Cavan Observer
Published in Cavan, county Cavan
April 4, 1863
COUNTY OF CAVAN
DIVISION OF CAVAN
A LIST of Applications received by the Clerk of the Peace from persons seeking EXCISE LICENSES for the Sale of Beer, Spirits, &c.....
AT CAVAN
On WEDNESDAY, the 8th Day of April 1863, immediately after the Grand Jury shall have been sworn:--
GUSTAVUS TUITE DALTON
No. NAME RESIDENCE PARISH BARONY 1. BRADY, Patrick 35 Bridge-street, Cavan Urney Upper Loughtee 2. CRONLY, John Bridge-street, Cavan Urney Upper Loughtee
Clerk of the Peace, County Cavan.
Cavan, 19th March 1863
COUNTY OF CAVANDIVISION OF COOTEHILL
A LIST of Applications received by the Clerk of the Peace from persons seeking EXCISE LICENSES for the Sale of Beer, Spirits, &c.....
AT COOTEHILL
On THURSDAY, the 16th Day of April 1863, immediately after the Grand Jury shall have been sworn:--
GUSTAVUS TUITE DALTON
No. NAME RESIDENCE PARISH BARONY 1. M'CABE, John, jun. Bridge-street Cootehill Drumgoon Tullygarvey 2. MARTIN, Hugh Market-street Cootehill Drumgoon Tullygarvey 3. M'GOVERN, Farrell Market-street Cootehill Drumgoon Tullygarvey 4. M'KEON, Margaret Market-street Bailieboro
Clerk of the Peace, County Cavan.
Cavan, 27th March 1863
LOCAL NEWSATTEMPT AT SUICIDE IN CAVAN GAOL--On Monday last, a young man named Thomas BRADY, from near Mountnugent, attempted suicide in our county gaol, of which he was only a few days an inmate. It appears that at the summer assizes, 1862, Brady was indicted for an indecent assault of a girl of 13 years of age. The grand jury found true bills against him at the time; but he was not then amenable, and has evaded the vigilance of the authorities until he surrendered himself a prisoner some few days ago, when he was committed to stand his trial at the next assizes. In the early part of Monday, Brady was observed to be in a fretful, desponding mood, occasionally giving way to convulsive fits of crying. The governor of the gaol deemed it advisable to place a watch over him, and he was accordingly removed to a class room, under the care of one of the warders. While in the class room, he succeeded in taking a razor from a drawer, which was after being placed there by one of the other prisoners, and proceeded with it to the rere. Fortunately, the persons in charge of him observed his movements and prevented him accomplishing his design of self-destruction. Brady gave himself a couple of gashes on the neck, but the wounds were not of a serious nature. He is considered insane.
EMIGRATION--It is really surprising the extent to which emigration is at present going on from this county. Every morning large numbers, chiefly young persons belonging to the agricultural population, are to be seen at our railway station proceeding to America; and at Belturbet, Crossdoney, Cootehill, and the other railway stations of the county, a similar exodus of the population is to be observed.
COUNTY MEATH--DISGRACEFUL OUTRAGES--A practice has now become prevalent of shearing sheep by night, and many instances of it have occurred in the barony of Ratoath, in the above county. Within the last week Mr. ROONEY, on his farm, at Fleenstown, had no less than four shorn, and within a field or two of the police barrack of Ratoath two were shorn.....Correspondent
CAVAN PETTY SESSIONSMONDAY, MARCH 30
(Before Theophilus Thompson, Esq., Chairman; William Babington, Esq., and William Smith, Esq.)
Sub-Inspector Napier occupied a seat on the bench.
DESERTED PAUPERS
Edward FINLEY, the Porter of the Cavan works house, brought up two women to swear informations against their husbands who had deserted them, whereby they became chargeable on the Cavan union. Warrants were issued against the parties.
WAGES
Mary A. O'CONNOR summoned Mr. Patrick DUFF for £2 wages. The plaintiff proved that she had been a servant to the defendant for six years; left his service on the 7th of last November; settled with defendant up to the previous August, and remained in his service for a quarter and seven days afterwards for which she had not been paid; when leaving she got a discharge in which it was stated all wages had been paid; Mrs. Duff gave her sister the discharge....
Mr. Duff proved that he settled with plaintiff up to August, and was going from home at that time, when she asked him to advance her £1, which paid her for the remaining time she was in his service; the plaintiff injured a great deal of his property....The plaintiff admitted having got £3 from Mr. Duff after the settlement in August; but it was not in consideration of her wages.
The Court dismissed the case.
STEALING TURF
Mary O'BRIEN was summoned by Thomas SHEIL for stealing turf. SHEIL's watchman proved to having seen defendant steel the turf. The Court was about to commit the prisoner to gaol for a week, when Sheil said she was a girl of good character, and asked their worships to impose a small fine instead of sending her to gaol. She was fine 1s and costs.
