the world. His sudden demise will be deeply felt by a large number of friends and associates.--New York Tribune

SUDDEN DEATH OF A MILITARY SURGEON--Dr. M. E. FOY, of the 38th Regiment New York Volunteers, died very suddenly on Sunday at East New York, of congestion of the brain. Dr. FOY was one of the accomplished of our military surgeons, and it was contemplated at the time of his decease to give him the superintendance of a brigade. During the last election he gave most active and efficient aid to the Republican case as a popular speaker. He was among the first who offered themselves to the General Government at the commencement of this struggle, both as a practical surgeon, and an instructor in the Cooper Institute course of lectures.--New York Post.


On Thursday last, in Knockbridge Roman Catholic Chapel, by the Rev. Jas. CLEARY, C.C., Ellen, daughter of Mr. Patrick REILLY, Kinnea, to Mr. Bernard TIERNEY, Corrovilla.


(Before Judge LONGFIELD)


Co. Galway

Estate of Patrick KELLY, Owner; Joseph BOYCE and Robert SMITH, Petitioners

Grove House, with offices, demense, &c., near Tuam, held under least for 36 years, with covenant for renewal for 34 years, containing 14s.0r. 20p.; annual value, £130; subject to head rent of £70 per annum. Mr. Joseph BOYCE purchased at £160. J. D. MELDON, solicitor.

Co. Meath

Estate of William ARMSTRONG and Others, Owners and Petitioners

Lands of Mackanstown, held in fee; containing 209a.; net profit rent, £175; subject to a mortgage for £2,100. Sold to Mr. SANRIN for £2.665. Messrs. WALKER, solicitors.

Co. Cavan

Estate of Gerald F. WALSH and Maryanne WALSH; J. SEYMOUR and Another, Petitioners

Lot 1--An undivided moiety of lands of Upper and Lower Tully, containing 185a.; held in fee-farm; profit rent, £65. Mr. MAGEE bought at £705.

July 13, 1861


Magistrates present:--William BABINGTON, Esq., Chairman; Andrew CARDEN, Esq., and Nathaniel MONTGOMERY, Esq.

The case of Hugh FEGAN of Glencurren, against Edward FEGAN, James FEGAN, and Peter BRADY was the first called. Complainant and two of the defendants are brothers, and BRADY is a servant in the employment of the latter. Complainant is a road contractor, and the charge against his brothers was that they assaulted him and interfered with a quarry from which he is taking stones. Defendants did not appear, but a fourth brother stated that "the whole thing" had been "settled," and that there was no necessity for the interference of the Court. Complainant indignantly denied the truth of this assertion, and said that he who made it was "so ignorant that he didn't know what he was saying." The Court postponed the case for a week, as the summonses were not served until after 12 o'clock on Saturday.


James HESLIN, a melancholy-looking individual in a chequered shirt, moleskin jacket, and corduroy "slacks," was charged with having been drunk in the streets of Cavan, on the night of Saturday, the 29th of June. Mr. H. had been arrested on that night, but was afterwards discharged on promising to appear at the Petty Sessions Court on the following Monday--a promise which "urgent private affairs" compelled him to break. Constable SHEALS, dissatisfied with Mr. HESLIN's absence, procured a summons, and went in search of him in the vicinity of Butlersbridge, but without success, and nothing was seen of him until shortly before the Court sat, when the ever-wideawake Constable "spotted" him in Cavan. He was fined 1s., including costs, and was allowed a week to muster that sum.

James FITZPATRICK was charged with having been drunk in the streets of Cavan on the previous night. He looked extremely sick, sorry, and sheepish, pleaded guilty, and was fined 2s. 6d., including costs.


John SMITH, a young man who stood charged, on informations, with an assault upon his mother, and who had been in custody from Wednesday until Friday, appeared to answer the charge; but as his mother did not appear, and the Court did not consider the case a serious one, the Chairman informed SMITH that the Court would allow the matter to drop--recommending him to live peaceably with his mother, if possible, and, if he cannot do so, to go back to America, from which country he has lately returned.


