Published in Cavan, county Cavan
September 6, 1862
ACCIDENT ON THE RAILWAY--On Wednesday evening an accident of a serious character occurred on the North Western railway, within a few miles of this town. The facts in connection with the accident to which we allude are as follows: The workmen employed at the Belturbet Junction of the above railway were in the habit of returning from their work in the evening by a "bogey" (a conveyance used for carrying materials along the line), which they attached to the railway train by means of a rope. On the evening in question, four persons named Patrick FITZPATRICK, Luke MARTIN, Thomas REILLY, and John TRAINOR left Belturbet Junction on the "bogey" to proceed to Butlersbidge, where they resided. Unfortunately they had not proceeded far when the wheel of the "bogey" broke down, and the four men were precipitated on the railway track. TRAINOR escaped unhurt, but the other three received some severe contusions. The sufferers were at once conveyed to the County Infirmary in this town, where everything their condition required was promptly done for them. Dr. MEES, the medical officer of that establishment, dressed their wounds and applied the necessary restoratives; and, we understand, the parties are not dangerously, although severely, injured. No blame attaches to any of the railway officials; but this accident shows that the utmost precaution should be observed in preventing persons using the railway track in any manner.
CAVAN PETTY SESSIONS--MONDAY
Before Theophilus Thompson, J.P. (Chairman); Andrew Carden, J.P., Nathaniel Montgomery, J.P., W. M. Hixon, R.M., Esqrs.
Sub-Inspector NAPIER occupied a seat on the Bench.
John REILLY v. Michael REILLY
This was a summons for an assault, and the complainant deposed that he was assaulted by defendant on the 9th of August; was going home quietly at the time, and gave no provocation whatever.
A man named CAHILL was produced as witness, but objected to giving evidence until first paid for his time; he had to attend on two court days and could not afford to loose (sic) so much time at this season of the year.
Mr. Thompson--You cannot refuse to give evidence when summoned to do so; but when the magistrates hear the case they may consider your claim in awarding costs.
CAHILL was then sworn, and proved that the heard the parties call each other rogues; considered one as bad as the other; saw defendant make a kick at complainant, but can't say if he hit him.
The Bench fined defendant 1s and 3s costs--1s 6d to go to CAHILL for his time.
Rose MAGOVERAN v. Mary FAHY
The complainant moved for a postponement of the case on the ground that her attorney, Mr. Armstrong, was absent. Application granted.
Constable M'ILWAINE brought up John CONORS on a charge of having in his possession a pickaxe, the property of GREEN and KING, railway contractors.
The constable proved to having found the pickaxe in prisoners house.
Mr. Thompson--I understand the railway contractors have lost a good many articles lately.
The prisoner said the pickaxe was left at his house, but he knew nothing of it; persons were in the habit of leaving things at his house for safety.
Mr. NAPIER, Sub Inspector, said he had heard a very good character of the prisoner, and he deemed it right to mention it. Mr. REID, with whom the prisoner lived for some time, gave him a good character, and said that he was a trustworthy man.
The Clerk of Petty Sessions observed that it was necessary to ask the prisoner if he was willing to have the case tried by their worships, under the summary Jurisdiction Act, or sent to the Quarter Sessions?
The prisoner said he was satisfied to have the case tried by their worships.
Mr. Thompson--How long was the prisoner in gaol?
Constable--A fortnight, your worships.
The Bench, in consideration of the character given of the prisoner by Mr. Napier, thought he was sufficiently punished by a fortnight in gaol, and ordered him to be discharged.
Mr. Napier, Sub-Inspector, summoned John REILLY for assaulting an old man in the public street. Mr. Napier deposed having seen from a window in his house the defendant strike the old man; he considered the assault a most shameful one, and felt it his duty to bring the parties before the Court.
The old man who had been assaulted said he did not wish to punish the defendant, and if their worships were satisfied he would gladly let the matter drop.
The defendant said they were only joking, and that he had no intention of hurting the old man.
Fined 1s and costs.
John TULLY v. Mr. George BUCHANAN
The plaintiff summoned the defendant for 10s. He proved that he was employed by the Town Constable, James MONTGOMERY, to follow some cattle that were straying about the town of Cavan, and bring them to the "pound" for safety; he did so; brought the cattle to Mr. BUCHANAN's "pound," and told the person in care of it not to give up the cattle until he was paid for his trouble.
MONTGOMERY admitted having directed the plaintiff to drive the cattle off the street, as all cattle found straying through the town became liable to the Town Commissioners for the sum of £1. He since learned that the cattle belonged to a gentleman in Belturbet, and he was sure if the matter was represented to the owner of the cattle the plaintiff would be paid for his trouble.
Mr. BUCHANAN said that the cattle in question belonged to Mr. LANG of Belturbet; when that gentleman came to look after them there were give up to him; he knew nothing about the plaintiff' claim.
The Bench directed the plaintiff to write to Mr. LANG respecting his claim.
Owen M'CABE v James M'CABE
This was a case of assault, in which the complainant swore informations that he was in "dread and terror" of the defendant. The complainant was father-in-law of defendant, and proved that his son-in-law was in the habit of assaulting him; did not desire to punish him, but wished him to be bound to keep the peace, as he was in danger of his life from the threats which he had used towards him.
