Published in Cavan, county Cavan
June 1, 1861
CAVAN PETTY SESSIONS--MONDAY
Before W. BABINGTON, Esq., J.P., in the chair; Theophilus THOMPSON, Esq., J.P., and William M. HICKSON, Esq., R.M.
Sub-Constable MOORE summoned a man named LEDDY for having been drunk and disorderly in Butlersbridge on the evening of Saturday, the 18th instant, on which occasion there had been a great many more devotees of Bacchus in that peaceful village than Mr. LEDDY, and so intent were they on their devotions that they "kept it up" in an extremely jolly, though to unbelievers, disagreeable manner, until four o'clock on the following morning. Mr. LEDDY did not appear, but sent in a plea of guilty by a friend. He was fine 5s., or, in default, 48 hours, study on temperance.
Sub-Constable MOORE also summoned a man named Edward WARD for a similar offence at some time and place, and stated that Mr. WARD had been only "simple drunk," at which, as Flagstaff hath it, some hypercritical persons "laughed consumedly;" but, with the pertinacity peculiar to the police force, the Sub-Constable defended his definition, and offered the Court a choice of half a dozen others, such as "only drunk," "nothing but drunk," "not braking the payce," &c. Mr. WARD was "simply" mulcted in a five-shilling contribution to the Consolidated Fund.
Sub-Constable MORAN summoned Margt. LYNCH for having been drunk in the streets of Cavan on the morning of the 19th, and stated that he found that young lady enjoying a cool but refreshing slumber on the flags opposite the shop of Mr. MERTZ, watchmaker. Apprehensive that exposure to the morning air might injure her complexion, he took the liberty of disturbing her repose, and, in a gentle but firm manner, pressed her to accept of his hospitality. Miss LYNCH (who had been dreaming that she slept in "marble halls") was a little irritated at Mr. MORAN's abrupt, though well-intentioned interruption of her slumbers, and refused the invitation. Mr. MORAN, however, was not be repulsed, and succeeded (after receiving a few crinoline contusions through his "regulation" expressibles) in conveying his fair charge to Hospitality Hall. Miss LYNCH pleaded that three moons have waned since she last accepted the expensive hospitality of Sub-Constable MORAN or any of his sable-clad brethren. The Court only charged her 1s., with the usual fees, for her lodging. Miss L. who had mislaid her port-monaie when coming to Court, took her seat in the dress circle, removed her rainbow-tinted Paisley shawl, and entrusted it to an attendant nymph, who speedily translated it into a circular miniature of Victoria Regina. Miss LYNCH was then allowed to wander forth, "in maiden meditation, fancy free."
James SEXTON, a meditative-looking tailor, with an anti Secession chin whisker, and a very soda-waterish expression about the optics, was escorted before the Court by Constable SHEALDS, charged with having been drunk on Sunday night. Mr. SEXTON pleaded that since the infancy of 1860, he had not paid a visit to their Worships; but Constable SHEALDS, who has a disagreeably accurate memory, contradicted this statement, and the Chairman also refreshed Mr. SEXTON's memory a little, and fined him half a crown. Mr. SEXTON, after a fruitless exploration of his pockets and an appealing glance towards their Worships, requested a week's time to pay the fine, which was granted, and he departed homewards--a sadder, if not a wiser tailor--to reflect on the superiority of hot goose and cabbage over "half-ones" and headaches.
Charles QUEALE processed Phillip LEDDY for £1 18s. 4d., price of shop goods, sold and delivered at sundry times from November, 1860, to Feb., 1861. Defendant did not appear, and a decree, with costs, was given.
Phillip MONAGHAN summoned Terence DUNNE, Terence GAFFNEY, and Patrick GAFFNEY, for having assaulted him on Thursday, the 16th inst. Mr. John Armstrong appeared for the complainant and examined witnesses in support of the summons. The evidence was to the effect that defendants forced themselves into complainant's cart, as he was coming from his bog, and when he tried to make them get out of his cart, that they assaulted him. Evidence was also given for the defendants, but the Court considered the charged proved and sentenced the defendants to pay a fine of 2s. 6d. each, with the costs, or, in default, to be imprisoned for one week each.
Richard TUBMAN summoned Simon BREDIN for having used abusive language towards him, calculated to lead to a breach of the peace. Mr. John Armstrong appeared for defendant. The language alleged to have been used was extremely uncomplimentary to Mr. TUBMAN, but the Court did not consider that the case came within their jurisdiction, and, therefore, dismissed it.
PASSING BASE COIN
A young man named CUNNINGHAM, a stucco plasterer, was charged on the information of Mrs. Mary REILLY, publican, of this town, with having passed a counterfeit coin instead of a sovereign.
Mr. John Armstrong appeared for the complainant, and stated the case.
Sub-Constable EDWARDS handed up the coin alleged to have been passed by defendant.
Mr. HICKSON said it was a kind of medal, and not base coin.
There was no attempt at a representation of any coin, and therefore defendant could not be convicted of passing base coin.
(Examination of Mrs. REILLY)
Michael BRANAGAN, son-in-law to Mrs. REILLY, was next examined as to hearing CUNNINGHAM offer to lay wagers of sovereigns, but his evidence only amounted to hearing him the night before the occurrence in question...but he could not tell any amount.
CONARTY and M'GOVERN, the two young men who were with defendant in Mrs. REILLY's house, were then examined. They gave their evidence in a very straight-forward manner, and positively swore that CUNNINGHAM gave Mrs. REILLY a shilling, after the drink he ordered...that she gave him only coppers in change, and that it would be impossible for him to get any other description of coins from her without their seeing it....They were cross-examined at some length by Mr. Armstrong, but did not vary in their testimony, and the Court dismissed the case.
