Cavan Observer
Published in Cavan, county Cavan

November 1, 1862

CAVAN PETTY SESSIONS--MONDAY

Before William Babington, Chairman, and Theophilus Thompson, Esqrs.

There were only a few cases of tresspass and putative fathers, after hearing which the Court rose.


BELTURBET PETTY SESSIONS

Magistrates present--Captain M. Phillips and John Rogers, Esq.

The business before the Court was of the most trifling nature, being two summonses for wages, one of which was dismissed and the other left to arbitration


BIRTHS

October 25th, at Castleraghan Rectory, the wife of the Rev. Dr. HOGG, of a son.

October 23rd, at 10 Harewood-square, London, the wife of John P. MURPHY, Esq., Barrister-at-Law, of a son and heir.

MARRIED

On the 16th inst., at St. Peter's Church, by the Rev. Dr. MALLETT, F.T.C.D., George Young COWELL, Esq., Prospect House, Miltown and Garrison, County Fermanagh, to Jane Alicia, third daughter of the late George Rye BLACKWOOD, Esq., solicitor, Dublin.

DEATHS

October 29th, at Butler's Bridge, the Rev. M. O'REILLY, R.C.C., deservedly regretted by the parishioners, which was testified by the large number who attended his interment.

October 25th, at Legnakelly, County Monaghan, Mr. Matthew LOUGH, aged 89 years.

October 29th, in Main-street, Cavan, in the 39th year of her age, Ellen, the beloved wife of Mr. John SMITH. The deceased was highly esteemed and respected as a good, kindly neighbour, and her demise is a sad bereavement to her friends, and society loses a virtuous and useful member.

In this town, a few days since, Mr. George CHADWICK, auctioneer.


Irish residents in Lazerne County and in the mining districts of Pennsylvania endeavoured to resist the draft. The military were called out and fired upon the insurgents, killing four or five. Further opposition ceased.

November 8, 1862

LOCAL NEWS

ASHFIELD CHURCH--On Sunday last, this beautiful Church was opened for Divine Service, after an extensive course of repairs--indeed it has been nearly rebuilt. It was formerly an oblong square, it has now an addition of a North and South transept, chancery and vestry, with new roof, windows, floors, and pews throughout;...The Rev. Henry John CLEMENTS, the present incumbent, officiated on the occasion--the congregation being about 350....

WILLIAM JOHNSTON, ESQ., Farnham-street, Cavan, was on Saturday sworn in a magistrate before Captain ERSKINE, J.P. There could scarcely be a better selection than the above gentleman, and the attentive and impartial manner he has theretofore discharged the duties gave universal satisfaction, and tended greatly to the improvement and proper regulation of the town, the interests of which he always evinces a laudable anxiety to promote.


CAVAN PETTY SESSIONS

Before Theophilus Thompson, Esq., J.P.

There were only three unimportant cases tried, the others were adjourned in the absence of a second magistrate.


BIRTHS

November 6, at Rockfield, Killiney, the wife of the Rev. Joseph S. BELL, M.A., of a daughter.

November 4, at Magazine-street, Londonderry, the wife of James HARVEY, Esq., of a daughter.

MARRIED

November 4, at Ringrone, County Cork, by the Rev. Joseph W. CLARKE, B.D., F.R.G.S., Chaplain, R.N., H.M.S. Hawke, assisted by the Rev. William NEWMAN, rector of the parish, Robert HAGUE, Esq., M.D., R.N., H.M.S. Ferrett, only son of William HAGUE, sen., Esq., of Cavan, to Sarah, youngest daughter of Richard GILIMAN, Esq., of Seaview House, Sandy Cove, Kinsale.

DEATHS

November 6, at 26 Waltham-terrace, Blackrock, Mrs. Susanna ARMSTRONG, relict of Captain John ARMSTRONG, of the Fermanagh Militia.

On the 18th October, in New York, Oliver DEMPSEY, sen., a native of Clara, King's County, in the 85th year of his age.

On the 19th October, in New York, Martin DAY, a native of Banagher, King's County, in the 75th year of his age.