Mr. Napier, Sub-Inspector, said he had heard a very bad character of the defendant, and that he was in the habit of ill-using his father-in-law. He understood the defendant on one occasion had to leave the country on account of outrages he had committed on the complainant.
The Court (to complainant)--Are you prepared to swear that the defendant assaulted you, and that you are in "dread and terror" of him?
Complainant--He has threatened my life on several occasions, and I am in dread and terror of him.
The defendant said complainant was continually provoking him, and calling him a lazy, idle vagabond.
The Court considered the conduct of the defendant highly reprehensible, and sentenced him to one month's imprisonment, and to find bail to keep the peace to the complainant.
After disposing of a few trivial cases, the Court rose.
ATHLONE, SEPT. 3--The reward offered by Government for the discovery of the party who burned Tom KELLY's house at Clonaderg a few nights ago has had little effect in deterring others from similar practices. On Monday night a wanton outrage was perpetrated, at Ballinabown, the residence of John ENNIS, Esq., M.P., where a number of new stiles recently put up were removed and broken, and the caretaker threatened with serious consequences should he busy himself in looking after those who had done it. For some time past Mr. ENNIS has suffered much annoyance by persons from an adjoining property making "a short cut" through his demesne in the immediate vicinity of his house, to whom those styles (sic) were obnoxious, and who will not, as it now appears, allow them to remain up.--Saunders.
INCENDIARY FIRES--The following outrages were committed a few nights ago on the lands of Clonaderg, in the barony of Garrycastle. The dwelling house of Kyran KELLY, about midnight was set on fire and entirely consumed. The cabin of John CLAFFY was also set on fire and a portion of it burned--his wife and children narrowly escaping being burned to death. The cow-house of Michael DALY was set on fire and entirely consumed; and the coping stones of about eight yards of a small wall on the public road were maliciously thrown down. The police officer of the district, by order of the Government, has offered a reward of £20 for such information as shall lead to the arrest of any one or more the party concerned in the commission of these outrages.
September 13, 1862
THE NEW BISHOP OF KILMORE--The Very Rev. Dean VERSCHOYLE, the newly appointed Bishop of Kilmore, has arrived Kilmore Palace.
CAVAN PETTY SESSIONS--MONDAY
Before Theophilus Thompson, J.P. (Chairman); Dr. Babington, J.P., and W. M. HICKSON, R.M., Esqrs.
Sub-Inspector NAPIER occupied a seat on the Bench.
Jane REILLY was brought up at the suit of the Cavan Board of Guardians to swear informations against the father of her illegitimate child, in accordance with a provision in the new Poor Law Act, which renders putative fathers of illegitimate children liable for their maintenance.
Jane REILLY on being sworn proved that a person named Bernard ROARKE was the father of the child.
Dr. Babington--I think the Act requires that the evidence of the mother should be corroborated before proceedings can be instituted.
Mr. Thompson--If such evidence be necessary the Act will, in a great measure, prove a nullity.
On reference to the Act it was found that corroborative evidence was necessary, but whether such evidence was required before the magistrates or the Assistant Barrister seemed doubtful.
Dr. Babington (to the girl)--Have you any evidence to show that the person you charge is the father of the child.
Jane REILLY said that Bernard ROARKE was a servant boy living within a few doors of where she resided as servant; was frequently seen speaking to him, and it was understood they were courting; went to him to ask assistance for the support of the child which he refused.
Dr. Babington considered the circumstances, if proved by another witness, would be sufficient evidence.
The Court then made an order authorising the solicitor of the Board of Guardians to sue the reputed father for the maintenance of the child.
James MATHEWS v. Thomas REILLY.
This was a case of assault, and it was announced to the court that it was settled.
Mr. Thompson considered it very wrong that such cases should be disposed of in that manner.
Constable KERR summoned John REILLY for being drunk, and assaulting John GLASS in the public street.
The constable proved that on the 23rd August he saw REILLY strike at GLASS in the public street; considered REILLY drunk.
Michael NOLAN deposed to having seen REILLY and GLASS strike at each other; GLASS struck REILLY twice before the latter resented.
Mr. Thompson--And do you want to punish a man for an assault who was first struck himself?
Mr. NAPIER understood that expressions were used which caused the police to interfere.
Dr Babington (to REILLY)--Are you not in the employment of the Enniskillen and GLASS in that of the Dundalk Railway Companies, and does there not a bad feeling exist between you?
REILLY said he was waterman to the Enniskillen Company, but no bad feeling existed between GLASS and him; they were both drunk on the night in question, and were since and before the best of friends.
The Court, in consideration of there being no bad feeling between the parties, fined REILLY 1s and costs.
John TULLY v. Mr. George BUCHANAN
In this case the plaintiff claimed 10s for his trouble in driving stray cattle off the streets and putting them in defendant's "pound". It was before the Court on its previous sitting, when it was arranged that the plaintiff should apply to the owner of the cattle (Mr. Lange of Belturbet) for compensation. It appears he had done so, but his claim had not been recognised by that gentleman.