WAYLAYING
Constable CRAWFORD, of the Crossdoney station brought up two young men, named Thomas GOOLRICK and Thomas M'GARRIN, on a charge of waylaying John DRUM, on the 17th instant. The Constable stated that when the matter was reported to him he consulted Drum about it, but he evidently felt reluctant to prosecute. It was such a serious breach of the peace that he deemed it advisable to bring all the parties before the Court.
John DRUM sworn--Was beaten on the night of the 17th near Kilmore; was knocked down by Thomas M'Garrin; Thomas Goolrick struck him; they were all drunk.....
Constable Crawford said Drum's thumb was nearly bitten off, and he got a severe cut on the back of the head....A witness, who was present at the occurrence, proved that the parties were all drunk and wrangling on the road...The prisoners were committed to gaol for a month, with hard labour.
LARCENY OF WEARING APPAREL
A woman, named KENNEDY, was charged with having in her possession some articles of wearing apparel, the property of Mrs. FINNEGAN, of Farnham-street. The case was adjourned on last Court day...
The prisoner said she was unable to find out the person from whom she bought the article; she was passing the shop of Mr. SMALL, pawnbroker, when she saw a woman coming out with an article on which she said she could get nothing on; prisoner gave the woman 1s for it....Mrs. Finnegan said she had reason to suspect that a person named LAWSON, who was a neighbour of the prisoner's, stole the property. When arrested the prisoner stated she purchased the article ten years ago at Mr. MOORE's in Cavan.
The case was adjourned till next Court day, and directions were given to summon Lawson.
There were no other cases of public interest.
April 11, 1863
CAVAN QUARTER SESSIONS
The Easter Quarter Sessions for this division of the county commenced here on Wednesday, before Joshua CLARKE, Q.C., Chairman of the County. His worship took his seat on the Bench at ten o'clock, when Mr. P. CAFFREY, Deputy Clerk of the Peace, opened the Court in the usual manner, and then swore the following gentlemen on the
GRAND JURY
Thomas HARTLEY, foreman; Edward KENNEDY, William Moore BLACK, Francis M'CABE, James MORROW, James KILROY, Francis E. HUDDLESTON, Henry DOUGLAS, William NORTON, Daniel BIGGER, George GRAHAM, Philip SMITH, John PRUNTY, John DAVIS, James HARTLEY, Edward FEGAN, William FOSTER, John BEATTY, William Humphrys NESBITT, James MEAKLE, and J. BEATY, Esqrs.
The Chairman briefly addressed the grand jury....The bills of indictment were then sent before the grand jury, the consideration of which occupied but a short time, after which his worship discharged them...
The following magistrates assisted the Chairman in the discharge of the business:--Captain CARDEN, J.P.; William Murray HICKSON, Esq., R.M.; Theophilus THOMPSON, Esq., J.P.; Capt. ERSKINE, J.P.; Captain PHILLIPS, J.P.; David Fielding JONES, J.P.; Nathaniel MONTGOMERY, J.P.; William BABINGTON, J.P.; G. J. TATLOW, Esq.
Ralph HARMAN, Esq., Sub-Sheriff was in attendance.
The following is the amount of business at the Sessions:--
Civil Bills 330 Ejectments 36 Crown numbers 4 Appeals 1 INSOLVENT DEBTORS
There was only one case of this kind, which stood adjourned from last Sessions, namely that of John WALKER. Mr. MAHAFFEY, solicitor, opposed the insolvent on the part of Messrs. ROONEY and GANNON, of Dublin, and it was again adjourned to next Sessions.
John CRONLY, and Patrick BRADY, both of Bridge-street, Cavan, applied for spirit license, Granted in both cases.
REVENUE PROSECUTION--APPEAL
This was an appeal from the decision of the Belturbet magistrates, by a man named Patrick FITZPATRICK, who was prosecuted at the suit of the Commissioners of Inland Revenue, for having in his possession, in the townland of Portruin, an island on the river Erne, near Quivvy, a quantity of "wort," intended for illicit distillation.....Constable SHEIL proved to having found in the possession of the defendants, and brought the liquid to the Supervisor of Excise......Two witnesses were examined for the defence, who proved that they were in the habit of making "potteen," and that they would not use the "stuff" found in Fitzpatrick's possession for illicit distillation.
His Worship, after consulting with the magistrates, said that a majority were for confirming the decision of the Petty Session Court, and in that opinion he fully concurred.
ASSAULT
The following petty jury was then empannelled:--James TRENOR, Ralph FOSTER, George TWEEDY, Bernard GAFFNEY, J. OSWALD, A. WANN, James BARNET, William PRATT, Patrick LEE, Hugh BRADY, Charles MAGUIE and Thomas FOSTER.
James REILLY was placed at the bar, indicted for assaulting Patrick M'IVINUE at Belturbet on the 6th of February last..
Mr. Knipe, who appeared for the prisoner, asked the Court not to press the case, as the parties were anxious to settle and as there was a civil action pending connected with the same transaction.