On the 16th October, in New York, John FOLEY, a native of Castle Hyde, County Cork, in the 59th year of his age.

On the 14th October, in New York, Michael GILROY, in the 30th year of his age, a native of Behey, parish of Gothleborough, County Leitrim.

On the 15th October, in New York, Mary GILMORE, a native of the parish of Edgeworthstown, County Longford, aged 67 years.

On the 14th October, in New York, Mrs. Mary HOGAN, a native of Laurencetown, County Galway, aged 50 years.


LANDED ESTATES COURT--NOV. 4

(Before the Hon. Judge Longfield)

SALES

COUNTY MEATH

Estate of Edward C. IRVINE; Rev. Francis KING, Petitioner.

The lands of Park and Spring Park held in fee containing 249a; profit rent, £30. Mr. HANLY purchase for £1,240. Messrs. GANSEEN, solicitors.

COUNTY LOUTH

Lot 1--Part of the lands of Philipstown, containing 9a, held in fee; profit rent, £10. Mr. M'CART purchased at £350.

Lot 2--Perpetual yearly rent charge of £19 payable out of the lands and mills of Phillipstown. Mr. BROWN purchased at £300.

COUNTY MONAGHAN

Lot 3--Lands of Carrickagarvan, containing 185a held under lease for lives renewable for ever; profit rent, £118. Mr. SWANZY purchased for £2,800. Mr. WRIGHT, Solicitor.

November 15, 1862

DEATH OF P.M. MURPHY, ESQ., Q.C.

We regret exceedingly to announce the death of P. M. MURPHY, Esq., late Chairman of the County of Cavan, which took place at Boulogne Sur Mer. Mr. MURPHY has been upwards of thirty years a Barrister, and for many years Chairman of this County, and more universal regret was never experienced at the loss of any gentleman who during many years filled so important a post with honour to himself and advantage to the public. Our late Chairman was possessed of considerable judicial ability, great keenness with respect to motives, and appreciation of character. He was always anxious to settle difficulties between honest men, but rogues were fully satisfied that they would receive no mercy at his hands. As an upright Magistrate and just Judge, Mr. MURPHY had no superior, and the Magistrates of the County of Cavan will feel his loss as deeply as they regret the event which has unfortunately left the chair of the County vacant.


LOCAL NEWS

THE MAGISTRACY--Captain George De la Poer BERESFORD, Awbawn, Belturbet, has been appointed to the Commission of the Peace for the County of Cavan.

MOYNE HALL--Mr. George BUCHANAN, the contractor employed by Mr. James FAY, has progressed most satisfactorily with this building. It will be entirely covered in before the actual commence of winter....

HEADFORT DEMESNE--It will be recollected that Mr. Michael FREEMAN will sell by auction, on Wednesday next, the grazing of 250 acres of prime old land on this demesne, at two o'clock, at the auction mart, Kells.


THE CHAIRMANSHIP OF THE COUNTY OF CAVAN

We understand that Mr. Joshua CLARKE, Q.C., has been appointed to the Chairmanship of this County, vacant by the death of the late P.M. MURPHY, Esq., Q.C. There is not perhaps a more able man at the Bar than Mr. CLARKE, and although he comes amongst us a stranger, he will, no doubt, receive a cordial welcome, and we trust that he may continue many years to fulfil the functions of our County Judge with that ability which he possesses in so eminent a degree.


CAVAN PETTY SESSIONS--MONDAY

Before Theophilus Thompson, J.P., and William Babington, J.P., Esqrs.

Sub-Inspector NAPIER occupied a seat on the Bench.

Edward M'CABE summoned Patt CONNELL for not fulfilling his contract to him as an apprentice.

The complainant was apprenticed to the defendant by the Board of Guardians, and had served four years; defendant was bound to keep him in clothes and shoes which he had not done, and had treated him badly, and turned him out of his house.

The defendant said he had refused to work and gave him impudence.