Dr. Babington considered the cattle ought not have been given up until the plaintiff was settled with. The pound-keeper must have been aware of the circumstances under which the cattle were impounded. Mr. BUCHANAN said he was not at home when the cattle were taken to the "pound," nor did he know of any claim respecting them until he was summoned.
Mr. Thompson considered the Town Commissioners the proper persons to settle the matter.
Dr. Babington--The proper course is to summon the owner of the cattle under the Towns' Improvement Act.
The Court nilled the summons, and ordered proceedings to be taken under the Towns' Improvement Act.
A TURBULENT LOCALITY
Jane MORRIS was summoned by Theophilus Thompson, Esq., for assaulting Bridget QUILLAN, and John and Jeremiah MORRIS were charged by the police with obstructing them in the execution of their duty.
Mr. Thompson said that on the evening of the 1st Sept., he was in Bridge street, when he received a message that a fearful row was going on at the Half Acre, and that lives would be lost if he did not interpose. He lost no time in going there, and saw a crowd of about 200 persons assembled. The woman, Jane MORRIS, was acting in the most outrageous manner, striking at an old woman (Bridget QUILLAN), and hanging out of her hair in the most savage way. He remonstrated here to desist, but finding his efforts to restore peace fruitless he sent for the police, and wherever they were at the time he had to wait a quarter of an hour before they arrived. He (Mr. Thompson) ordered the police to arrest Jane MORRIS, but John MORRIS locked the door of the house into which she had gone, put him and the police at defiance, and assaulted one of the men. The parties knew well who he was, , and the conduct of John MORRIS was the most violent and outrageous that could be imagined. He (Mr. Thompson) was determined that the law should be upheld, and peace restored. The police, in arresting the parties, used no more force than was necessary. He was not aware of how the row commenced, but he felt bound to say that the conduct of the MORRIS's was most disorderly and disgraceful....John MORRIS said he only thought to prevent the policeman dragging a young child that was after been inoculated out of his wife's arms....Bridget QUILLAN was sworn and proved that on the evening in question two dogs commenced fighting at her door, when Jane MORRIS came over and snapped a fowl she was plucking out of her hands and struck her with it; knocked her down and hit her a blow on the breast which she feared she would never recover; only for Mr. Thompson she would have been killed.
Mary QUILLAN, a child about ten years of age, was produced as a witness, and having satisfactorily answered as to the nature of an oath was sworn. She proved that Jane MORRIS called her grandmother names, tore her hair, and knocked her down; Jeremiah MORRIS struck witness and knocked a tooth out of her.
Patt REILLY was examined for the defence, and proved that he heard a dog squeeling in QUILLAN's house; Jane MORRIS went over to the door and thought to get in to see if the dog was hers, when Bridget QUILLAN called her a w_____, and struck her a blow of a fowl she had in her hands; they then "guzzled" each other; QUILLAN hit Jane MORRIS a blow of a stick; witness took the stick from QUILLAN, and Jeremiah MORRIS and Witness separated the parties; John MORRIS never interfered at all; the assault was committed before Mr. Thompson came up.
Dr. Babington (to witness)--Were you present at the commencement of the row, and do you swear QUILLAN committed the first assault?
Witness--I was; and I swear QUILLAN struck the first blow. Two women who were present at the beginning of the row deposed that QUILLAN struck Jane MORRIS the first blow with a fowl she had in her hand.
Dr. Babington--The weight of evidence is certainly against QUILLAN, and it is by that we must decide.
Mr. Thompson--I have no objection to withdraw the charge as I did not witness the commencement of the affray; but while I was present the conduct of the MORRIS' was scandalous.....
It was then ruled by the Court that Jeremiah MORRIS be fined 5s for obstructing the police; and Jane and John MORRIS to find two securities in £10 each to keep the peace.
Mr. NAPIER wished to refer to an observation which had been made in the course of the trial as to the police not arriving at the scene of the riot sooner. He made inquiries as to the cause of the delay and found that the police were engaged on special duty at the time they were sent for.
Mr. Thompson said he had since learned the police were in no way to blame.
Mr. W. HAGUE summoned a man named FLOOD for possession of a house in Bridge street.
The service of the necessary notice having been proved, a decree of possession was granted.
Susan GREY v. Andrew ROGERS
This was a case of alleged assault, and Mr. M'GAURIN, solicitor, appeared for the defendant.
The complainant proved that on Sunday morning the 31st ult., she went out to collect "sods" in a field convenient to where she lived; the defendant came up and asked what brought here there; she explained her business and asked his permission to take the "sods"; he desired her to leave them down and pulled and dragged her; he brought her through a couple of fields, and gave her such bad usage as to deprive her of suck of her infant.
Dr. Babington--Did he attempt to do you personal injury.
Witness--He thought to take improper liberties with me, and in the struggle broke the strings of my petticoat.
To Mr. M'GAURIN--Can't say if it was 5 o'clock in the morning when defendant met her; her husband was convenient herding cattle at the time but she did not see him; defendant thought to knock her down but did not succeed in doing so; told her husband what had occurred when she went home; did not go before a magistrate till the following Tuesday.