Patrick FARRELLY, of Cavan, had a civil bill process against Daniel M'SHERRY for £1, 1s., 10½d., amount of goods sold in November, 1860, to Luke MORGAN and James MORGAN, for the payment of which defendant gave a written undertaking. The plaintiff's wife proved the case. Defendant did not deny the undertaking, but requested time to pay the debt. The Chairman said the Court had no power to grant the request, but he might arrange with FARRELLY, and he should be cautious about becoming security in future. The Court gave a decree, with costs.


Mr. John MURPHY, draper, charged a notorious character named James FITZPATRICK, with having wilfully broken a pane of glass, value 16s., his property; and one of Mr. MURPHY's shop-boys charged FITZPATRICK with an assault. It appeared that on Saturday week FITZPATRICK purchased a low-crowned hat from Mr. MURPHY, for 3s. 6d., and returned with the hat a short time afterwards, and insisted upon having his money back; the fellow being drunk, Mr. MURPHY, for peace sake, complied with his request. Half an hour afterwards he again returned for his money, and also on the following Monday evening, and it was with difficulty he could be induced to leave the shop. On Tuesday evening he again came for his money, and, not succeeding in inducing the shop-boys to give it to him (Mr. MURPHY being then in the ware-room), he snatched a piece of stuff off the counter, saying, "I must have something for my money." One of the shop-boys succeeded in taking it from him, and another was going for the police, when FITZPATRICK assaulted him, and then deliberately smashed the pane of glass with a kick. FITZPATRICK did not appear, and was sentenced to a month's imprisonment, with hard labour, for each offence.


The Grand Jury of this county were sworn in for the transaction of fiscal business, by Henry J. RAE, Esq., Clerk of the Crown...The following gentlemen were sworn:--Colonel the Hon. James Pierce MAXWELL, M.P., Foreman; Robert BURROWES, Esq., J.P., D.L.; the Hon. Somerset R. MAXWELL, J.P.; Edward SAUNDERSON, Esq., J.P.; Lieutenant-Colonel Theophilus CLEMENTS, J.P.; John Edward VERNON, Esq., J.P.; Captain George Le Poer BERESFORD, Jas. HAMILTON, Esq., J.P.; Benjamin Samuel ADAMS, Esq., J.P.; Captain Robert John CUMMING, J.P.;; Edward Robert NUGENT, Esq., J.P.; David Fielding JONES, Esq., J.P.; Nathaniel MONTGOMERY, Esq., J.P. (Cullies); James FAY, Esq.; Captain Michael PHILLIPS, J.P.; George Henry L'ESTRANGE, Esq., Joseph DIXON, Esq., Captain Robert ERSKINE, J.P., John B. LYNCH, Esq., and Nathaniel MONTGOMERY, Esq. (Gowna).

(Lengthy discussion regarding "Lunatic Asylum")


Mr. Wm. HAGUE having resigned the office of Court-keeper, held by him for a great number of years, the Grand Jury proceeded to appoint his successor. There were two candidates--Mr. David REID, of Derrycramp, and Mr. CONWAY, letter-carrier, Cavan. Two members of the Grand Jury voted for the former, and twenty-one for the latter, who was therefore elected.


Mr. Benjamin ARMSTRONG appeared on behalf of Edward DANCY, of Rakeevan, who claimed £15 compensation for malicious burning of house and furniture, his property, on the night of 5th May....Decision at Sessions--considered malicious. To be levied off the townland of Rakeevan......

The next application was that of William BANNON, of Latchey, for the partial destruction of a stack of turf, his property, by fire, on the night of the 30th of December, 1860, at Latchey. Decision at Sessions--Considered malicious. To be levied off the townland of Latchey....