Mr. Thompson--The boy is an orphan, and therefore the more entitled to our protection. We shall give the defendant one week to put clothes and shoes on the boy, and if he does not do so we shall cancel the indentures.

The defendant declined to comply with the order of the Court and the indentures were cancelled.

ASSAULT

Peter REDDY summoned Thomas MAGOVERAN for an assault, and had sworn an information in the case.

Mr. Armstrong, solicitor, appeared for defendant.

Peter REDDY deposed that on the night of the 1st of November when returning from Ballinagh he was met by the defendant, who, when he came up, asked complainant how many brothers he had; complainant said "there were seven of us"; defendant said he lied, and struck him in the face; he got several blows from the defendant.

To Mr. Armstrong--It was about ten o'clock at night; it was pretty clear; defendant was dressed as he is at present; there were three other persons with defendant, but he was a short distance in front; has no doubt that it was defendant who assaulted him; never was denounced by the priest from the altar; did get a search warrant against his brother-in-law relative to butter which had been stolen from him.

REDDY's servant boy, who was along with him on the night in question, proved that defendant assaulted his master; after asking him how many brothers he had he drew out and struck him; defendant came back a second time and chuckled and assaulted his master; he threatened to knock the teeth out of witness, and tore his shirt and waistcoat.

To Mr. Armstrong--Never saw defendant before than night; he was dressed as he is at present.

Mr. Armstrong said the complainant was mistaken as to his client, and that he could prove an alibi.

James KILLION was produced for the defence. He deposed that he resided in the same house with the defendant, and that the latter was at home on the night in question at 9 o'clock; can swear that defendant did not wear the coat he had on him at present for eight weeks before.

To Mr. Thompson--Had no particular reason for remarking the hour; is sure it struck 9 o'clock any way.

Mr. Carmichael proved that the defendant had been in his employment for two years, and was a peaceable well-conducted man.

The defendant handed in a character from his parish priest.

The magistrates retired for a few minutes, and on their return into court Mr. Thompson said that the conduct of the defendant would lead to the supposition that he belonged to some illegal society. He had attacked the complainant who was quietly proceeding home; and if the boy had summoned him the Court would have punished him severely. As it was they would send him to gaol for a month.

After disposing of a few unimportant cases, the Court rose.


BIRTH

November 9th, at 89, Main-street, Cavan, the wife of T. W. SIXSMITH, Esq., of a son.

MARRIED

On the 18th August, at St. George's, Hanover Square, London, Owen WILLIAMS, Captain Royal Horse Guards, to Fanny Florence, youngest daughter of St. G. CAULFIELD, Esq., of Donamon Castle, Roscommon.

DEATH

November 7, at the Hotel, Folkestone, Boulogne-Sur-Mer, France, Patrick M. MURPHY, Esq., Q.C., for upwards of 27 years Chairman of Quarter Sessions for the County of Cavan, aged 62 years.

November 22, 1862

BOROUGH COURT

(Before William Johnston, J.P.)

A special Court was held on Friday, in order to try some persons who were charged by the constabulary with gambling at the fair.

A young boy, who stated he was a native of the county Mayo, was brought up for having in his possession implements for playing the game of hazard.

The offence was proved against him and he was committed to prison for three weeks.

Another bigger boy was charged as an accomplice, but there not being evidence to convict him he was discharged.

A man name SMITH was fined 2s, 6d for being drunk.

Saturday being the usual Court day, his worship again sat.

A man named William HOGAN, was charged by the constabulary with creating a nuisance in the street, by shooting with a bow and arrow, and collecting a crowd.

The police said he was gambling and inciting others to gamble.

His worship, considering it was his first time to be brought before him, only gave him 24 hours imprisonment.

The Court then adjourned.


BELTURBET PETTY SESSIONS

Saturday, Nov. 15

Before Thomas F. Knife, Esq.

Michael M'DONALD a. Laurence O'BRIEN and Michael O'BRIEN

This was a summons for forcible possession on complainant's land, and also for assaulting him with a pitchfork. The case had been before the court on the previous court-day, and it appearing that a question of accounts was that which led to the assault. The matter was then referred to arbitration, but one of the arbitrators declining to act, the matter came again before the court.