Mr. M'Gaurin said his client was servant to the person whose property the complainant was stealing, and he had evidence to show that he was only trying to bring her to his master's house; but she, fearing she would be prosecuted for stealing the sods, brought the present charge against his client.
A witness was produced who was in company with defendant when they met complainant, and he deposed that ROGERS took complainant up the field for the purpose of bringing her before his master; he used no violence towards her; when they had gone a short distance up the field, witness requested defendant to let her go and he did so.
Their worships dismissed the case.
A HASTY SHOPKEEPER
A shopkeeper named FITZPATRICK summoned a railway porter named COSTELLO for £1 17s, due for shop goods. The railway porter summoned the shopkeeper for an assault.
Mr. M'Gaurin, who appeared for the railway porter, said that his client had a pass-book with FITZPATRICK, which was his property, and because he would not give it up to the latter he assaulted him.
COSTELLO proved that he had dealings with FITZPATRICK and kept a pass-book which he considered his property; paid FITZPATRICK £1 5s, after which he refused to give any more credit and witness put the pass-book into his pocket; FITZPATRICK then caught him by the neck and thought to choke him; the police came in, but FITZPATRICK said they had no business to interfere, and as soon as they went away both he and his wife attacked him; he admitted FITZPATRICK's claim of £1 7s.
Constable KERR deposed that he saw Fitzpatrick take hold of Costello by the throat; he told the police it was no interference of theirs, and after they left the shop witness heard groans as if a man was choking and again returned, when he saw Fitzpatrick with a hold of Costello by the neck. KERR's evidence was corroborated by another constable....
The Court fined FITZPATRICK 2s 6d and 17s 6d costs--the costs to go to COSTELLO for £1 17s.
FITZPATRICK asked the Court to add another shilling to the fine in order to enable him to appeal.
The Court refused to do so.
After disposing of a few cases of drunkness the Court rose.
September 7, at the Lawn, Belturbet, the wife of Rev. James THOMPSON, Presbyterian Minister, of twin sons.
On the 5th inst., at Drumcree House, deeply and deservedly regretted, Robert SMYTH, Esq., of Drumcree, D.L., and formerly M.:P. for Westmeath.
On the 19th August, in New York, after a short but severe illness, Elizabeth, the beloved wife of John M'CARTHY, a native of the parish of Drumliffe, in the county of Longford.
On the 19th August, in New York, Mary MURTAGH, a native of Ballinacargy, county Westmeath.
In New York, Nathan M'BRIDE, aged 60 years, a native of Ballygarnon, Roscommon.
On 24th August, in New York, Nancy M'CONALOGUE, after a short illness, a native of the county Donegal, aged 63 years.
On the 21st August, in New York, Matthew GEANY, of the parish of Fermoy, county of Cork, aged 26 years.
On the 21st August, in New York, after a short illness, William JOHNSTON, of the town of Longford, aged 67 years.
The Lord Bishop of Meath has appointed the Rev. James R. BRISCOE, Curate of Donaghpatrick, to the incumbency of St. Mary's, Drogheda, vacant by the promotion of the Rev. Richard CARTER to the vicarage of Moate, county of Westmeath.
The Lord Bishop of Ossory, Ferns, and Leighlin has promoted the Rev. Edward MOORE, A.M., from the Rectory of Killan (gross annual value £355) to the Union of Whitechurch, county Wexford. The appointment is worth £520 per annum.
The Lord Bishop of Ossory, Ferns, and Leighlin has promoted the Rev. Edward HALLAM, A.M., from the Union of Killegoy, of the annual value of £288, to the Union of Toome, or Camolin, county of Wexford. Annual value £526.
It is understood that the Rev. Dr. ALEXANDER, the esteemed Rector of Carne, in the county of Wexford, will succeed the Very Rev. Hamilton VERSCHOYLE, in the Deanery of Ferus. The Rev. John ALEXANDER was ordained in the year 1821, and in the same year was admitted to the diocese of Ferns; he was inducted to the living of Carne in the year 1849.
BELTURBET PETTY SESSIONS--SATURDAY.
J. E. VERNON, Esq., J.P., D.L., in the chair; other magistrates present--Captain M. Phillips, John Rogers, and Litton, Esq.
Peter KINCART summoned Mr. Alexander LANG for the wages earned from the 1st of May till the 1st of August last.
The fact of the case are shortly these--at a previous Petty Sessions Mr. LANG summoned KINCART for misconduct in, and absenting himself from his service about the 9th ult. The Bench on hearing the case discharged him from the service, and forfeited all wages due.
Mr. John Armstrong, solicitor appeared for the complainant, and in support of his case submitted that the magistrates had not power on the complaint stated in the former summons to forfeit the wages due at the time, and also raised a legal objection on the grounds of his being hired from 1st May till 1st August--the misconduct complained of not having taken place till the 9th August. The magistrates, he submitted, had power over the wages previous to the 1st August.
Mr. Vernon said there was a good deal in the objection; and that Bench had no power to quash the order of a former Bench. The proper time was at the hearing of the case to make the objection.
Mr. Armstrong said he was not engaged in the case, and the time for appeal had now passed.