Mr. Benjamin Armstrong appeared on behalf of Robert SCOTT, of Enagh, who claimed compensation for malicious injury to a jaunting car, his property at Enagh, on the night of 25th December, 1860. The decision at Session was that the injury was considered malicious; 3l., 10s. was allowed and costs recommended--to be levied off the townland of Enagh.


Mary MORAN was indicted for having stolen a piece of calico, the property of Thomas LYNCH, of Ballyjamesduff. The prisoner pleaded not guilty, and was undefended. She had been traced to Virginia by Sub-Constable FORSTER, who discovered there that a quantity of the calico was disposed of to several parties. He collected the pieces, and produced them for identification, but LYNCH could not positively swear that they were his property. The prisoner was acquitted and the calico given back to her.

Robert and William HASSARD were indicted for an assault committed on the 9th June on the person of Hugh M'MANUS. There were several counts in the indictment. The prisoner pleaded not guilty...The prisoners are father and son--the latter a mere boy. The assault arose out of a dispute relative to a right of pass. The jury found a verdict of not guilty, and the prisoners were discharged.

Phillip REILLY was indicted for having on the 10th of June cut, stabbed, and wounded James KEIRNAN. There were five counts in the indictment, varying the offence, and in a sixth count the prisoner was charged with a common assault on James LYNCH. The prisoner pleaded not guilty....The prisoner received a very high character from Sub-Inspector (Henry) WARE and the Parish Priest. The jury found him guilty of stabbing, but strongly recommended him to mercy, on account of his previous good character, and as they believed the stabbing might be accidental. He was sentenced to twelve months' imprisonment, with hard labour.


A man named DEGNAN was indicted in the Record Court, for an assault. There were five counts in the indictment. The prisoner pleaded guilty. He had been in gaol for one month, and was sentenced to one month's imprisonment, with hard labour.

Anne ROGERS was indicted for wilful murder of a female child at Coroncary, in this county, on the 10th of March, 1861...Two persons were implicated in the alleged murder--Robert GAMBLE and the prisoner, but the Grand Jury threw out the bill against the former...The prisoner pleaded not guilty. She is a young woman about 22 or 23 years of age apparently.

Mr. HENDERON, Q.C., stated the case for the Crown. On Sunday, the 17th March, some parties discovered the body of a female child, enclosed in a rough box or coffin and buried in the graveyard attached to the Presbyterian Meeting-house at Corroneary. Information was given to the police, and an inquest held on the body. A respectable medical gentleman, Dr. SHARPE, of Cootehill, would be produced and would prove that the death of this child, as found, had been caused by unfair means--that its death had been caused by strangulation. The prisoner had been a servant to a named Robert GAMBLE, who lived at a place called Ruskey, within a short distance of the Corroneary meeting-house. It would be proved in evidence that on the 8th of May the prisoner and this Robert GAMBLE went to the two of Cootehill, and that while there the prisoner was seized with the pangs of labour, and delivered of a healthy female child, in the house of a woman named Mary O'HALLORAN. She was attended by a midwife named Rose BRADY, and previously visited by Doctor SHARPE, of Cootehill. The prisoner told Mrs. O'HALLORAN that there name was Anne CLARKE, and GAMBLE, who accompanied her, gave his name as M'CABE. The prisoner remained in the house of Mrs. HALLORAN from Friday the 8th of March, until the following Sunday, when she left, taking her child with her. It would be proved that the child was then in good health, and that she went into the house of a woman named Mary Anne WOODS and also into the house of a woman named Susan DIVINE...It would be proved by Constable SPIERS that the boards used in constructing the box or coffin in which the body was found corresponded exactly with the boards of the ceiling of GAMBLE's kitchen, and that there was a board missing from the ceiling....All the evidence was circumstantial; there was no direct evidence; but it would be for the jury to say whether, taking all these circumstances into account, they believed the prisoner to have murdered the child; if they entertained a doubt--such as doubt as reasonable men might entertain--it was their duty to acquit her....