There was also a cross-summons at the suit of the O'BRIENs.

Mr. Knipe, solicitor, appeared for M'DONALD, and Mr. Armstrong, Solicitor, for the O'BRIENs.

After the case was fully gone into on both sides,

The Chairman dismissed both summonses for the assault, and stated they could go before the Chairman at Quarter Sessions for the other claims.

Dr. H. G. HUMPHRYS a. Hugh TRACY

This was a summons for refusing to give up a tax-cart left for repair.

Mr. Knipe, who appeared for the defendant, said the magistrates had no jurisdiction, the price of same being over £5.

Mr. Armstrong appeared for Dr. HUMPHRYS.

Hugh TRACY summoned Dr. HUMPHRYS for £3 17s 6d for the repairs of a tax-cart.

Mr. Knipe--This is the tax-cart for which we are summoned for refusing to give up, and we are quite willing to give it any time we are paid for the repairing of it.

TRACY was then sworn, and proved the amount of his claim, at the same time handing a bill of particulars to the court.

Mr. Armstrong stated the case for the defence, as he was instructed, that some time ago Dr. Humphrys bargained with TRACY for a tax-cart, of a particular description, then named, for a sum of £6. The tax-cart, when finished, Dr. Humphrys said was not what he had bargained for, and Tracy said he would make any changes Dr. Humphrys thought necessary. Dr. Humphrys returned the tax-cart to Tracy to have those changes made, and now to his surprise he asked to pay no less a sum than £3 17s for what he was to have originally received.

Dr. Humphrys was then sworn, and deposed to the facts stated by Mr. Armstrong.

A witness named MONAHAN, produced on behalf of Tracy, proved distinctly that he heard Dr. Humphrys state to Tracy he would pay him whatever his charge was for doing the repairs.

After a few words from Knipe,

The Court said he would adjourn the case for a week; in the meantime the case could be settled. He also stated he would give them some assistance himself to do so.

Both parties stated that they would leave the case to him to settle.

The court then adjourned.

November 29, 1862

In the Landed Estates Courts, Ireland

COUNTIES OF FERMANAGH AND CAVAN

In the Matter of the Estate of

Sir JOSIAH WILLIAM HORT, Baronet, and Colonel JOHN JOSIAH HORT, Owners and Petitioners

TO BE SOLD by order of the Judges of the Landed Estates Court, on an early day to be hereafter named, the following fee-simple lands and premises, via:--

The lands of Brockagh, Gorryglass, Cornacully, Drumlaghy, Killypurt, Inniskeen Island in Lough M'Nean, and Rahollon, Boheiveny, Drumderrige, and the Tannaghs, all in the Barony of Glenawly, in the County of Fermanagh and Tenements and Premises in and adjoining the Town of Enniskillen, in the Barony of Tyrkennedy, in the same County, and the lands of Lowery, in the Barony of Lurg, and same County.

Houses and Premises in the Town of Belturbet, the lands of Bunumary, Corleggy, Derryerry, Derrycark, Derryarmish, Edenterrif, Faherlagh, Grilly, Lough Dooly, Port Ruin, and Shancorry, in the Barony of Lower Loughtee, and County of Cavan, the lands of Druminiskion, Derryhoo and Tunker, in the Barony of Tullygarvey, and same County.

The above lands consist of rich tillage and pasture Land, with Bog attached, and are occupied by solvent and industrious Tenants, all of whom, with few exceptions, hold from year to year.

Proposals for the purchase by private sale, to be approved of by the Court, of all or any of said Lands will, in the meantime, be received, and all information given by

ROBERT KEYS, Solicitor, for said Owners and Petitioners,
having carriage of the proceedings. 24, North Earl-street, Dublin.


LOCAL NEWS

LANDLORD LIBERALITY--The Earl of Annesley, through his excellent agent, W. A. MOORE, Esq., has, in the most generous and considerate manner, given a considerable abatement to such of his tenantry as have sustained losses from a deficient harvest. This act of timely generosity has been received in a most grateful spirit by the tenantry, as is testified by an address which they present to Mr. MOORE, and which will be found in our advertising columns...