The magistrates, after consultation, refused to reopen the case.
James HEWISTON summoned Thomas MOON, of Redhills, for 15s, one quarters wages, commencing on the 1st August, the defendant having turned complainant out of his service.
The reason alleged by defendant, and supported in evidence by a witness, was that the complainant when on a message did not return in proper time, and refused to work.
The complainant denied that he remained a longer time than necessary, and refused working in consequence of not getting his dinner.
The Bench intimated that if MOON would not take back the boy an order would be given for the wages.--The hint was taken, and the costs were ordered to be paid.
TAKEN AN AIRING
Subconstable John EGAN summoned John FARRY, a boy about 17 years of age, for indecent behaviour, by running through the public street of Belturbet quite naked. EGAN stated that about seven o'clock on the evening of the 1st instant, he found the defendant running on the Lawn, in the town of Belturbet, quite naked.
The defendant stated that he had been bathing in the river, and some person ran away with his clothes while in the water.
The constable denied this for when he brought him to the river edge his clothes were there. However, the boy having subsequently stated he was a stranger, and did not know that what he did was wrong, the Bench imposed a very nominal fine under the circumstances--2s 6d, and costs.
AFTER THE FAIR
James FITZPATRICK, of Dorgrona, was summoned for committing an assault, by striking some person, name unknown, on the evening of Thursday, the 4th of September..
Subconstable CAMPBELL stated that he was on duty in the Water-lane, and a "row" took place. There seemed to be two parties; the defendant belonged to one of them, which seemed to be getting into cots at the river edge; no blows were struck that witness could see but by the defendant; he was arrested; witness sent for assistance to the barracks, and the mob then separated.
The defendant, who is just arrived from America, stated that he had struck a person who had been beating his uncle, an old man, at the time. It was, however, stated to the Bench that there was what is called a faction or townhand fight to take place, the FITZPATRICK clan, from Derryrona, against the M'DONALD clan, of Derrycarib, assisted by Drumalesians.
The Chairman, and members of the Bench individually, expressed their determination to put down such disturbances with the utmost rigour of the law.
Mr. LITTON, agent to Lord Lanesborough, on which property most of the parties live, also gave them a caution.
A fine of 6d was imposed.
A process at the suit of James FITZPATRICK, of Butlersbridge, against William BANNON, of Belturbet, for 11s, a balance of a larger sum for shop goods, was adjourned for one week in consequence of plaintiff's book not being produced. The defendant did not appear.
The Court then adjourned.
ACCIDENT AT TEMPO--On Saturday, the 6th instant, two men, William NELSON and Patrick M'CAFFREY, in the employment of Sir James Emerson Tennent, had gone to Enniskillen for tiles, and having returned with two loads took their horses out of the carts and proceeded to unload. NELSON went on his own cart and removed the tiles from the front end, leaving the hinder end of the load untouched. This, with his own weight, caused the shafts suddenly to spring up, throwing him with great violence to the ground, and right on his head. He neither moved nor spoke from the accident occurred. M'CAFFREY raised him to a sitting attitude and called for help. MR. COWAN, agriculturist to Sir James, was immediately on the spot, and sent for Doctor GRAHAM of Tempo, but medical aid was unavailing, and life was extinct. An inquest was held on Monday by Mr. Armstrong, coroner, when a verdict was returned in accordance with Mr. Graham's opinion that death resulted from pressure of the spinal chord(sic).--Fermanagh Reporter.
September 20, 1862
KING'S COUNTY--APPEARING IN ARMS--A young woman named HALLORAN, residing with her mother on a farm at Clononeybeg, in the barony of Garrycastle, when proceeding along the banks of the Grand Canal on Sunday morning last to attend mass at the Roman Catholic Chapel in Cloghan, states that she was stopped by two men whose faces were blackened, and one of whom presented a pistol at her, and threatened her life, and other members of her family, if her brother attempted to prosecute two men who had attacked him on the previous Friday night, which case is undergoing investigation.
COUNTY ROSCOMMON--THREATENING AN AGENT
ROSCOMMON, Sept. 16--At the petty sessions today, before Lord Crofton and three other magistrates, a man named William BRENNAN was brought up, charged with having used language in the presence of a constable calculated to harm William GARNETT, Esq., land agent to Sir Charles Domvile. The prisoner is uncle to FOX, committed at the last sessions for having sent a threatening letter to the same gentleman, and both are tenants to Sir Charles, upon whose property some evictions have lately taken place. The police constable gave evidence that he heard the prisoner say, in the shop of a man named M'DONNELL, "That GARNETT and every other tyrant should be shot," whereupon he took him into custody, and having ascertained his name and calling, summoned him to the present sessions. M'DONNELL confirmed the statement of the constable, and the prisoner having nothing to say in his defence, save that he had drank too much that morning, was committed by the Court in default of bail; subsequently bail was procured and he was liberated....