His Lordship charged the jury at considerable length carefully recapitulating the evidence, and explaining the law bearing upon the case.

The jury, after a short deliberation, returned a verdict of not guilty, and the prisoner was discharged.

There were no other cases...


(Before Judge BALL)

The Lord Bishop of Kilmore, Elphin, and Ardagh v. Robert FLOOD

This was an appeal by the defendant against the decision of the Chairman of the County. The action was one of ejectment brought by the plaintiff against the defendant to recover possession of the lands of Drumscullea and their appurtenances. The case was heard before the Chairman at the last Quarter Sessions...The defendant now appealed against his worship's decision, and evidence was heard on both sides...(the case was dismissed without prejudice and thus enabled both parties to go before the Chairman and go into the case).


This was an appeal from the decision of the Chairman at Quarter Sessions, who dismissed the appellant's case. The appellant originally brought a civil bill against the Midland Great Western Railway Company for the sum of £40, loss and damage sustained by him in consequence of the non-delivery of a quantity of culm. The case was dismissed....His lordship reversed the decision of the Court below, and gave a decree for £17, 10 s., with costs.


On the 30th of June, at 89, Main-street, Cavan, the wife of T. W. SIXSMITH, of a son.

MILITARY FUNERAL--On Thursday morning Colour-Sergeant EDWARDS (Staff),of the Cavan Militia, died in this town. EDWARDS had served his full time in the 1st Royals, and was a man of exemplary character greatly respected by his officers and comrades. He was buried with military honours on yesterday evening--Captain and Adjutant GOSSELIN, Captain PHILLIPS, Lieutenant KERR, and Quartermaster DUFF accompanied the funeral. The Rev. Mr. HUTCHINSON read the beautiful and impressive burial service.


July 8th, at St. Mary's, Donneybrook, by the Rev. James CARSON, A.B., William MALCOMSON, Esq., M.D., surgeon, Cavan Militia, to Lizzie, only daughter of William Moore BRICE, Esq., Cavan.

July 4, in St. Anne's Church, Belfast, by the Rev. Hugh MURRAY, Rector of Cavan, brother of the bride, Hugh WILSON, Esq., York, to Martha, daughter of Hugh MURRAY, Esq., Moira, county Down.

LANDED ESTATES--JULY 4 - (Before the Hon. Judge LONGFIELD)


Estate of John FLEMING and Others, owners; John BRIDGES, petitioner.

Extensive iron mines and works on and underneath the townlands of Tullynamoyle and Gowland,in the county Leitrim, and the several buildings, &c., known as the Creevelea Iron Works, together with the several coal fields or collieries under the several towns and lands of Corry Mountain...Mr. CONNOR purchased this in trust at 7,100l.--GALLOWAY and CONNOR, solicitors.

JULY 5 - (Before Judge HARGREAVE)


Estate of M. L. ANKETELL, Owner and Petitioner--Fee simple, 7,608a., producing 4,026l. a year...The court proceeded to sell the life estate of the owner, aged forty-nine. The sale realised 44,930l.--Messrs. H. WALLACE, and Co., solicitors.

JULY 6- (Before Judge HARGREAVE)


Estate of Hannah KNOX and Others, Owners and Petitioners.

Lot 1, Part of the lands of Newtown...Sold to Mr. RAFFERTY at 235l. 2--Lands of Deicks, containing 25a.;--Sold to Mr. PERRY, in trust, for 3,425l. Same denomination--Sold to Mr. MALLEY for 1, 059l.Same denomination--Sold to Mr. CAREY for 5,650l. Mr. R. MEAZE, solicitor.