There were only one or two other cases, of no public interest.
ARRIVAL OF NUNS IN CAVAN--The large building, nearly opposite the OBSERVER office, lately erected by the Right Rev. Dr. BROWNE, is it appears intended for a convent, as three ladies belonging to the order named the "Little Sisters of St. Clair," have arrived and taken up their abode there. The order is, we believe, like the "Ursuline," an educational confraternity, and the members of it in this town will, it is said, conduct a female school.--The building in which they are located is a most commodious one, and reflects great credit upon Mr. Henry M'GURK, the builder.
On Wednesday night, the wife of Mr. John GANNON, merchant, Cavan, of a daughter. May 28, at Ardmore Cottage, Armagh, the wife of Richard LILBURN, Esq., Editor of the Armagh Guaardian, of a daughter.
Suddenly of disease of the heart, on Sunday morning, Mr. James REILLY, P.L.G., Proprietor of the Farnham Arms Hotel, Cavan, who, during a long career of honourable industry, maintained to the last the respect and good wishes of his fellow-townsmen and all who knew him. His remains were interred in the Roman Catholic chapel yard of this town on Monday evening.
THE LATE ATTEMPT AT ASSASSINATION IN WESTMEATH--A man named LARKIN, who had been arrested and kept in custody on suspicion of having been concerned in the murderous attack on Mr. Laurence MONAGHAN, on a Sunday morning, at Castletowndelvin, the County of Westmeath, has been brought before Mr. MONAGHAN and his wife, when both instantly, and in the most positive manner, pronounced him to be one of the three men who stopped their car and brutally attempted to murder him. Sir Benjamin CHAPMAN took the informations of the parties, and LARKIN was fully committed to stand his trial at the ensuing assizes at Mullingar...
DESPARATE ATTEMPT--On Thursday last two county bailiffs, named John HUMPHRIES and James POOLE, went to levy an execution in the house of a collier named T. TERRY, living at Cosley. A woman named PARKES lived with TERRY. When the bailiffs entered the house, the female became very violent. She declared she would blow the house up, and catching hold of a bag containing 31lb. of gunpowder, she threw it on the fire. Providentially it lodged on the top bar, and one of the bailiffs had time to snatch it away...HUMPHRIES raked the fire out immediately and while he was doing this the woman PARKES struck him a violent blow over the head with the poker, while TERRY attempted to throw some fire on the bag of powder, but his diabolical intention was defeated, and he was handcuffed. PARKES, however, still persisted in her attempts, and seizing two handfuls of powder threw them on the fire; but the explosions that ensued happily produced no injury. Both parties were eventually secured and lodged in gaol.
June 8, 1861
CAVAN PETTY SESSIONS--MONDAY
(Before William BABINGTON, Esq., J.P.)
Patrick KEOGH was fined 2s. 6d. for having been drunk in the public street of Butlersbridge on Sunday, the 26th May.
Hugh SMITH summoned Michael SMITH for the trespass of some cattle, and also for an assault. Mr. Knipe appeared for the defendant. Both cases were dismissed, as it appeared that complainant refused to "make up" the portion of the mearing fence which fell to his share upon arbitration, and that the trespass and alleged assault arose in consequence of this refusal. His Worship recommended the parties to adjust their differences and live in peace.
Michael BRADY was sentenced to a fortnight's imprisonment for assaulting a young lad named Charles M'MANUS.
Anne BRIARTY and Anne REILLY were brought up in custody, charged on the information of Sub-Constable CONNELL with having a quantity of wearing apparel in their possession supposed to have been stolen. Mr. John Armstrong appeared for the defendants. There was no evidence beyond suspicion against the defendants, and as the police did not ask for a remand, his Worship ordered the young ladies to be discharged.
William STEELE, alias Thomas ROCHE, an individual arrested in Cavan on the 25th May, on suspicion of being a deserter from H.M.S. Cornwallis, was brought up in custody, and as there was no evidence against him, he was discharged.
Patrick M'DONNELL summoned Patt FLOOD, relative to a dog belonging to him which bit complainant's daughter. The defence was that the little girl provoked the dog, which was not dangerous. After the examination of complainant's daughter and defendant's servant boy, his Worship postponed the case for further evidence.
John HAZLIPPE summoned a young lad named Owen NEILL for having unlawfully left his service.--His Worship did not consider the excuse given by defendant sufficient, and ordered him to return to HAZLIPPE's employment.
Francis REILLY was fined 5s. and costs for having allowed a number of fowl to trespass on a plot of flax belonging to Bridget SMITH.
Two men name M'CONNELL and MOORE were charged with having obstructed the police in the discharge of their duty. It appeared that a row occurred in John MAGUIRE's public house in Bridge-street on Sunday night, and he sent for the police in order to have the rioters removed. The defendants caused the police considerable trouble and annoyance, but did not commit any assault. His Worship, after administering a lengthened caution, allowed the defendants to be discharged.
Ellen DEMPSY was charged with having stolen a pot, value one shilling, the property of Matthew TULLY, Esq. She pleaded guilty, but his Worship remanded the case for a week.
The Court then rose.
LANDED ESTATES COURT--THURSDAY
(Before Judge DOBBS.)
COUNTY OF CAVAN
Part of the lands of Cliffernagh, with mill, kiln, and buildings, in the barony of Tullygarvey, held under lease for three lives or 31 years, from 1st May, 1853.
The land contained 53 acres 1 rood, and 33 perches, with estimated rent of £82.
Mr. CANAHER purchased, in trust, for the Rev. Mr. BRADY, for £605. Mr. John DUDGEON, solicitor.