SUPPOSED CASE OF POISONING AT COOTEHILL.--On Friday, the 12th inst., a shoemaker named TREANOR, living within a short distance of Cootehill, was arrested on suspicion of having poisoned his wife, who was interred some three or four weeks since. On Monday the body was exhumed, and an inquest held before John M'FADDIN, Esq., one of the coroners for this county. Doctors SHARPE and STUART, of Cootehill attended, and made a post mortem examination. The stomach remains with Dr. SHARPE for analysis. The principal witness against the prisoner was the deceased woman's mother, who stated that on the evening before deceased's death, the prisoner made a cup of tea for deceased. Witness said to wait till she was done churning and she would give it to her, but prisoner would not wait, but gave it to her himself. Immediately after taking the tea deceased complained that it was a dear cup of tea to her, and immediately was seized with a fit of vomiting and burning in the stomach. Witness some time since found two powder's in prisoner's pocket, and asked him what they were; but prisoner took them from her and threw them in the fire. It is rumoured that there was an improper intimacy between the prisoner and a girl in the neighbourhood. At the funeral of deceased a serious row occurred, and two young men were so severely beaten as to endanger their lives. The coroner committed the prisoner pending the result of the analysation. The prisoner applied to be admitted to bail, but the coroner refused. The case has caused great excitement, being the first of the sort in this usually quit neighbourhood.
CAVAN PETTY SESSIONS--MONDAY
Before Theophilus Thompson, J.P. (Chairman); Captain Carden, J.P.,; Wm. Babington, J.P.; and W. M. Hickson, R.M., Esqrs.
Sub-Inspector NAPIER occupied a seat on the Bench.
The Guardians of the Cavan Union brought up ten women with illegitimate children, in order to have informations taken against the reputed fathers under the provisions of the new Poor Law Act.
Mr. Babington was of opinion that corroborative evidence was required before the magistrates.
The Clerk said the magistrates in other places had referred to the Law Officers of the Crown for their opinion before proceeding with the cases.
Mr. Babington--To me the act appeared quite explicit as to the corroborative evidence. It says "it shall be" supported by corroborative evidence; but it is optionute (sic) with the Board of Guardians to proceed or not on the order of the magistrates.
Mr. Thompson coincided with Mr. Babington's view of the law.
The Clerk wished to know if the oath should be in writing.
Mr. Babington considered the certificate on the magistrates book sufficient.
Mr. Thompson--The act is now found to have a retrospective tendency.
Mr. Babington--It is, I believe, understood to go back 14 years.
It was agreed to adjourn the cases until the opinion of the Law Officers of the Crown is obtained.
Mr. Thomas REILLY, road contractor, summoned the Midland Great Western Railway Company for obstruction in not completing the road to the railway bridge at Derrygarra.
Mr. REILLY proved that the road was in a very dangerous state, and that Mr. JONES nearly met with an accident there a few days since.
James MONTGOMERY proved the service of the summons on the station master at Cavan.
Mr. Babington--I don't think we have any jurisdiction in the case. The act requires the proof of wilful injury.
Mr. REILLY said he did not press for any penalty if the obstruction was removed......
Mr. REILLY said the road had not been given up to the County Surveyor. If the Court would adjourn the case for a week he would produce the Lands Consolidated Act, under which railway companies were compelled to remove obstructions.
The Court agreed to adjourn the case till next Court day.
William WOODS summoned his wife for assault and creating disturbance. The complainant said he did not wish to proceed with the charge.
Mr. Thompson (to defendant)--You were before the Court on last day for drunkness, and a woman of your appearance ought to be ashamed of such conduct. Let you now go home and live like Christians.
INJURING THE PUBLIC ROAD
Charles LYNCH of Kilnavarry, was summoned by the police for cutting a large hole on the public road between Castle (illegible) and Mr. BARROE's demesne at Raskill.
The policeman proved that the defendant had cut a hole in the road six feet wide and 36 feet long.
The defendant said the road was closed these forty years, and that there was no public traffic on it.
Constable M'CARTHY said he could prove that the road was a public one, and that the defendant had made a large hole on it for the purpose of steeping flax and had left it in a most dangerous way.
The Court fined defendant 2s 6d; and ordered him to (return) the road in the same way he found it.
After disposing of a few unimportant cases, the Court rose.
BELTURBET PETTY SESSIONS--SATURDAY
Thomas F. Knipe, Esq., J.P., in the chair, and J. Rogers, Esq.
John CONNELLY v. Thomas HYNCH
The summons in this case was one for trespass, and the defendant alleged that an old established pass was the place whereon he had traversed. The Bench referred the matter to Mr. JOHNSTON, under agent to Lord Lanesborough.
The Bench now made Mr. JOHNSTON report on the matter--which was in favour of the plaintiff, and that defendant had no right to go that way.
HYNCH said he did not consent to the matter being left to Mr. JOHNSTON.
Chairman--The case has been left to him, and we will now act upon his report.
An order was made that HYNCH pay the costs, and trespass no more.
Michael M'DONALD summoned Thomas HYNCH, Edward HYNCH, James HYNCH, and others, for wilfully trespassing on complainant's premises and through his fences.
The complainant stated that every Sunday a number of persons, among whom he could identify one or two of the defendants, assembled with dogs and hunted over the country. On the last occasion they went first across the mearing between his land and that of the distillery, and then back across his land, breaking down the mearing between him and M'CONNELL.