CONTINENTIAL AND COLONIAL SOCIETY (IRISH BRANCH)--A meeting was held on Thursday evening last, in the parish of Ballyconnell, in behalf of the society. The Rev. W. FINNEY attended as a deputation, and gave some interesting information respecting its work in foreign ports, especially among the sailors entering the different ports where the society's missionaries were placed, and its work in operation. The Rev. Mr. PRESTON (rector of Ballyconnell), and Captain STORY addressed the meeting, which was most numerously attended. A collection was made at the conclusion of the addresses, which was liberally responded to.

MR. P. BYRNE, THE IRISH HARPER--This celebrated Irish harper has been staying for the last three weeks at the hospitable residence of the Right Hon. Lord Farnham, Farnham House. He has proceeded from thence to the seat of Evelyn Philip SHIRLEY, Esq., Lough Fay, Carrickmacross.

PRAISEWORTHY CONDUCT--On Thursday, a child about eight years old, named Thomas HUGHES, found in the streets of this town, a £10 note, which he brought home to his father, James HUGHES, a porter in the employment of the Irish North Western Company. The father, hearing that a young man, in the employment of Mr. FAY, Postmaster, had lost a £10 note that morning, and suspecting it was it that had been found by his son, went at once and returned it to the loser, who gave him 10s. HUGHES deserves much credit for the honest way he acted.

CORONER'S INQUEST

On Thursday, William POLLOCK, Esq., one of the Coroners for this County, held an inquest on the body of a young man, named John MAGOVERAN, a tobacco spinner, in the employment of Mr. KENNEDY, of this town, who died suddenly. What chiefly occasioned an inquest being held was a very prevalent report that the deceased received a severe blow on the head from a brass candlestick some days previous which caused his death. The person accused of inflicting the blow was a man named Patrick M'CABE, a guard in the employment of the Irish North Western Railway Company, and the conflicting reports that were afloat concerning the transaction caused the inquiry to be regarded with much interest.

The following persons were empannelled as a jury:--William FINLAY (foreman), John MAGUIRE, Edward BLAKE,Edward MALLON, Robert LOWRY, Patrick TULLY, William FOSTER, Thomas CULLEN, Edward CONNOR, Thomas TUBMAN, John MULLIGAN, Samuel SMITH, and Hugh SMALL.....

Doctor MOORE deposed that he made a post-mortem examination of the body of John MAGOVERAN; there were no marks of violence on the body, with the exception of the mark of a bruise on the back of the hand, and a cut, now healed, evidently of recent date over the right temple. On opening the head the skull and scalp were quite healthy; there was no fracture of the skull or effusion of blood on the brain; no lymph or purulent matter, nothing in fact to indicate any violence. On opening the chest both lungs were engorged with blood, which was inflated through it substance to such an extent as to sufficiently account for death. In my opinion deceased died from hemorrage of the lungs, arising from an unhealthy state of the system, generated by the abuse of intoxicating drinks.

The jury, after a short deliberation, returned a verdict that the deceased died of disease of the lungs brought on by excessive drinking.


CAVAN PETTY SESSIONS--MONDAY

(Before William Babington, Esq., J.P. (Chairman), and Captain Erskine, J.P.)

WAGES

Myles JACKSON summoned the rev. Samuel ROBERTS, for £1 8d, alleged to be due him for carting tiles.

The plaintiff proved that he was employed to cart tiles for the defendant at 3s a ton; it was subsequently agreed that a cart load of 15 cwt should count as a ton; drew 27 ton, and the balance sued for was due him.

Mr. Armstrong said his client was not in the country, but he had witnesses to show that the defendant did not draw the number of tons for which he claimed.

The Rev. Mr. BOOMER proved that he took at random a certain number of the tiles and weighed them, and computing that number with the gross amount produced 21½ tons, which left a balance of 12s due the defendant.