FIRE IN CAVAN--On yesterday a fire broke out in the bakehouse of Mr. A. ELLIS, Bridge-street, but by the prompt and active assistance of the Militia, Constabulary, and other parties, it was speedily suppressed.
FIRE AT ARVAGH--At half-past eleven o'clock on last Saturday night a fire broke out at the rere of the concerns of Mr. VANCE of Arvagh, who keeps a large woolen-drapery establishment and timberyard. The Constabulary, under the command of G. F. H. M'CLINTOCK, Esq., were soon on the spot, and, owing to their exertion, ably assisted by the townspeople, whose conduct on the occasion was most praiseworthy, the fire was got under after burning for upwards of half an hour....
ADVERTISEMENT TO CREDITORS, LEGATEES, AND INCUMBRANCERS CAUSE PETITION
Under "The Court of Chancery (Ireland) Regulation Act, 1850" 15th Section
In the Matter of
Anne SCOLLEN, Administratrix of Francis SWEENY, late of Clones in the County of Monaghan, deceased, and
Thomas SCOLLEN, Petitioners;
The Rev. James SMITH, Parish Priest, Respondent.
I hereby require all persons claiming to the Creditors or next of Kin of Francis SWEENY, late of Clones, in the County of Monaghan, deceased, on or before the 28th day of June 1861, to furnish in writing to the Petition, Anne SCOLLEN, or her Solicitor, Mr. Ralph SCOTT, of No. 29 Upper Gloucester street, Dublin, the Amount and particulars of their several demands....
Dated this 31st day of May 1816.
William BROOKE, Master in Chancery
Ralph SCOTT, Solicitor for the Petitioner, 29, Upper Gloucester-street, Dublin.
June 15, 1861
DIVISION OF CAVAN
A List of Applications received by the Clerk of the Peace from Persons seeking
for the Sale of Beer, Spirits, &c....
AT CAVAN, On MONDAY, thee 24th of JUNE, 1861,
Immediately after the Grand Jury shall have been sworn:--
NAME RESIDENCE PARISH BARONY 1. BRADY, Bernard Main-street, Cavan Urney Upper Loughtee 2. CASSIDY, James Corraquigley Doura Tullyhaw 3. DONOHOE, Owen Main-street, Ballyconnell Tomregan Tullyhaw 4. DINNENY, Thomas Main street, Killeshandra Killeshandra Tullyhunco 5. FITZPATRICK, Rose Milltown Drumlane Lower Loughtee 6. KENNEDY, James Kilcunny Drumlane Lower Loughtee 7. KIERNAN, Patrick Ballinagh Kilmore --- 8. O'REILLY, Daniel Main-street, Cavan Urney Upper Loughtee 9. PATTERSON, Mary Railway Road, Cavan Urney Upper Loughtee
DIVISION OF COOTEHILL
1. CLARKE, John Main-street, Mullagh Mullagh Castleraghan 2. HEERY, James Market-street, Virginia Lurgan Castleraghan 3. MAGORRY, John Main-street, Bailieborough Bailieborough Clonkee 4. M'ENIFF, Michael Bridge-street, Cootehill Drumgoon Tullygarvey 5. SORAGHAN, Patrick Kingscourt Enniskeen Clonkee 6. TIMMON, Thomas & James M'ENTEE, Partners Market-street, Cootehill Drumgoon Tullygarvey
WELL DESERVED PROMOTION--Mr. Thomas Francis FAY, cashier in the Ulster Bank, Cavan, has been promoted to the Managership of the Ulster Bank in Trim...
AWFULLY SUDDEN DEATH OF A METHODIST MINISTER--One of the most sudden deaths it has been our painful duty for some time to record, is that of the Rev. William HERBERT, Primitive Wesleyan minister, which took place at Antrim, on Tuesday evening last. Mr. HERBERT had been absent from home for a few days, and had just returned, apparently in good health. After dinner he went out into his garden...and on returning into his house, and while in the act of washing his hands in the scullery, his servant maid heard a noise like something falling and on looking into see what it was, she saw the deceased lying on his back on the floor,...Medical aid was instantly sent for and Dr. NIXON and Dr. TAGGART were in immediate attendance....An inquest was held on the body on Wednesday, by Alexander MARKHAM, Esq., Coroner, and a highly respectable jury, before whom Dr. NIXON stated in evidence that "rupture of the heart, or some of the vessels in connection with it, was the immediate cause of death" and the jury returned a verdict accordingly.
CAVAN PETTY SESSION--MONDAY
Magistrates present--Theophilus THOMPSON, Esq., Chairman' Robert BURROWES, Esq., D. L.; Wm. BABINGTON, Esq., and a CARDEN, Esq.
TRESPASS AND ASSAULT
Bernard REILLY summoned Francis REILLY for having trespassed on his holding, at Lisnashanna, on the 3rd instant, although previously cautioned against doing so; and Francis REILLY summoned Bernard REILLY for having assaulted him at same time and place. The defence to the first charge was that the portion of complainant's holding on which defendant trespassed was a free pass, to the use of which he was entitled, but this statement was unsupported by evidence, and contradicted by complainant's witnesses. The Court imposed a fine of 1s. and costs. The charge of assault was dismissed.