Chairman--And is that all you have to complain of--your neighbour merely running over the ditch. I suppose if I done the same you would summon me. It is a shame. There must be some spite in the matter. You must have very little to do making a fool of yourself and us as well. We dismiss the case.
Same complainant summoned Thomas HYNCH for 1s., trespass of a pig on complainant's premises, on the 6th instant.
The trespass was proved by complainant, but defendant's servant girl being sworn stated that she was driving the pig along the pass, and when opposite the complainant's door she run over on his premises; that he would not let her go after it, but sent his son after it, and demanded trespass.
The Chairman considered the complainant would be much more profitably employed if attending to the duties of his farm, than at such spiteful litigation, and said he would dismiss this case also.
Anne SIDES summoned John PRATT for an assault on the 1st inst.
Complainant, on being sworn, stated she was a hired servant in the house of Frank PRATT, father to the defendant. On the morning of the 1st, she said she was unable to churn longer, the defendant gave her a kick and knocked her over against a dresser. That was the third assault he had committed upon her during her time of service.
The defendant's father appeared, he said for the son, but the Bench would much rather have made the acquaintance of the "young man." The assault could not be denied, but the father urged had it been very severe, she would not have continued in her work for a week after, and then leave at her mother's solicitation.
The Chairman considered the assault most aggravated and unmanly, and fined defendant 5s and costs.
Frank PRATT summoned Ann SIDES (the complainant in the above case), for leaving his service without leave.
The Bench considered that the assault complained of in the former case was a sufficient cause for her leaving, and dismissed the summons, ordering the girl to bring a summons for her wages.
GAME PROSECUTION--A NARROW ESCAPE
Maryanne MAGUIRE appeared in answer to a summons at the suit of Head Constable FLYOD (sic), Belturbet, for that she had in her possession, and offered for sale snipe, not being duly licensed, as required by the statute, for selling same.
It appeared, however, that the Act required that a special Petty Sessions be held for the purpose of granting licenses every year by the magistrates, due notice to be given of same, which was not complied with within the past year.
The prosecution was consequently abandoned. The magistrates, however, gave defendant a caution, which will likely have as good an effect as a penalty.
The other cases were few and unimportant.
The Court then adjourned.
August 11, at Bombay, the wife of Theodore COOK, Esq., C.E., of a son
On the 16th inst., in this town, Mr. Edward BLAKE, to Rose, relict of the late Mr. Patt SMITH, Cavan.
On the 4th inst., in New York, after a lingering illness, Mrs. Mary CLINTON, a native of Drumcoura, county Meath, wife of the late Nicholas CLINTON, Carrickmacross, aged 45 years.
On the 5th inst., in New York, John SMITH, a native of the parish of Killincare, county Cavan, in the 50th year of his age.
ATTEMPT TO CUT OFF A MAN'S HEAD--On the 15th instant, at Doonane, in the Queen's Co., Timothy MURPHY attempted to cut off the head of a poor collier, named James NEVILLE, of Cloneen, in the county of Kilkenny. He was arrested that night. The outrage was reported to John Andrew KIRWAN, D.L., R.M., on the following day, and that gentleman lost no time in visiting the scene and examining the wounded man, who very luckily escaped with a severe sword cut on the jaw and the loss of some teeth. Mr. KIRWAN made the offender amenable to justice, committing him for further examination to Stradbally Bridewell, and on Tuesday last all evidence was completed, and the prisoner was fully committed to Maryborough Gaol to stand his trial for the offence, which...is punishable by penal servitude for life, and for not less than three years, or for any term of imprisonment not exceeding two years.
The Rev. Thomas CARTWRIGHT left the Methodist New Connexion in England not long since to become a curate in the Established Church, and some few days ago he went a little farther, having been sent to gaol to stand his trial for forgery.
September 27, 1862
Re-Opening of the Enniskillen Family and Commercial Hotel
1, Upper Dorset Street (Lower Dominick Street),
Edward QUIRK, in returning thanks for the kind patronage given him for the last ten years begs to inform his numerous friends that he has closed his Old House, "the Midland Railway Hotel," Upper Dominick Street, and has removed to the above Larger and more Commodious Establishment....
E. QUIRK will continue to pay the utmost attention to secure the comfort of Visitors staying at his Hotel. The scale of charges will be found very moderate. Dublin, August, 1862
COOTEHILL POISONING CASE--The adjourned inquest was held on Saturday, the prisoner TRAINOR being in the charge of the Cootehill constabulary. The only witness examined was prisoner's mother-in-law, who, as on the former occasion, swore that her daughter, immediately after taking a cup of tea prepared for her by prisoner, exclaimed, "Oh, mother, that is a dear cup of tea to me." Dr. SHARPE proved that he had analysed the stomach and found it healthy and no traces of poison. The jury returned a verdict of death from "natural causes," and the prisoner was discharged.
CAVAN PETTY SESSIONS--MONDAY
Before Theophilus Thompson, J.P. (Chairman), Captain Carden, J.P., Wm. Babington, J.P., Nathaniel Montgomery, Esq., J.P., J. G. Tatlow, Esq., J.P., and W. M. Hickson, R.M., Esqrs.