The magistrates dismissed the case, but Mr. Armstrong handed the defendant 12s and the cost of the summons.

Philip O'BRIEN, Stradone, summoned Hugh QUILLAN for £1 15s wages. Defendant proved the debt, and a decree for the amount was granted.

Charles SHERIDAN summoned Bernard M'LENNEN for 9s 1½d for shoeing horses.

The plaintiff proved the debt, and that defendant promised him payment on the fair day.

The defendant did not appear, but his wife was in attendance, who denied, in no very mild terms, that the amount was not due, and persisted in handing up documents to the Bench not bearing on the case.

The Court granted a decree with costs.

RETAINING PROPERTY

John MULLIGAN summoned John DONOHOE for detaining a churn his property.

The complainant proved that he left a churn with DONOHOE to repair; frequently applied for the churn, but could not get it.

DONOHOE said he sent word to the complainant to come for the churn, and when he did not do so he sold it.

The Court referred to the act of parliament bearing on the matter, and told DONOHOE he was liable to a fine and imprisonment for the offence.

The complainant estimated the value of the at 4s, and the Court ordered DONOHOE to pay 4s and 5s fine or a week's imprisonment.

CHARGE OF ROBBERY

Maria REILLY, an unfortunate girl on the town, was charged by Charles CAMPBELL with robbing him of a purse, some silver and copper.

CAMPBELL proved that on the night of the 15th instant he was in the company of the prisoner; had in his possession a purse, some silver and copper; gave a description of a halfpenny which was amongst the copper, and identified it when he again saw it.

To the Court--Was talking to other girls on the night in question; was drunk when he met the prisoner, and cannot say what money he then had.

Sub-constable HAMILTON deposed that about 12 o'clock on the night in question the prisoner came to the police barrack and charged the prosecutor with assaulting her; then charged her with robbing him; searched the prisoner and found on her person 8d in copper and a 4d piece; prosecutor identified a halfpenny got in the prisoner's possession, as his property.

Mr. Babington said that the prisoner was most fortunate in escaping from the various charges brought against her. In the present instance the Court did not think there was sufficient evidence to send her before a jury, and should, therefore, discharge him.

The Court then rose.


BELTURBET PETTY SESSIONS, SATURDAY, NOV. 22

(Before Captain Phillips, J.P. (Chairman); R. E. W. Venebles, J.P.; and John Rogers, J.P.)

James MURPHY, jun., appeared to answer the information of Mr. John TUITE, of the Belturbet Distillery, for abusive and threatening language calculated to put him in fear and dread of his life.

Mr. Knipe, solicitor, appeared for the prosecutor, and Mr. Armstrong, solicitor, appeared for the defendant.

The informations were read over to Mr. Tuite, and Mr. Armstrong, after slightly examining him, said the course he would adopt, and which he had advised his client to, was to submit to the merciful consideration of the Bench. The unfortunate fellow was drunk, and knowing that a bad feeling existed between his master, Mr. M'LEOD, and the prosecutor, some altercation may have arisen at the time which caused the informations to be sworn.

The Court placed MURPHY under a rule of bail for 12 months, in two sureties of £5 each, and himself in £10.

WAGES

Joseph PRATT summoned John PRATT for 2s 6d for the hire of an ass.

The parties were brothers, and the defendant denied that any contract was made, and was about to produce witnesses to corroborate his statement, when the Bench found they had no jurisdiction, the alleged claim having been due beyond 12 months.

The summons was nilled.

The few other cases before the Court were devoid of interest.


MURDER IN THE COUNTY LONGFORD--A young man named BIGLAINE was brutally murdered on the high road while returning from the fair of Ballymahon. He was attacked by four ruffians, who battered his skull with sticks, and left him in a hopeless condition. BIGLAINE was accompanied by five of his own neighbours, but, it is stated, they made no effort to save him. His father was the only person who interfered for him; but he, of course, could render no effectual assistance, and became an unwilling witness of the murder of his only son. Two men have been arrested on suspicion, but as yet no positive clue to the guilty parties has been discovered.

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