Mr. Benjamin Armstrong said the case was of so serious a nature that he could not comply with the request of Mr. Knipe. Mr. Armstrong then stated the case on the part of the Crown.
Patrick M'IVINUE sworn and examined by Mr. Armstrong--Was going home with a barrow on the 6th of February when I met the prisoner driving cows near to my house; prisoner commenced abusing me, and then ran at me; a struggle took place between us, when he tossed me; when down he put knee upon my breast, and put his hand in my scarf and thought to strangle me; his violence rendered me insensible; I was extricated by my wife and William M'ELOON; my wife ran for the police, and I staggered to the barrow, on which I sat down exhausted from loss of blood; was not long sitting on the barrow when I saw the prisoner return with a large stick in his hand; as soon as I saw him I exclaimed, "are you going to murder me out;" he then commenced beating me with the stick; and I was unable to give any resistance; he gave me nine cuts in the head, and blackened me about the body; was nearly insensible when the constable arrived, and arrested us both, when I charged him with the assault.
Mr. Knipe cross-examined the witness but did not shake his original testimony.
The prosecutor's wife was the next witness examined, and proved that the prisoner assaulted her husband....
Cross-examined by Mr. Knipe--The prisoner was not in the habit of having his cattle where they were on that day; never saw them farther down the lane than the spring well; pulled my husband from under the prisoner, but did not assault the prosecutor.
William M'ELOON sworn....Was told by a neighbour to run down the lane, as there was a fight; when I wend down I saw M'Ivinue lying on the ground, and the prisoner with his knee on his breast, and his hand in his cravat....
Mary HEANY sworn and examined by Mr. Armstrong--Knows Patrick M'Ivinue, and recollects the day he was beaten..
Bridget LITTLE examined by the Crown Solicitor--Recollects seeing the prisoner running down the lane on the 6th February.....saw the prisoner strike M'Ivinue several blows of the stick.
Constable HEDRINGTON proved to having arrested the prisoner; took the stick now produced from him....
This closed the case, and his Worship recapitulated the evidence at much length.
The jury, after a short deliberation, found the prisoner guilty; and his Worship in sentencing him dwelt at much length on the aggravated nature of the offence of which the prisoner was convicted. The prisoner was sentenced to 12 months' imprisonment with hard labour.
LARCENIES
Mary SMITH and John KING, for stealing two cows from John SMITH at Kilmacross. The female prisoner was the daughter of the prosecutor, and as KING had married her since the cows were stolen he would not press the case, and the Crown not pressing, the parties were discharged.
Anne and Thomas DOLAN, for stealing a silk dress the property of Henry CALDWELL.
Anne DOLAN sworn and examined by Mr. Armstrong, Sessional Crown Solicitor--Lives at Arvagh; the prosecutor has a shop in that town; witness was in the habit of being employed by Mr. Cardwell (sic) on fair days. A plaid dress was stolen from his house on the 7th February last; went to ROGERS's public-house and found the prisoners there; the female prisoner had a dress in a bundle under her arm; Constable MORAN arrested the prisoner (identifies the dress produced as belonging to Mr. Cardwell).....
The jury retired and found Anne Dolan guilty, acquitting the male prisoner. She was sentenced to six months imprisonment with hard labour.
LARCENY OF OATS
James M'GAGHRAN, of Creeny, and James M'GAGHRAN, of Coolanda, were indicted for an assault and robbery of oats from Hugh M'KERNAN.
The prosecutor deposed that he was at the fair of Arvagh on the 25th March; bought twenty-three stone of oats which he had on his cart when he arrived at Killeshandra, on his way home to the county Fermanagh; went into a public house and saw the prisoners there; there were three other persons with them; heard them dispute about paying the reckoning; left the public house about 10 o'clock to proceed home; the prisoners and the other men who were in the public house came out and got on his cart; when he got clear of the town witness was assaulted with a stick, but not by either of the prisoners; two bags of oats were taken off the cart; drove away very quickly and missed his way until near Ballyconnell; one of the prisoners, James M'Gaghran, of Coolanda, returned the oats to him, but not the money taken from him or his knife.
Cross-examined by Mr. Armstrong--Was not drunk, but took a glass or two.
Thomas MAGAN was examined by Mr. Knipe for the defence. He proved that he kept a public house at Killishandra; the prosecutor came to his house the worse of drink; the prisoner James M'Gaghran of Creeny was not in his house that day; when the prosecutor come to his house it was between nine and ten o'clock; did not tell him that he would be robbed and murdered.
Phillip M'Gaghran, father of James of Creeny proved that he was at home on the night in question, and went to Killishandra during the day to buy potatoes, but he was home at seven o'clock.
Mary M'Gaghran, sister to prisoner, corroborated the evidence of the last witness..
Mr. GREGG gave a good character to James of Creeny, Albert NESBITT, Esq., also gave him a good character.
The jury acquitted James of Creeny and found the other prisoner guilty. He was sentenced to six months' imprisonment with hard labour.