Sub-Inspector NAPIER occupied a seat on the Bench.
Margaret GREY summoned James LEE for an assault. It was cause and cross-cause, and Mr. M'Gaurin appeared for LEE.
Margaret GREY deposed that she gave land to LEE to sow flax in for which she was to receive £1; was to have got the money the Tuesday after she set the land; defendant came to pull the flax when she thought to prevent him until she was paid; he then assaulted her, and knocked her down five times.
To Mr. M'Gaurin--Got a cwt. of meal from defendant, but was not to pay for it till next Christmas; swears she did not give the land for the flax in payment of the meal; can't say if the flax is there yet; swears she did not take it away.
Mr. M'Gaurin--The fact is the complainant is trying to defraud his client. She agreed to give the land in payment for the meal and had on last night taken away the flax.
Mr. Thompson said the complainant was evidently trying to act a roguish part.
A witness was produced for the defence who proved that the complainant first pushed defendant off the ridge.
The Court dismissed the case, and told defendant (sic) if she would not give up the flax she would be sent to jail for (taking) it.
Complainant's husband said the flax would be given up.
Mr. John MOORE summoned James MAGILLAN for illegally leaving his service.
A witness on behalf of Mr. MOORE proved that he hired MAGILLAN at 1s a day till November; the agreement was made three months ago.
The defendant said he never was employed by a better master than Mr. MOORE, and left him because his sisters would not bring him his food.
Mr. Thompson--You have the alternative of going back to your service or to gaol for three months.
Defendant said he was satisfied to put in his time and the summons was nilled.
Patt BRADY summoned Henry LEE for £ 6 s wages. LEE summoned BRADY for leaving his service, and Mr. Armstrong, solicitor, appeared for LEE.
BRADY proved that LEE owned him the amount sued for; left his employment in consequence of bad treatment; never got anything but stirabout and potatoes and milk.
To Mr. Armstrong--The other servant got the same treatment, and LEE himself eat the same, but he got something "kind" during the day.
The Court considered the treatment BRADY was receiving should not cause him to leave his employment, and desired him to go back or he would be sent to gaol for three months. BRADY said he would go back.
LETTING CATTLE OUT OF POUND
John FINLEY sued Mr. George BUCHANAN for 10s, an amount which complainant claimed for impounding two jennets which were found straying about the streets of Cavan. This case was before the Court on two former occasions.
The complainant proved that he was employed by the town constable to impound the cattle, and told to leave £1 on them; brought the two jennets to Buchanan's pound, and told Mr. JONES, to whom he gave them up, that there was a demand of 10s. upon them; the cattle were given up and witness got nothing for his trouble.
Mr. BUCHANAN denied that any penalty was left on the cattle.
Mr. Babington--Was an order made by the Town Commissioners respecting the cattle in question?
MONTGOMERY said no order was necessary, as the Towns' Improvement Act specified the penalty in such cases.
The Court referred to the section of the act, which authorised any person to take up cattle found wandering, and rendered same liable to £1 penalty.
MONTGOMERY proved that he employed complainant to impound the cattle, and leave £1 penalty thereupon.
Mr. Babington considered BUCHANAN acted improperly in giving up the cattle without receiving the penalty laid upon them.
The Court were about granting a decree against BUCHANAN, when the Petty Sessions Clerk observed that the Poundkeepers Act a written notice should be served claiming the penalty.
On referring to the Poundkeeper's Act it was found that a written notice was necessary.
MONTGOMERY said he went next day to serve the notice when the cattle were gone.
The Court dismissed the summons.
Mr. BUCHANAN said he wished to give up the pound license. The Court said if he wished to do so there was a specified course laid down in the Act.
CHARGE OF STEALING BUTTER
Bernard HOWARD of Church-lane, was brought up on a charge of having in his possession a firkin of butter which had been stolen.
Mr. Thompson said the case was clothed in so great suspicion against the prisoner that he thought it right to have it investigated.
Philip REILLY proved that he loaded his cart with butter at the Market house, and was proceeding through Church-lane to the railway station; stopped his horse opposite the gaol, and turned back to speak to a person; when he returned to the horse he met two boys named Andrew SMITH and Pat M'CABE; as soon as M'CABE came up he said to witness that he had lost a firkin; witness considered it was taken for a joke, and that he would get it back.
To Mr. Thompson--The firkin could not have fallen off the cart.
Head-constable MOORE proved that information came to the police barrack of the loss of a firkin of butter; it was suspected to have been taken in Church-lane and the police proceeded there; was not present when the butter was found in prisoner's house; he said his wife found it in the street about an hour and a-half previous.
Prisoner--I said half-an-hour.
Head-constable MOORE--Can't swear exactly as to the time prisoner stated, but it was his impression it was an hour and a-'a!
A sub-constable proved that when the police went to prisoner's door he asked what they wanted and being told they were in search of butter, he said he had it, and that his wife found it in the street....The prisoner said he was in bed when his wife brought in the firkin, and the moment he heard the police were looking for it he informed them about it.
The Court, after some consultation, discharged the prisoner.
County Cavan Newspaper Transcription Project
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