Mrs. Ellen DEMPSY, in whose craniologicalconstruction the toublesome bumps of "combativeness" and "acquisitiveness" must occupy a distinguished pre-eminence in the scale of development, was charged with having, on the night of 24th of May, or early on the following morning, stolen a pot, the property of Mr. Matthew TULLY, solicitor. On the previous Court day Mrs. D. pleaded guilty to the charge, but as only one magistrate was present, the case was adjourned. The only witness examined was Susan OLVANY, servant to Mr. TULLY, who proved that she found the stolen pot in Mrs. MAGUIRE's pawn-office, and was informed that the accused had pawned it there...She pleaded guilty, frankly admitting that she could not excuse her appropriation of the pot on the ground of poverty...She had no wish to go before a higher tribunal...Mr. TULLY did not wish to have the prisoner severely punished, but as several robberies have been committed in this town lately, their Worships considered it their duty to order the "Diver" to retire from fashionable life for the space of one month.
James SMITH and Terence MURRAY were charged with having assaulted Sergeant William ELLIOTT, of the Cavan Militia, on the evening of the 4th inst. Informations had been taken in the case. For the prosecution Sergeants ELLIOTT and WALSH, Corporal BYRNE, and Private Robert BROWN were examined. From their evidence it appeared that about twenty minutes past nine o'clock on the evening of the 4th inst., Sergeant ELLIOTT, when visiting the billets, saw a private of his regiment, name SHERIDAN, drunk in the Main-street. ELLIOTT took charge of this man, and was bringing him to his billet, when SMITH interfered, and said he would take charge of him. ELLIOTT cautioned SMITH against interfering. SHERIDAN said he would go quietly with ELLIOTT, but a few minutes afterwards he knocked ELLIOTT down, and ran away. ELLIOTT succeeded in recapturing him, and with Sergeant WALSH's assistance, was bringing him to the barrack, but they were followed by a riotous mob of two or three hundred persons, of whom SMITH was the most prominent.....The witnesses were ably cross-examined by Mr. John Armstrong, on the part of the defendants, but their direct evidence remained unshaken. Evidence for the defence was then gone into. Patrick M'CABE, William MAGINNESS, John MAGUIRE, Thos. SHEERAN, Owen WOODS, Michael MAGINNESS, Jas. MAGINNESS, and Michael BRADY were the witnesses examined, and they all swore that although present at the riot, they did not see the defendants commit any assault. Mr. GALOGLY and Mr. R. H. MERVYN gave an excellent character of MURRAY, and Sub-Inspector NAPIER a very bad one of SMITH. The Court considered the charge of assault proved in both cases, and sentenced SMITH to two months' and MURRAY to one month's imprisonment, with hard labour. The defendants applied to have a fine substituted, but the Court refused the application. SMITH gave notice of appeal. MURRAY then applied to have his sentence changed to two months' imprisonment, in order to give him the right of appeal, but the Court refused to do so.
Their Worships then retired for the purpose of privately investigating a charge of rape preferred against a man named Patrick KELLAGHER, from the neighborhood of Butlersbridge. Messrs. Knipe and Armstrong were engaged for the defence. The investigation lasted about half an hour. The case was sent for trial to the Quarter Sessions--the prisoner being admitted to bail--himself in the sum of £50 and two sureties in £40 each.
On the return of their Worships, the following, and two or three other trifling cases, were disposed of, after which the Court adjourned.
Adam LOWDEN obtained a decree to possession of two houses held by Bernard DEMPSY (the "Diver's" husband) and Catherine M'GOVERN ("Sap's" wife), as weekly tenants, the tenancy having expired by notice to quit, &c.
Mr. Edward O'CONNOR had a civil bill process against Thomas SHERIDAN, of Drumskea, for 14s. 6d., price of a pair of boots, and 1s., cash lent. Defendant did not appear, and service, &c., having been proved, a decree was given for the amount claimed, with costs.
June 22, 1861
CAVAN PETTY SESSIONS--MONDAY
Magistrates present:--Theophilus THOMPSON, Esq., Chairman; Wm. BABINGTON, Esq.; Captain CARDEN, and W. M. HICKSON, Esq., R.M.
RENT AGAINST WAGES
James HAGUE summoned Hugh BRADY for 2s. 6d., balance of wages earned at sundry times during the present year, According to the evidence, however, there was nothing due to him, as he rents a house from defendant, and the work was given in lieu of rent. The Court dismissed the case.
FAULTS ON BOTH SIDES
Mary FARRELLY summoned James RUDDY for £1, 12s. 6d., wages agreed to be paid from May to November, 1861, defendant having beat and turned away plaintiff; and James RUDDY summoned Mary FARRELLY for having refused to obey his lawful commands and otherwise misconducted herself, she being his hired servant at the time.--Miss FARRELLY deposed that she hired with RUDDY in May last, for the half-year, and was to receive £1 12s. 6d. wages; FARRELLY wished her to go to Mass, but she refused to do so, as she had no shoes; he insisted, and compelled her to go; on her return he abused her for walking with a girl belonging to the neighbourhood; she said she would "keep company" with any girl she pleased; he denied her right to do so, and said that in case she did so he would not keep her in his service, to which she retorted by thanking her stars that there were "plenty of better places than his in the country;" he then told her to go and pick some potatoes in the garden, and on her refusing to do so he knocked her down, kicked her, beat her, and told her to leave the house; on several occasions previously he had beaten her, and she was willing to forfeit her wages, and bear any punishment the Court might inflict, sooner then go back to him. RUDDY's statement was to the effect that the girl was badly inclined; she would not go to Mass on Sundays because she had no shoes, but the want of shoes did not prevent her from rambling about the entire day; she persisted in associating with a "lassie" against whom he deemed it his duty to warn her, and who was in the habit of making her stay out late at night;....he believed that she brought her summons in order that she might hire in the house next to his, but was willing to take her back if she promised to conduct herself properly. The Court considered that there had been faults on both sides; the girl might have been impudent, but RUDDY had no right to take the law into his own hands; they, therefore, discharged her from RUDDY's service, giving her a decree for a months wages (5s. 6d.) and costs.