This case concluded the criminal business.
EJECTMENTS.
The Right Hon. Lord Farnham v. Miss Eliza CLINTON.
This was an ejectment for possession of a house and premises in the Main-street, Cavan, lately in the possession of Mr. James HARTLEY. The case was adjourned from the last Quarter Sessions of this town, on the application of Mr. M'GAURAN, the solicitor for the defendant, in order to afford him time to produce one of the lives in the lease, who, it was stated, was alive in Australia.
Mr. M'Gauran stated that he was then unable to produce the witness he expected; but he had good reason to believe that person alive and would be in this country in June. His mother, the old woman, who was examined at the last trial, and who died since, wrote to her daughter in Dublin, stating that her son was alive, and would be home from Australia in June.
His Worship said he should grant a decree of possession; but it would not preclude the defendant her remedy at a future time if the witness, whose life was in the lease, could be produced. Mr. M'Gauran said he should submit to a decree of possession; but he did not despair of ultimately sustaining his case.
A decree of possession was granted.
CIVIL ACTIONS
Catherine LITTLE, of Redhills, sued the Irish North Western Railway Company for £10, damage and loss sustained consequent on the Railway Company not making a proper passage across a stream leading to her land.
Mr. M'Gauran appeared for the plaintiff, and Mr. Knipe for the Railway Company....
Mr. BOYD, of the firm of Maceroy, Son, and Boyd, attended on the part of the Railway Company and produced the award. He said that the Railway Company were not bound by the award to make a permanent passage across the stream. At one time the plaintiff expressed herself satisfied, if what is called a "dish" was made, and which the Company had done; but the "kish" (sic) to which Mr. M'Gauran alluded to would not allow his client to bring a horse and cart to her land. Mr. Boyd observed that the plaintiff sought for more damages that the land in question was worth. The Railway Company would prefer purchasing the land. Mr. M'Gauran said his client would dispose of it for £100...
A decree for £5 was granted, but Mr. Boyd said the railway company would appeal.
We have unavoidably to postpone a fuller report of the Sessions till our next publication.
DIED
April 6, at the residence of the Rev. Robert Delap MONELLAN, where she had been on a visit, Anna, the beloved wife of the Rev. Alexander Sinclair HUMPHRYS, Killygordon.
THE CHURCH
DIOCESE OF CLOGHER--The Rev. A. WILLIAMSON has been appointed by his Grace the Lord Primate, Bishop of the Diocese of Clogher, to the living of Templecarn. Mr. Williamson has for many years assiduously discharged the duties of curate and vicar, in the parish of Donagh.--BELFAST NEWS-LETTER.
April 18, 1863
LOCAL NEWS
FIRE.--About four o'clock on Tuesday morning, a fire broke out in the back part of an uninhabited house in the Main-street, of this town, opposite the residence of Mr. James O'BRIEN, printer, and separated by a lane from the tobacco manufactory of Mr. James FAY. Intimation of the occurrence having been given to the Constabulary, the members of that force, under the command of Sub-Inspector J. W. NAPIER, at once repaired to the spot, and through their exertions soon succeeded in extinguishing the fire....An unfortunate girl, named Mary REILLY, was arrested on suspicion, she having been seen about the premises in the early part of the night, but after some inquiry she was discharged....The premises belong to a Mrs. BAXTER of Dublin.
INQUEST--William POLLOCK, Esq., Coroner, held an inquest on Tuesday last, in the County Infirmary, on view of the body of a child about three years old, named Philip DONOHOE, who had been admitted into the Infirmary on the 3rd inst., severely burned. It appeared from the evidence, that the child was bringing a lighted coal to its father, who was working in a field convenient, when its clothes caught fire, and before assistance could arrive, was so severely burned that it died from the injuries on the night of the 13th inst. The jury returned a verdict of "Accidental death from burning."
THE GLENVEAGH MURDER--On Wednesday an inquest was held on the body of GRIERSON, when the jury returned the following verdict:--"We find that the deceased Adam GRIERSON came by his death in consequence of a gun shot wound of the belly; and we further find, according to the evidence before us, that Francis BRADLEY fired the shot." The prisoner was committed to Lifford jail.
CAVAN PETTY SESSIONS
MONDAY, APRIL 13
(Before William Babington, Esq., J.P.)PROCESS
Mr. John MURPHY summoned Mr. John BRADY for £1 10s for shop goods. Mr. John Murphy's shopman proved the debt, and a decree was granted.
WAGES
Mr. William HAMILTON, tailor, summoned William Thomas AUSTIN, Esq., for refusing to pay him 10s., due for wages for making a coat for him. Mr. Hamilton proved to having been employed by the defendant to make a coat for him; made the coat as instructed, and when it was sent to him the defendant refused to pay for it.