The case came on for hearing before the Right Hon. Judge KEATINGE and a Special Jury. The will of Michael BUTLER, deceased, was propounded by the plaintiff, his daughter, and was impugned by the defendant, his son and heir-at-law, on the ground that it was not duly executed....A number of wills were executed by the deceased--three of them in the year 1860--and they were all prepared by the Rev. Richard DUFFESY, P.P. He alleged that he was requested by the testator to draw up the wills, and that he did so from his instructions, and with the approval of the family. According to his testimony the will in question was signed by the testator in the presence of two herds. They were, however, examined and directly contradicted that statement. They swore that deceased did not execute the will, and that the Rev. Mr. DUFFESY got them to sign it, first putting a sheet of paper over the part written on. The jury disagreed, and were discharged without finding a verdict.

July 20, 1861


Magistrates present:--Theophilus THOMPSON, Esq., Chairman; William HUMPHRYS, Esq., D.L.; William BABINGTON, Nathaniel MONTGOMERY, and Andrew CARDEN, Esqrs.


Bridget REILLY summoned Margaret M'KEON for assault and battery; and Margt M'KEON preferred a similar charge against Bridget REILLY. These worthy matrons occupy adjoining premises in peaceful Mudwall-row, and quarrelled anent the proprietorship of a withered bush, used for placing clothes to dry upon. Although the icy finger of Time has chronicled the traces of fifty years or more upon their brows and tresses, he has not succeeded in quelling the pristine fire of their truly feminine tempers, and the battle for the bush was as gallantly fought as if the combatants were two sprightly young vixens of twenty. Victory rewarded the prowess of Mrs. M'KEON; but she was not so successful with the Court--the evidence being that she had provoked hostilities, and had no legal right to the bush. Her summons was, therefore, dismissed, and she was sentenced to pay a fine 10s., or be imprisoned for a fortnight, for the assault on Mrs. REILLY. On pleading poverty, however, the fine was subsequently reduced by one-half.


Phillip LYNCH, of Shankhill, summoned James REILLY and Catherine REILLY for an assault, and they brought a similar charge against him. It appeared that LYNCH's ass trespassed on Mrs. REILLY's ground, and her son galloped the ass to LYNCH's house in a more violent manner than the latter considered was beneficial to the animal's health. Some angry words passed between REILLY and LYNCH on the subject, and the latter had to expel REILLY from his house. Mrs. REILLY afterwards visited LYNCH, and treated him to a "tongue thrashing," but he did not succeed in ejecting her so readily as her son. Whilst she was resisting his efforts to put her out, her son came to her rescue, and struck LYNCH, and, whilst LYNCH was engaged with her son, Mrs. REILLY pulled his hair, and struck him a very severe blow on the back of the head with a stone. The Court dismissed the case against LYNCH, and also that against James REILLY, and fined Catherine REILLY 5s., or in default, to be imprisoned for one week. That amiable old lady said she "would rather go to gaol, no matter for how long, than pay anything to plaize LYNCH," and impiously prayed that he might never obtain forgiveness for "what he swore" against her. She was rebuked by the Chairman for this un-Christian wish, and taken into custody, but was afterwards allowed a week to pay the fine.


Michael BRADY summoned Patrick GAYNOR, his hired servant, for having unlawfully left his service...It appeared that complainant hired defendant in May last, for a half-year, at £3 13s 9d wages. The defendant remained with him until the 9th instant, when he went away. He returned on the 10th, and on the 11th he again went away, after informing complainant that he intended to go to Scotland. In reply to the Court, defendant said that his reason for breaking his engagement was that complainant gave him very bad diet--"Indian braghan" being his principal food...Complainant, in reply to the Court, said he was willing to take back defendant, and the latter expressed his willingness to put in the remainder of his time with complainant....The parties then left Court together.


Bartholmew SODON applied to the Court to compel Connor DALY to enter into peace recognizances. It may be recollected that two months ago SODON summoned DALY and another young man for an assault...They were both convicted of the assault, and Daly was sentenced to two months' imprisonment...SODON applied to the Court on the previous day to have DALY bound over to keep the peace, as he was afraid he would injure him...but as DALY's imprisonment had not then terminated, the Court directed SODON to summon him to show cause why he should not enter into peace recognizances...DALY (whose health appeared to have been injured by his confinement), denied that he had any intention of injuring SODON...The Chairman...said the Court had no wish to punish him, but they were bound to protect SODON...He should, therefore, enter into security--himself in £10, and two sureties in £5 each--to keep the peace for seven yeas. DALY said he could not find the sureties unless he was allowed a few days to do so. The Court allowed him a week's time, and SODON paid him the wages due to him, minus the costs.