James KENNY was fined 6d. and costs for having allowed his ass to wander unattended on the public road.
Andrew LUKE was fined 6d. and costs for a similar offence.
Patrick MARTIN was fined 1s. 6d. and costs for having allowed three head of cattle to wander on the public road.
Constable James M'CARTHY, of Stradone, prosecuted.
___________M'DONNELL summoned Patrick FLOOD for having, at Raskill, on the 27th of May, kept at large a dangerous dog, unlogged and unmuzzled, which attacked and injured complainant's daughter; and for having kept said dog at large...on the 12th of June. The case was postponed on the previous Court day. Mr. John Armstrong appeared for the defendant, and previous to the hearing of the case, contended that the summons should have been for keeping a dangerous dog at large within fifty yards of a public road, but the Court overruled the object, and determined to deal with the case....On the morning of the 27th ultimo M'DONNELL's daughter was getting water at this well. FLOOD's servant boy, CULLIVAN, and his dog, "Captain," were near the well. The little girl playfully threw the 'rinsing" of her gallon at CULLIVAN. He ran towards her and, as she swore, called to the dog to "mind her, Captain," upon which the dog leaped at and bit her severely in the arm, but CULLIVAN swore that he told her to "mind the dog" and that she irritated the dog by shaking a stick and "hissing" at him. A little girl named Bridget REILLY admitted that CULLIVAN had said "Mind her, Captain,", but she believed Captain would not have injured the girl if she had not interfered with CULLIVAN...The Court considered that however amiable the Captain's disposition might naturally be, his acts were not inconsistent with a quarrelsome temper, and sentenced him to be executed within 24 hours, FLOOD to pay the costs of the summons. FLOOD expressed great dissatisfaction with the sentence, and applied for a reprieve, which was refused.
A WARRIOR IN TROUBLE
Sergeant-Major CHINNERY, of the Cavan Militia, appeared to prosecute a nervous-looking warrior, rejoicing the classic patronymic of Jemmy DOLAN, for having absented himself from the last training of the Leitrim Rifles, at Carrick-on-Shannon, on the 22nd of May. It appears that Jemmy, tired of the inglorious obscurity of a pastoral life, anxious to add a strong arm and stout heart to the number of his country's defenders, and encircle with a halo of military glory the historic name of DOLAN, cast aside his spads, and came into Cavan on warlike deeds latent. Keen-witted recruiting sergeants cast longing looks upon the stalwart form of the embryo Marlborough and into the "portals of his ear did pour" flattering tales of the affection which a grateful country would feel for such an addition. Jemmy....preferred that his introduction to the Cavan Militia...should be effected through the agency of a veteran from his own neighbourhood, and one was speedily found from whom Jemmy exacted a solemn promise to wet his commission with the "bringing money." The purpose was effected; (transcriber's note: Lengthy discussion of how Jemmy did not live up to expectations)...The Court at first felt some difficulty in dealing with the case, as the offence was committed at Carrick-on-Shannon; but the Sergeant Major stated that such cases are dealt with wherever the offenders are arrested. Jemmy was then sentenced to pay a fine of £1, or be imprisoned for a month. Not having any cash convenient, he was obliged to retire.
A respectably-dressed man, name William SCOTT, of Corgarliffe, near Ballyhaise, was committed to gaol as a lunatic. His principal hallucinations appear to be that the police are in league to murder him--that he is owner of several counties, High Sheriff, cousin to the Queen, &c. He addressed the Court at great length. He had been in the asylum for a long time.
There were two or three other cases of a trifling character.
June 19, at the residence of his father, William, son of William SMITH, Esq., J.P., Drumheel House, near Cavan, aged 23.
COUNTY LONGFORD--A new writ has been issued for this county, Colonel WHITE having resigned his seat. It is said that Mr. O'HAGAN will try his chance.
DEATH BY DROWNING--We regret to announce a very melancholy accident which occurred on Tuesday evening. A young man named John REILLY, a native of Lisnaskea, was bathing at Lough Swellan, at about half-past nine o'clock, in company with three others, named James SHANNON, Robert MURPHY and John TONER. Deceased had only swam a few yards from the shore when TONER observed him sinking, and called out to SHANNON, who endeavoured to save him....The police, a number of the Militia, and a great concourse of the townspeople were at the spot in a short time, and active search was commenced for the body. Mr. John MURPHY, watchmaker, dived several times, and succeeded in discovering the whereabouts of the body, but was unable to bring it to the surface. Sergeant WITHERS, of the Cavan Militia, and Sub-Constable SHELLY were both most active...An inquest was held on the following day, before William POLLOCK, Esq., Coroner, and a respectable jury, and verdict in accordance with the above facts returned. REILLY was a sober, well-conducted young man, and the grief of his father and brother, who were both present at the finding of the body, was most heart-rending.
THE LATE MURDER IN THE KING'S COUNTY--FINAL EXAMINATION AND COMMITTAL OF THE ACCUSED.
PARSONSTOWN, WEDNESDAY--This afternoon Wm. and George BARBER (brothers), who stand charged with the murder of Edward GORMAN, within two miles of this town, were brought up for final examination before Henry G. CURRAN, Esq., Resident Magistrate. It will be recollected that the deceased was waylaid when returning from the races at Clonkelly, and so savagely beaten that he died from the injuries on the following morning...Evidence as to the criminality of the two prisoners has been given by several witnesses, the exact nature of which has not transpired, but it is believed to be more of a circumstantial nature than direct; and the motive attributed for the murder is, that the unfortunate deceased gave testimony against their father in a game prosecution at Petty Sessions in March last. The prisoners declined to make any statement and were fully committed to the county gaol at Tullamore for trial at the approaching assizes.