Mr. Austin said he objected to pay for the coat because it had not been made according to his directions. When he purchased the material at Mr. SIXSMITH's, the latter gave him a guarantee that the plaintiff would properly make the coat; but he found he had spoiled it........Mr. Austin proved that the coat was not made as he directed; nor was the description of braiding he ordered put on the coat. Mr. Austin produced the coat in dispute, and also the one he had shown plaintiff as a pattern.
William WALSH and John MAGRATH, two tailors, after examining the coat, declared it to be well made; but that it was not cut according to the pattern coat...
After referring to the act of parliament, Mr. Babington said he should grant a decree; but Mr. Austin had his remedy against Messrs. Hamilton and Sixsmith by civil action.
After disposing of a few cases of trespass, the Court rose.
FEARFUL MURDER IN CROSSMOLINA--On Sunday night the town of Crossmolina was the scene of an awful tragedy. A respectable widow lady residing in the town, Mrs. M'NAIER, has been murdered in cold blood by her eldest son, William M'NAIER. Wm. M'Naier is the eldest son of the late Dr. M'Naier. The accused, it appears, threatened his brother's life on more than one occasion. He is stated to have been under the delusion that the devil was in the house, and on the above night, at about half past eleven, he got out of bed, went to his mother's room, and called for a candle. She directed the servant to get a candle, and while she was procuring it he told his mother that she was the devil and to get out of bed. The old lady at once rose and went to the room of her second son who was in delicate health, and told him that William was perfectly deranged. This boy then told her to keep quiet for a little, and that he might calm down. On her way to her room she met William, who was in his night shirt on the lobby, and in a most excited state....She ran as well as she could towards the barracks for protection, but he overtaking her, struck her a violent blow on the back of the neck, prostrating her on the street. Her head came forcibly against the kerb-stone of the footpath, dashing the blood to the height of eight feet on the house of Mrs. MOSTYN, which was opposite. He then paced several times up and down beside her, say, "I have killed the old devil," "the devil is dead.".....The police, hearing the noise, hastened to the place and arrested M'Naier, and conveyed his mother, who was still insensible, to her home. Mrs. M'Naier expired on Wednesday last--M'Naier was fully committed to Castlebar jail for trial to the Assizes.--SLIGO CHAMPION.
ATTEMPT AT MURDER--It was reported in Derry on Saturday morning that Adam GRIERSON, land steward to Mr. ADAIR, of Glenveagh, had been fired at yesterday evening and dangerously wounded. Further information has been received to the effect that a man named Francis BRADLEY has been arrested, and fully identified by Grierson as the man who fired at him. Grierson is said to be in a dying state.
FURTHER PARTICULARS--Poor GRIERSON lingered in great agony till about twelve o'clock on Monday, when he expired. Charles H. SWINEY, Esq., coroner for the district accompanied by the police authorities, proceeded next morning to the scene of the murder, to hold an inquest on the body. Thomas BRADLEY, the person accused of the murder, was marched from Letterkenny Bridewell, under a strong escort of police, to be further charged at the inquest. He appeared to be exulting in the awful deed, as he continued laughing, even glorying in his position.
COMMISSION OF OYER AND TERMINER
The Hon. Baron HUGHES and the Hon. Baron FITZGERALD sat at ten o'clock on Saturday, and resumed the business of the Commission.
Sergeant SULLIVAN, Mr. C. R. BARRY, Q.C., and Mr. BEYTAGH, instructed by Mr. ANDERSON, Crown Solicitor, prosecuted in Crown cases.
SOLICITING TO MURDER
Joseph HARCOURT was indicted for soliciting one John SMITH, and one John GRAHAM, on the 15th of February, to murder Isiac Wightman DICKENSON, of Ashgrove, Newry. The prisoner pleaded not guilty.
Mr. SYDNEY, Q.C., when Mr. J. A. CURRAN, instructed by Mr. Charles FITZGERALD, appeared for the defence.
John SMITH deposed that he had several interviews with the prisoner; that he asked him to go down to Newry to shoot Mr. DICKENSON, and that as he was "hard up" he might as well earn a few pounds as anybody else; he said "all right," but he was only wanting to draw the particulars from the prisoner, in order to inform against him and have him arrested.
On cross-examination the witness said he was a special constable in 1848, but he received no pay for it.
John GRAHAM sworn--I am housekeeper in the employment of the Hibernian Gas Company; I went, on the 15th of February, with the prisoner to Walsh's Hotel, where he was stopping; Smith was with us; two bottles of porter and a glass of spirits were ordered, and the waiter brought them up to the prisoner's bedroom; he said there was a party living in Newry who was not on good terms with his wife, and that they were not living on amicable terms, and it was the wonder in the country that he was not shot long ago; he asked me if Smith was a good shot; I told him I did not know whether he was or not; he said if Smith would go down to Newry for a few days he would get a few pounds, and he could put him out of the way; I told him he should be very cautious as to what he was about, and said my impression was, that he intended to get the man out of the way and marry his widow, or something to that effect; Smith did not refuse to go down; at three o'clock we came back to my place from the tavern, but nothing particular occurred; Harcourt wanted to go away by the five o'clock train, and he called me into the yard before going away, and asked me if Smith was a man who could be depended on to do the job, and I said certainly not, that he wanted to get all the information he could out of him.