Bernard SMITH, of Keadue, was brought up in custody, charged with cutting and wounding Felix M'KERNAN, so as to endanger his life. The Chairman read M'KERNAN's depositions. M'KERNAN is in the County Infirmary, and Dr. MEAZE refused to give a certificate that his life is out of danger. The assault arose out of a dispute about a fence which M'KERNAN was cutting with a reaping hood, and which the prisoner asserted he had no right to do. In the scuffle which ensued M'KERNAN's hand was desperately cut with the reaping hook. The prisoner was remanded as no bail can be taken until M'KERNAN's life is out of danger.


George BRADY, of Tonymore, made an affidavit that a certain quarry from which the owner refused to allow him to draw stones, at Ricehill, and which was heretofore used by road contractors, is the only one in the neighbourhood suitable for the purpose of his contract. The Court gave him an order to enter and make use of the quarry.

The Court then rose.


Magistrates present:--Captain PHILLIPS, Chairman, Captain NESBITT, and Mr. VENABLES


This was a claim for £4 10s., price of a cart made by plaintiff for defendant.

Plaintiff and his son proved to making the cart, that it was value for the money charged, and also that it was made according to defendant's directions.

The defence was that defendant was drunk when he made the contract; that the cart was not value for the money, and did not suit him.

The Court gave a decree for the sum claimed. Defendant gave notice of appeal.


Patrick RUDDEN, Terence M'CALL, Patrick BRADY, Michael DUFFY, John CAULFIELD, and Patrick M'CABE were charged with having been engaged in a riot and affray, and with having assaulted Constable M'ILWAINE, and others of the police, at Redhills, on Saturday, the 29th of June.

It appeared from the evidence of Constable M'ILWAINE and the other police that on the day above named (which was a holiday in the Roman Catholic Church) there was a more than usual concourse of persons of both sexes in Redhills.....In the evening Constable M'Ilwaine and three of his men patrolled the town...Near the cross roads, at a place called the Mill Dam, they saw a large crowd standing listening to a number of young playing some brass instruments. Constable M'Ilwaine advised them to disperse...the musicians and crowd dispersed quietly, and proceeded towards their homes...On their way back to Redhills the police heard a man shouting at the top of his voice...they found Patrick Brady, very drunk and violent, in company with a man and women....Seeing BRADY so drunk and outrageous in his conduct, and apprehensive that he would get involved in some quarrel on his way home, Constable M'Ilwaine arrested him. BRADY went with them quietly until a stranger ran towards them, and wanted to rescue BRADY...This man was very drunk....he assaulted Constable M'Ilwaine in a violent manner...He was then taken into custody. When opposite DOLAN's public-house, near which three men were standing, Terence M'CALL, one of them, shouted to the prisoners, and the second prisoner threw himself on the ground, and commenced kicking...At length a cry was raised by some persons that the police were loading and the mob dispersed...None of the Constables were seriously injured, although each of them considered that their lives were in danger during the attack....The prisoners were then sent for trial to the Quarter Sessions, and admitted to bail--themselves in £20 each, and two sureties in £10 each.

The Court then rose.


A Bill (as amended by the Select Committee) for the Registration of Birth, Deaths, and Marriages in Ireland. New Title for Third Reading--"An Act for the Registration of Marriages in Ireland." (Prepared and brought in by Mr. Cardwell and Mr. Bagwell)...