June 29, 1861
CAVAN QUARTER SESSIONS
The June Quarter Sessions for this division of the County commenced at ten o'clock on Monday, before P. M. MURPHY, Esq., Q.C., Chairman of the County.
THE GRAND JURY: Thomas HARTLEY, Esq., Countenan, Foreman; Edward KENNEDY, Cavan; William MOORE BLACK, Cavan; James KILROY, Turia; James MORROW, Deerpark Lodge; Henry DOUGLAS, Cavan; Francis Edward HUDDLESTON, Gartenardris; Philip SMITH, Carricknavdin; Samuel KENNY, Runanodnine; Philip SMITH, Castlecosby; John PRUNTY, Ballyhaise; James HARTLEY, Cavan; Alexander KETTYLE, Cavan; Edward FEGAN, Cavan; Hugh PORTER, Cluggagh; Henry NESBITT, Raheg; John MOORE, Lisdarren, Esqrs.
The Grand Jury having retired to consider the bills given them in charge, the Court proceeded to hear the
In re Elizabeth CAROLAN, Cootehill
Mr. Jas. Armstrong opposed, on behalf of Messrs. BAKER, WARDEL, and Co., of Dublin, on the ground that the Insolvent, who is a widow, had returned in her schedule debts contracted by her late husband, that she had received sums of money since her husband's death for which she did not account in her schedule, and that her arrest had been a "friendly" one for the purpose of giving her an opportunity of appearing before his Worship.
The Insolvent was examined, and denied the allegations made by Mr. Armstrong, who then stated that he could not sustain his opposition by evidence, and the insolvent was discharged.
In re James M'KENNA
Mr. Knipe appeared for the insolvent. Mr. James Armstrong opposed on behalf of Mr. John MOORE, Newry. The grounds of opposition were that in March last the insolvent ordered a chest of tea and some sugar--the price of which amounted to £16 9s. 2d.--from Mr. MOORE's traveller, on the very eve of his insolvency. Mr. MOORE's traveller told him that he would require payment for the goods in two months, and the insolvent promised to comply with these terms. He received the goods, but although noticed at the expiration of the two months, never paid a penny for the goods, and became a bankrupt a short time afterwards.
Hugh MONTGOMERY, Mr. MOORE's traveller, was examined in support of these statements, and cross-examined by Mr. Knipe.
The insolvent was then examined by Mr. Knipe. He swore that he only ordered a quarter of a chest of tea, although MONTGOMERY sent him half a chest of tea, and double the quantity of sugar...He admitted having sold the tea and sugar, and applied the price to his own use.
His Worship said the case was one of fraud, and dismissed the petition.
Mr. Knipe applied to the case postponed until the following morning, in order to try if a settlement could be effected.
Chairman--Very well; let it stand until tomorrow morning, and try if you can act honestly before then.
In re Edward DIXON--Mr. Knipe appeared for the insolvent. There was no opposition, and he was discharged.
In re John LYONS--This insolvent was also discharged--there being no opposition.
In re James M'GOVERN
Mr. John Armstrong opposed on behalf of three creditors. Mr. Knipe appeared for the insolvent, and stated that his client did not wish to take the benefit of the act. He was able to pay 10s. in the pound, and expected money from a friend in Australia which would enable him to pay 20s in the pound. He therefore applied to have the case postponed until next Cavan Quarter Sessions. The application was granted.
In re John FOY
The insolvent is a merchant of Cootehill in which town he has carried on business for the last fifty years. His case was postponed from last Quarter Session.
Mr. M'Gauran appeared for the insolvent. Mr. James Armstrong opposed, on behalf of the Mr. CARROLL, Dundalk; and Mr. Knipe on behalf of Baggott, Hutton & Co. The case were argued at some length, after which it was arranged that the insolvent should be discharged, and an assignee appointed.
Owen O'NEILLE, John SHORT, and Patrick REILLY were arraigned and pleaded not guilty to an indictment charging them with a riot and affray at Ballymagovern, on 23rd May. On the application of the Crown Solicitor the prisoners were discharged, on entering into their own recognizances in the sum of each to appear and take their trial when called upon, on receiving fourteen days' notice
A respectable Petty Jury having been sworn,
John REYNOLDS was indicted for having, on the night of the 16th, or morning of the 17th of May, feloniously stolen and run away from the farm of Mr. CARMICHAEL, on the lands of Monery, two heifers--one the property of Charles TREE, and the other the property of Bernard MAGUIRE; a second count charged him with having said heifers in his possession well knowing them to have been stolen.
The prisoner pleaded not guilty. He was undefended....The prisoner had been previous to the offence in Mr. CARMICHAEL's employment as a labourer....Constable BRENAN, of Coroneary station, while on duty in Longfield fair, received informations that the prisoner was endeavouring to dispose of the heifers for less than their value....the prisoner (who is about forty-five years of age) said he had no fixed residence; that he was born in the lower part of this county, and was reared in North American...He was sentenced to eighteen months' imprisonment. The prisoner asked to have his sentence changed to penal servitude, but the application was refused.
Patrick KELLAHER, charged with having committed a (illegible) the person of Ellen FLOOD, was called, but the Crown Solicitor declined to prosecute, and the prisoner was therefore discharged.
Patarick TRACY was indicted for having at Cavan on the 14th of May, assaulted Bernard HILL, and stolen from his person a cap, value 2s. 6d., a purse value 1s., and containing half a sovereign and 17s. in silver.
The prisoner pleaded not guilty. He was undefended....Bernard HILL was the only witness examined for the prosecution. The particulars of the case were given in our Petty Sessions report at the time the prisoner was committed for trial...The jury found the prisoner guilty.