To the Jury--The prisoner mentioned Mr. Dickenson's named every time I met him previous to this.
Examination continued--I told the prisoner on that day that as Mr. Dickenson was a man of means, it would be better to make some arrangement with his wife, and give her £300 or £400 a year, and not to have the man murdered......
William MULLEN sworn and examined by Mr. BARRY, Q.C.--I live near Newry; I keep a store in the town, follow the sweep chimney, and am a farmer; I know the prisoner since his childhood and know that he earned his bread as a tutor; I know that he lived with Mr. Dickenson; Mr. Dickenson did live at Ashgrove but he has left it; a few days before he was arrested the prisoner asked me if I was going over to the house as I was standing near the chapel thinking to go to say my prayers......he asked me if I had heard a story about Mr. Dickenson and the servant girl, which alleged that that gentleman stated to the servant, in the presence of his wife, that she was in the family way to him, and he said in reply that Mr. Dickenson had "dismachinery" enough at home without having anything to say to the servant girl (laughter); The prisoner then said that Dickenson should be put out of the way.....
John DONNELLY, a medical student, and apprentice to an apothecary in Newry, was examined, and deposed that he was acquainted with the prisoner, who had been his tutor, for some years previous to December, 1860.........he remembered meeting the prisoner in December in Newry, and the prisoner asked him to give him some prussic acid, and he replied, "Sure you could get it yourself in town;" the prisoner, however, asked witness to give it to him, and he consented to do so; he said he wanted it to poison rats; asked him how he intended to administer it, and he said he would administer it in milk....ultimately the prisoner called on him at Mr. M'BRIDE's, who keeps a medical establishment in Newry, where the witness was employed; the prisoner asked for the prussic acid, and he gave him some in a phial; the quantity was something less than a drachm....
Mr. James CONVILLE, apothecary, proved that the prisoner called to him for strychnine, which he refused to give him.
William NESBITT, a National School teacher, deposed to conversations which he had with the prisoner, relative to Mrs. Dickenson, in the course of which he called Mr. Dickenson a "damned ruffian."
Head Constable KENNETT deposed to having seen the prisoner, on the night of the 18th of February, in the demesne of Ashgrove, about nine o'clock in the evening; witness was concealed behind a tree and saw the prisoner go towards the house, but on seeing witness the prisoner said it was a fine night, left the ground and ran towards his own house.
Patrick BOWEN deposed that he was in the employment of Mr. RIGBY, and that the prisoner fired six shots with a pistol, by way of practice, in Feb. last.
Mr. CORRY deposed that he was a magistrate for three counties, and was acquainted with Mr. and Mrs. Dickenson, and know their handwriting; the handwriting of both was to a marriage settlement produced, which secured to Mrs. Dickenson the sum of £4,500, in the event of her surviving her husband, in addition to her own fortune...
Several witnesses gave the prisoner a good character.
Baron Hughes, in passing sentence, commented on the enormity of the prisoner's offence, and sentenced him to ten years' penal servitude. A Juror said they were desirous of recommending the prisoner to mercy, on account of his previous good character. Another Juror said they were not unanimous in the recommendation.
His lordship said that the jury not being unanimous, he could not attend to the recommendation, and even if they were unanimous he would not attend to it, because previous good character in a case of that kind was no ground for mercy.
The Court then adjourned to half-past ten o'clock on Monday
April 25, 1863
LOCAL NEWS
ABATEMENT OF RENT--The tenantry on the estate of Edward SAUNDERSON, Esq., of Castlesaunderson, are receiving an abatement of 20 per cent, on last year's rent. The agent of the estate, John E. VERNON, Esq., affords every encouragement to the tenantry, who are daily receiving other benefits, a circumstance which shows the present act of liberality in a more generous light.
FATAL EFFECTS OF DRUNKENNESS--A few days since, a sad occurrence took place in the neighbourhood of Ballyconnell, in this county, which eventuated in the loss of life. A man, named John CRAIG, of Ardloghter, attended the fair of that town, accompanied by his wife. During the day he indulged pretty freely in drink, and his wife, deeming it advisable to get him home, induced some friends to assist her to leave him outside the town. They succeeded in getting him over the bridge on his way home, when all at once he burst from their hands, ran down a small garden opposite Miss REILLY's, and plunged into the river to make his way back to town. He swam for a short distance, but then sank to rise no more, in the presence of his afflicted wife and a number of spectators. An inquest was held on the body, when a verdict in accordance with the facts was returned.
Lieutenant KERR, of the Cavan Militia, has returned to head-quarters from Fleetwood, where he has been for some time past receiving instructions. He has been awarded a first-class certificate.