A COURAGEOUS ATTEMPT--A few evenings ago as one of the steamers was leaving her berth at the North-wall, a woman fell into the Liffey, and sank almost immediately. Mr. John E. PURDON, 23 Bachelors'-walk, who was standing with the crowd, at once jumped into the river without waiting to divest himself even of his coat, and dived in the direction in which he saw the woman go down. The woman rose to the surface in the mean time and succeeded in grasping a rope which was thrown out to her, and was thus saved. This however does not detract from the laudable effort of Mr. PURDON, who narrowly escaped, to say the least of it, severe injury himself, as the paddles of the steamer were in motion at the time, one of which lightly struck him on the shoulder and tore his coat.

July 27, 1861


Magistrates present:--Theophilus THOMPSON, Esq., in the chair; William BABINGTON, Nathaniel MONTGOMERY, Andrew CARDEN, and Robt. ERSKINE, Esqrs.


John GARRELLY was fined 4s. 4d and costs for the trespass (twice) of thirteen geese, his property, on the meadow and pasture of Patrick SMITH, of Fartan.

John GALLIGAN summoned James LEDDY for the trespass of six head of cattle on complainant's land, on the 13th instant. Defendant (an old man, totally blind) said that the summons was the first intimation he received of the trespass. Complainant said he was afraid to drive the cattle to defendant's house lest complainant should say he injured the cattle, and summon him for it, as he did on a former occasion; but he told defendant's daughter and messenger of the trespass. The Court dismissed the case on the ground that complainant had no complied with the statute--he should have driven the cattle from the place where he found them trespassing to defendant's house, and demanded "trespass."

James BROWN, of Latt, summoned David PALMER for the trespass of two horses on his meadow. ...Defendant swore that the horses did not belong to him--they belonged to a man named SMITH--and his evidence was corroborated by another man. The Court dismissed the case, but declined to allow defendant his costs as they considered he should have told complainant's servant who owned the horses when they were driven to his house.


Robert RAMSAY, of Edenclare, summoned Patk. FITZPATRICK for having wilfully damaged and injured his quick and fence. The defendant is a road contractor, and the alleged injury to the fence--which adjoins the road--was caused by throwing weeds and road scrapings upon it. After much controversy, both parties consented to leave the case to the arbitration of John E. VERNON, Esq., J.P., agent of complainant's landlord.


Thomas SEXTON summoned Mr. George GRAHAM, Clonervy, for 15s. 4d., balance of 226 days' wages earned by plaintiff and his son. The case was of a most complicated nature, and by mutual consent, was left to the arbitration of Mr. Terence SMITH, of Pottle.


Constable James M'CARTHY,of Stradone, summoned __________CUSACK for having built a house upon the roadside at Lavey, within six yards of the public road. The defendant pleaded that he was ignorant of the law when he commenced to build the house....The Chairman, after referring to the Act of Parliament said the County Surveyor had no authority in the matter. The law was quite specific--no person could build a house within less than ten yards of the centre of any public road...The defendant had left himself liable to a penalty of £10 and 10s. for every week until the house was removed, but they would only fine him 1s. and costs, and he should remove the house immediately.


Catherine BRADY was brought up in custody charged with having, on the 19th day of July, stolen four rolls of butter, the property of John SHEENAN, of Derrylena. The butter was produced, and identified by SHEENAN and his daughter, who said they knew it by a twinemark which the trencher left in it, and that a portion of the butter was missing...The prisoner, after having been duly cautioned, pleaded guilty, and said she had worked for SHEENAN for about a month, without receiving any wages....The prisoner was then discharged.


Mr. Thomas REILLY sued Mary RUDDON for 6s. 8d. county cess. Defendant did not appear. Service, &c., having been proved, a decree was given for the amount claimed with costs.


Eliza COLWELL summoned Phillip LYONS for an assault, and Phillip LYONS summoned Eliza COLWELL for trespass. COLWELL is a poor widow, and resides at Shankhill with her brother, who is one of Lord Lanesborough's tenants. LYONS lives the next house to them. A few weeks ago he was fined for assaulting Eliza COLWELL, and warned by the magistrates against a repetition of the offence....The case should have been heard on the previous Court day, but the poor woman was then unable to leave the Infirmary. She appeared extremely feeble, and her head was bandaged....Complainant said she would rather not proceed with the case, being afraid that if she did go on with it, the agent might injure her brother, who sheltered herself and her orphan child.