G. R. GALOGLY, Esq., Governor of Cavan Gaol, proved that the prisoner was convicted of robbery, and sentenced to three months' imprisonment in January 1854, and that he was afterwards in custody in Cavan Gaol for another robbery, but was not convicted.
William SCOTT was indicted for having, at Corgariff, on the 16th of June, assaulted Sub-constable M'PARTLAND. SCOTT is a lunatic who was committed at last Cavan Petty Sessions Court.
The issues for the jury to try were--"was the prisoner, William SCOTT, able to plead to the indictment, and was he sane or not."...Dr. MEAZE said that the prisoner was never violent towards others, but was a person who might attempt his own life, and it would be better that he should be kept in custody. The Jury adhered to their verdict, and the prisoner was sent back to gaol...denying that he was insane.
Michael MANNING was indicted for having, at Killeshandra, on the 21st of June, stolen a purse, value 1s, and a sum of money, from the person of Charles LEE; a second count charged him with having had the money in his possession, knowing it to have been stolen. The prisoner pleaded not guilty.
The Crown Solicitor said he did not think he would be justified in proceeding with the case. LEE, who had sworn the informations, was a person of unsound mind. About a year ago he charged a man named REILLY, living in Ballinagh, with having robbed him, and the charge turned out to be untrue....LEE described the money stolen from him, but in a rambling, unconnected manner.
Head Constable GIBSON said that the prisoner had 13l. on his person when arrested, and had endeavoured to throw away the money. A few hours before, when arrested on suspicion, he had no money. His Worship agreed in the course taken by the Crown Solicitor. The prisoner should be discharged, and the money found upon him given to the Clerk of the Pease. If at next Quarter Sessions the prisoner established his claim to the money, it would be given back to him.
Charles CONATY was indicted for having, at Crosskeys, on the 31st of March, assaulted Patrick LYNCH, so as to do him actual bodily harm; with having been guilty of a common assault on Patrick LYNCH; and with having been engaged in an affray and riotous assembly. The prisoner pleaded not guilty....The prisoner (whose father is a tenant of Robert BURROWES, Esq.) received a most excellent character from several witnesses. The jury, after a long deliberation, returned a verdict of not guilty
Catherine LYNCH pleaded guilty to a charged of having stolen a piece of hempen rope. The Governor of the gaol proved that the prisoner had been previously convicted, and that she was a notorious shoplifter. She was sentenced to six months' imprisonment.
The Official Assignees of John MORTON, jun., v. John MORTON, senior
Mr. James Armstrong stated the case for the plaintiffs. It was an issue sent to his Worship by Judge BETWICK for trial. The defendant resided in Belturbet, and in the year 1852 obtained for his son the situation of Postmaster in that town. The son, it was alleged, advanced from time to time certain sums of money to his father from the receipts of the post office--the monies of the Postmaster General--and, in consequence of this and other causes, he became a defaulter to the Post-office, and had to resign his situation as Postmaster. He afterward became an insolvent...
Mr. MORTON, jun., who was dressed in the uniform of the 63rd Regiment, was then examined by Mr. Armstrong, and produced a book containing an account of the various sums advanced by him to his father...Mr. MORTON, senior, was also examined, and proved that he had paid large sums of money on his son's account--to his son's securities, for the rent of office, &c.
His Worship, at the close of the evidence, said he would dismiss the case on the merits. Nearly all the sums alleged to have been given to Mr. MORTON by his son were barred of recovery by the statute of limitations...
M'LENAHAN v. M'BRIDE
This was an ejectment brought to recover possession of a house in the Main-street of this town, occupied by defendant, who is a publican and baker, and which house plaintiff requires for the use of his own family.
Mr. TULLY appeared for the plaintiff, and Mr. M'GAURAN for the defendant.
Mr. M'Gauran raised several technical points for the defence, but they were overruled by his Worship, who gave a decree to possession...Defendant was allowed to 1st August next to provide another house.
The Lord Bishop of Kilmore, Elphin, and Ardagh, v. Robert FLOOD and others
This was an ejectment brought to recover possession of certain lands held by defendant as tenant from year to year...Mr. Armstrong, formerly land agent to the plaintiff, who was then confined in the Marshalsea in Dublin, and who, it was alleged, could prove that FLOOD held under a promise of a lease. Mr. Knipe applied for a further postponement of the case...Mr. Armstrong resisted the application on the part of the plaintiff, and said he was in a position to disprove the evidence which the defendant alleged could be given by Armstrong...His Worship gave a decree to possession.
Patrick TULLY v. Patrick MAGENNIS
This was an action for loss and damage sustained by plaintiff in consequence of defendant having sold him on the 18th of May, at Ballyhaise, a cow, warranted all right and sound, said cow being, at the time of sale, internally diseased. The price given for the cow was £9 15s. Plaintiff alleged that it "got sick right a head," and died on the 2nd of June, notwithstanding the skilful treatment of Peter TULLY, who deposed that he "physicked her with salts, thraycle, nithre, crayme o' tarthar, and sulphur,".....His Worship considered that plaintiff had caused the death of the cow, and dismissed the case.
James HAMILTON v. Hugh CASSIDY
This was an action for £30, loss and damage sustained by plaintiff, in consequence of defendant having sold him a horse warranted all right and sound, but which, at the time of sale, was infected with glanders, and afterwards communicated the disease to defendant's mare.
A jury was sworn to try the case, who found that the horse was unsound at the time of sale, but that no engagement had been given.
Ellen FITZPATRICK v. Sylvester WALLACE
This was an action of £20, loss and damage sustained by plaintiff, in consequence of the ill-treatment of defendant.