CAVAN QUARTER SESSIONS
The adjourned business of the Quarter Sessions for this division of the county, was resumed on Monday at four o'clock, before William Hickson, Esq.--the Chairman of the County, Joshua Clarke, Esq., Q.C., being unable to attend in consequence of the serious indisposition of a member of his family.
Mr. Francis M'CABE sued John ELMER for £8. Mr. M'Guaran, who appeared for the defendant, said the case was tried before the late Mr. Murphy in 1861, and dismissed on merits. Mr. CAFFREY referred to the records of the court, and stated that the case was dismissed without prejudice.
Mr. Tully stated the plaintiff's case. The plaintiff purchased the interest in a house from the defendant for £20, but he afterwards found that the defendant had no right whatever to dispose of the premises. The house in question belonged to Lord Farnham, and it was stipulated that the plaintiff that he should give up the house to his lordship when leaving it, but, instead of doing so, he sold it to his client. Lord Farnham had promised the house to another person, and would not take Mr. M'Cabe as a tenant; but his lordship considering that he had been unfairly dealt with, gave him £12, and the present action was brought for the recovery of the remaining £8.
Mr. M'CABE sworn--ELMER said he would give me a preference of the house and solicited me to purchase it; there was no written agreement between us.....
William JOHNSTON, Esq., J.P., deposed that Elmer brought a petition to him signed by a number of the inhabitants of Cavan, requesting of Lord Farnham to give him a house to open a fish-shop; got the house from Lord Farnham for him, but it was on the understanding that he should give it up to Lord Farnham when leaving it. His Worship said it was quite clear the Mr. M'Cabe had acted with incaution, and was overreached by the defendant. He should dismiss the case, but it would not prevent the plaintiff taking proceedings in another form.
George BUCHANNAN sued Robert MERVYN for 32l. Mr. M'Gauran appeared for the plaintiff. He stated that his client was a builder, and it was for work done in that capacity that the action was brought. When the case was called on before Mr. Clarke an application was made to adjourn it on the ground that defendant was unable to attend from illness. He believed he was now better, and he was satisfied to have the case settled by arbitration, his Worship granting a decree subject to the amount awarded.
Mr. Knipe said the defendant was not able to leave his bed, and he could produce a doctor's certificate to that effect if necessary.
It was agreed to refer the matter to the arbitration of Messrs. George LYNDON and George James ADAMS, a decree to issue subject to their award.
The business of the Sessions terminated on Tuesday evening.
DEATH OF SIR ROBERT BATESON, BART.--We regret to have to state that Sir Robert BATESON, Bart., died at six o'clock, on Tuesday morning, at his residence, Belvoir Park, county Down. The hon. baronet was in the 83rd year of his age. He had been in a declining state of health for some time, and having within the last few days become considerably worse, owing to his great age he speedily succumbed to the disease by which he was attacked. He retained partially the use of his mental faculties till the last. Nearly all the members of the aged baronet's family were at his bedside when he expired. He is succeeded in his title and estates by his eldest son, now Sir Thomas BATESON.
CAVAN PETTY SESSIONS
MONDAY, APRIL 30
(Before William Babington, Esq., J.P.)WAGES
Mary DOLAN, of Butlersbridge, sued John KENNY, of the same place for 6s wages. The plaintiff proved she was one month in the service of defendant; made no bargain with him, but considered 3d a day a fair charge.
The defendant said she did not come to work till late in the morning, and thought 2d a day enough for her.
The Court considered 3d a day a moderate demand, and granted a decree for the amount due.
Catherine DONOHOE sued Patt M'GUINNESS, Bridge-street, for £1 wages. Plaintiff proved that she was employed going of messages and washing for defendant; there was no agreement between them, but considered 1s 6d a week little enough; was in the habit of selling goods for the defendant, and was allowed the profits for her support.
The defendant denied ever having employed the plaintiff or that she at any time did any work for him; she was in the habit of purchasing tea and sugar at his shop, and he knew nothing more about her.
Mr. Babington--Have you any witness to show that you performed any work for M'Guinness?
The plaintiff said that defendant's mother and sister saw her do work for him.
Mr. Babington said he would adjourn the case till next Court day to allow the plaintiff to produce witnesses.
BOROUGH RATE
James MONTGOMERY, Collector of Borough Rate, summoned Laurence M'MAHON for 8s Borough Rate. Montgomery proved that the amount sued for was due by the defendant on a house occupied by him in Bridge street. A decree was granted.
PROCESS FOR RENT.
Miss PARR summoned John FITZPATRICK for 18s, rent due for a house which defendant occupied in Church-lane. Miss DAVIS proved that the amount sued for was due; defendant would neither give up possession of the house or pay the rent; he was going to America and was trying to dispose of the house. A decree granted.
Edward MULLIGAN sued Henry JOHNSTON for ½l 1 1s 4d for shop goods. The plaintiff proved the amount due, and a decree was granted.