After some further conversation, their Worships consented to postpone the case until next Court day.


Bartholomew SODON swore informations against Connor DALY for the purpose of compelling him to enter into bail to keep the peace, in accordance with the order of the magistrates on the previous Court day.....

The Court then rose.


On Wednesday last a man named MORTON, who lives at Derryheen, was mowing some meadows for the Rev. Mr. M'CAULEY, a Roman Catholic clergyman, at Drumanny, near Butlersbridge. Whilst sharpening his scythe, the handle slipped, and the blade descended upon his arm with great violence, inflicting severe injuries. He was conveyed to the County Infirmary, where he still remains...A wife and family were depending upon his earnings.

DROWNED--A very sad occurrence took place yesterday afternoon on the lake beside this town. A young man named Michael M'CARTHY, as servant to Captain BUTLER, R.M., was conveying clothes in a punt to or from the washerwoman's, when by some means he overbalanced himself and fell out. He tried to swim to the shore, but being heavily dressed, was unable to accomplish it, and was drowned.--Fermanagh Reporter.


On the 20th inst., at the advanced age of 77 years, the beloved wife of Mr. Robt. GILMORE, of Lisgar, near Bailieborough.



The Hon. Baron HUGHES took his seat at ten o'clock.

Samuel R. MOOREHEAD v. Joseph GUY

Messrs. JOY, Q.C., FERGUSON, Q.C., and M'MAHON, were counsel for the plaintiff, and Messrs. LOWRY, Q.C., Shegog, and HARRISON for defendant. It was an action to try a right of way which the plaintiff asserted he had, by prescriptive right, from his farm and premises at Mount Carmel, in the parish of Aughmullen, and barony of Cremorne, over the defendant's lands and through his avenue to the Rockcoory road. The defendant denied the right of way.

Verdict for the defendant by direction of his lordship, subject to legal points reserved. Attorney for plaintiff--Mr. S. DUDGEON, For defendant--William PARKER.


This case--an action to try a right of way claimed by the plaintiff, by prescription, from her farm at Drumakill--was settled. Counsel for the plaintiff--Messrs. JOY, Q.C., and HARRISON. For defendant--Messrs. FERGUSON, Q.C., and HAMILL.


In this case--an action for malicious prosecution and slander--the jury were discharged of the issues without a verdict. Counsel for the plaintiff--Messrs. HARRISON and HAMILL. For the defendant--Messrs. JOY, Q.C., M'MEHAN, and KAYA.

(Before Right Hon. Baron DEASY and a Special Jury.)


In this case--an action to recover damages for injuries sustained by the plaintiff, while in the employment of the defendant's deceased husband, who was owner of a felt factory at Prince's Dock, Belfast, from a machine called a "devil" or "teaser," which was alleged to have been not securely fenced--the jury returned a verdict for the defendant on all the issues. There were several exceptions taken to his lordship's charge by the counsel for the plaintiff and defendant, which he reserved for consideration of the court above. Counsel for plaintiff-Messrs. FALKINER, HAMILL, and THOMPSON. Attorney--Mr. WATERSON. For defendant--Mrs. JOY, Q.C., FERGUSON, Q.C. and HARRISON.--Attorney--Mr. M'CAY.

William REENAN v. Patrick MAGLONE

This was tried at the last assizes, when the jury disagreed. The plaintiff--a horse-dealer, carrying on trade at Dumfries, in Scotland--sued the plaintiff on foot of an alleged contract for the sale of a horse.

Verdict for the plaintiff, with one farthing damages

The assizes having been concluded, their lordships left town by the afternoon train for Armagh.

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