Mr. M'GAURAN stated the plaintiff's case. The plaintiff had been servant for nearly two years to the defendant, who is a publican and grocer carrying on business in the Main-street of this town. During the time she had been seriously ill-treated by defendant on several occasions, but more particularly on the morning of the 9th of April...By direction of his Worship, the defendant was called up and examined. He denied "in toto" the statements of plaintiff.
(Transcriber's note: Witnesses for plaintiff, Cornelius COSGRAVE, assistant in defendant's shop, a "woman named TREVOR corroborated plaintiff' testimony; other witnesses for plaintiff were Edward FINLAY, Porter to the Cavan Workhouse and Mrs. REILLY, Shankill.)
The jury, after a long consultation, left the Court, and after some time, returned with a verdict for the plaintiff, for £5 and costs.
Peter BRADY v. the Right Rev. Dr. BROWNE
This case, which excited considerable interest in court and throughout the town and neighbourhood, was an action brought by the plaintiff to recover the sum of £40, under a contract entered into by him with the defendant, to execute certain works for the enlargement of the Roman Catholic chapel of this town.
Messrs. James and John Armstrong appeared for the plaintiff, and Messrs. M'GAURAN and TULLY for the defendant.
A special jury of twelve was sworn to try the case....
In the latter end of 1858, the plaintiff entered into a contract with the defendant to execute the works required for the enlargement of the chapel, for a sum of £540. The plaintiff, in pursuance of this agreement, commenced the execution of his contract, and carried it on until the month of October 1859, when he found that he could not go on any longer with the work--that, in fact, he had expended upon the work a sum larger than that engaged to be paid by the defendant. He represented his claim to the defendant...who told him to get the work measured, and that he would not see him at a loss. He did so, and got a Mr. REGAN to measure the work. This gentleman would be produced, and would prove that he considered the work done by defendant to amount to £665. Plaintiff had received £500 on foot of contract; but, finally, he gave up the work altogether, and it was finished by defendant....Mr. Armstrong said the new contract or agreement was a verbal one. (Lengthy discussion)...The jury retired and after a brief consultation, stated that they considered that no new contract had been entered into, and that plaintiff had been treated most kindly by defendant.
The Executors of the late Captain O'REILLY, of Annagh, v. Mrs. O"REILLY
Mr. Knipe stated the case for the plaintiffs. It was an action brought by Dr. BRADY, M.P., for the county of Leitrim, and Mrs. Thomas O'REILLY, executors of the late Captain O"REILLY, of Annagh, to compel the widow of Captain O'REILLY to deliver up to them certain articles--viz, a gold watch, a silver watch, a diamond pin, a brooch, and two rings. The case might be a painful one to Mrs. O'REILLY, but the plaintiffs, as the executors of her late husband, were compelled, on the part of the legatees, to bring the action.
Mr. John Armstrong appeared for Mrs. O'Reilly, and the allegation for the defence was that the articles claimed by plaintiff, or at least some of them, were the property of defendant, the gold watch being a gift presented to her by her late husband before her marriage with him, and that one of the rings was her wedding ring.
Miss Lucy FITZPATRIK (sic), niece to Captain O'Reilly, who claimed the articles as gifts from her late uncle; Mr. Thomas O'Reilly, one of the executors, and the defendant were examined. His Worship...directed the jury (three gentlemen previously sworn) to find a verdict for the plaintiffs...The jury having returned this verdict.
His Worship said he would give a decree for £5 against the defendant, to be turned into a dismiss without costs, if she gave up the articles claimed. Mr. Armstrong engaged that his client would give up the articles.
James WILSON v. Matthew LOUGH
It was an action for breach of warranty. Defendant had sold to plaintiff a quantity of seed, which he engaged to be good and sound timothy grass seed, but the seed produced no crop. The case came before his Worship at the October Sessions, but was dismissed as his Worship had considered that plaintiff was premature with his action, in consequence of a witness having deposed that timothy grass seed remains three years in the ground without coming to maturity. (Lengthy discussion on planting of timothy seed.)
His Worship...believed the seed to have been good seed, but the plaintiff did not give it fair play...The case should be dismissed on its merits.
The business of the Sessions terminated on Wednesday evening. The cases for hearing in all were:--280 Civil Bills, 16 Crown Cases, 11 Ejectments, 9 Insolvent Petitions, and 7 Appeals from magistrates' convictions. His Worship opened at Bailieborough on Thursday, and will open the Cootehill Quarter Sessions to-day.
On the 25th inst., at St. Peter's Church, by the Rev. William Dawson POUNDEN, Incumbent of Ballyhuskard, county of Wexford, cousin of the bride, Francis BATTERSBY, Esq., son of the late Thomas BATTERSBY, Esq., of Newcastle, county of Meath, J.P., to Charlotte, daughter of the late John BRIEN, of Castletown, county of Fermanagh, J.P. and D.L.
On yesterday this regiment was inspected by Major General GOODENOUGH. Majors SAUNDERSON and MOORE, and the other officers of the regiment were present....The regiment will be disembodied on Tuesday next.
CAVAN PETTY SESSIONS
The Petty Sessions Court was held as usual on Monday, but the cases heard were few and uninteresting.
RESTITUTION--Mrs. GANNON, of Ballinagh, has to acknowledge the receipt of £1, restitution, through the Rev. James O'REILLY, P.P., Kilmore, for which she begs to return him thanks.
EARLY FLAX--On Tuesday we saw some stalks of flax, grown on the farm of Mr. John RAY, at Kilduff, near Belturbet. Some of them were three and a half fee, and none under a yard in length...
County Cavan Newspaper Transcription Project
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