Mr. Jones MERVYN sued William CARMICHAEL for £1 17s 10d for shop goods. Mr. Mervyn applied for a postponement of the case which was granted.
The Court then rose.
COOTEHILL QUARTER SESSIONS
At the above Quarter Sessions on Saturday, before Joshua Clarke, Esq., Q.C., Chairman of this County, the case of "Bridget LYNCH v. Mrs. GOGARTY" was heard, and excited much interest.
The plaintiff, Bridge LYNCH, claimed the sum of 40l from the defendant, Mrs. COGARTY (sic), as the executrix of the late Mrs. SINCLAIR, of Kingscourt, county Cavan. The case was opened by a professional young gentleman from Dublin in a very able speech, from which it appeared that the plaintiff was adopted by the Sinclaires, who had no children themselves, and lived next door to the plaintiff's parents, which plaintiff was a very young child. She continued to live with them till the death of Mr. Sinclair, which happened more than twenty years ago. She afterwards continued to live with Mrs. Sinclair till her death, which took place more than two years ago, and she never got any remuneration except her board and clothing, for this long and faithful service. Mrs. Sinclair died intestate, leaving money to the amount of 600l. It appeared that the present case was before Master LYTTON in Chancery, and that he recommended the present proceedings.
The following jury were sworn to try the issue:--Messrs. Fisher, Egan, Boyle, Fleming, M'Cudden, and M'Nulty.
His Worship in charging the jury, said that there was just a scintilla of evidence to go to them. He said it was a very plain, simple, and unfortunate case. There was no doubt that Mrs. Sinclair intended to amply compensate the plaintiff for her long and faithful services....The jury, after deliberating for a quarter of an hour, announced a decree for 40l.
BIRTH
April 18, at Farnham-street, the wife of William MALCOLMSON, Esq., M.D., of a son.
DIED
Fell asleep in Jesus, at the early age of 17, on the morning of the 22nd instant, at Mackin Cottage, Lizzie, the eldest daughter of the Rev. William SWEENY, Killeshandra.
COURT OF PROBATE--SATURDAY
(Before Judge Keatinge and a Special Jury.)BURKE v. BROPHY
This was a suit instituted by Mr. Jas. BURKE, as executor to establish the will (bearing date the 10th April, 1861) of the late Mr. Patrick BROPHY, of Dawson-street, the well-known dentist, and also a codicil, dated 15th October, 1862. The will was impeached by Mr. John BROPHY, brother of the deceased, on the ground of undue influence. The will contained the following bequests:--To his "Adopted child, Susan Haynes GOODDEN, a sum of £3,000;" to his sister, Mrs. KEEN, widow, £1,000; to Frederick Shenstone BISHOP, his assistant, £600, together with all his stock in trade; to his god-child, the only daughter of the Rev. Charles TISDALL, £400; to his godson, son of Mr. Edmund CASEY, of Newbrook, Raheny, £400; to John MURPHY, now a working dentist in London (whose father and the testator worked together when boys), £300, to set him up in business; to Dr. FLEMING, of Merrion-square, £150, and to his daughter, Kate FLEMING, £100; to Isabella COURTNEY, daughter of his solicitor, Robert COURTNEY, £200; to his solicitor, James BURKE, £200..........He appointed Miss GOODDEN his residuary legatee; and by the codicil he left another sum of £200 to Mr. BURKE, and bequeathed all the silver vessels, jugs, &c., belonging to his workshop to Mr. BISHOP...The due execution of the will was proved by the attesting witnesses....
Dr. FLEMING, who had known the testator for twenty years, and was his constant medical attendant, deposed that Mr. Brophy was in the full possession of his faculties up to the period of his death, and that he was a man of sharp and acute intellect and not likely to be influenced by any person; he knew Miss Goodden, and had always heard Mr. Brophy speak of her in terms of the warmest affection, and, as far as he could judge, he always treated her as a daughter.
Surgeon BUTCHER gave similar testimony....Dr. William GORMAN, who had been intimate with Mr. Brophy for twenty years, deposed that he always spoke of Miss Goodden in the most tender affectionate and he might say parental terms...
Mr. John LITTLEDALE stated that he had been acquainted with Mr. Brophy for a period of nearly forty years, and never knew a man with a sounder or clearer intellect....
Mr. James DUNNE proved the execution of the former will by Mr. Brophy, which was altogether in the handwriting of the deceased.
Dr. BALL said it would not be necessary to trouble his lordship or the jury further. The evidence given had perfectly satisfied counsel for the defendant that the will could not be impugned, and they now withdrew entirely from the contest....The defendant was the testator's brother, and counsel would ask not to have costs given against him.
His Lordship said he would say nothing about the costs; the executor, of course, would get his costs out of the estate.
County Cavan Newspaper Transcription Project
IMPORTANT NOTICE: All rights to the pages found within this site are retained by the original submitter of the information. Pages may be printed or copied for personal use only. They may NOT be reproduced in any form in whole or in part by any individual or organization for profit.