Cavan Observer
Published in Cavan, county Cavan
April 2, 1864
LANDED ESTATES COURT, IRELAND
COUNTY OF CAVAN
In the Matter of the Estate of
HENRY BRADY, Owner
ROBERT T. HANNA, Petitioner.TO BE SOLD BY AUCTION, in One Lot, before the Hon. Judge LONGFIELD, at the Landed Estates Court.....the 3rd day of MAY, 1864, at the hour of 12 o'clock at noon, a House, Yard and Tenement in the Main-street of the town of Arva........in the Barony of Tullyhunco and County of Cavan, held under lease dated the 21st December, 1888 (sic) from the Earl of Gosford to the owner, for three lives renewable for ever....
Dated this 24 day of March, 1864.
HENRY ROBERT GREENE, Chief Clerk.INQUEST--William POLLOCK, Esq., coroner of the district, held an inquest at Stradone on Wednesday, on the body of a man named Owen SMITH, of Moher, aged 65 years, who died suddenly on the previous day. Peter SMITH deposed that he accompanied the deceased to the fair of Stradone on the previous day to buy a cow. Both of them went to the house of Terence MONAGHAN, and had tea; after partaking of the tea they went into the street, and in a short time deceased beckoned to him; when witness went up to deceased he found he was getting weak and he had to take him by the hand to prevent his fainting; got assistance, and brought deceased back to the house of Terence Monaghan; he was put in a chair, and the priest sent for; in a few minutes he died sitting on the chair; witness never left his company on that day.... Owen DONNELLY corroborated the evidence of the last witness. The wife of the deceased proved that he left home on the morning of the 28th instant....he did not complain of illness, and was in his usual health. Doctor Mark MOORE deposed that he viewed the body of Owen Smith, of Moher, and from the history of the case, and his mode of death, he was of opinion that he died from disease of the heart, from which he had been lingering for some time. The jury, after a brief consultation, returned a verdict that he (deceased) died from disease of the heart, as shown on the medical evidence.
THE LATE OUTRAGE IN WESTMEATH--MULLINGAR, TUESDAY--WALSH, the victim of the late murderous outrage in this country, died of his wounds on Sunday. Seven men had been arrested, as you are aware, and four of them had been identified by Walsh in his dying deposition. There is no doubt that the crime is a conspiracy of the true Whiteboy class, with extensive ramification even into neighbouring counties. The inquest on Peter WALSH was held this day. His brother and a man named DOHERTY were examined, and positively swore that they were unacquainted with any of the assailants, five of whom were armed with guns. The latter were joined at a little distance by three other men, also armed, and who were strangers to the locality. The jury at the inquest found a verdict of wilful murder against persons unknown. The deceased in his dying deposition, made before Captain TALBOT, R.M., stated that he "believed" four out of six persons arrested by the police--and all of whom resided in King's County--were amongst the party who attacked him and inflicted the injuries. These men have been remanded for further examination.
CAVAN QUARTER SESSIONS
The Quarter Sessions of this town commenced on Thursday before Joshua CLARKE, Esq., Q.C., Chairman of the County. At twelve o'clock his Worship entered the court, when the jury panel was called over by Mr. P. CAFFREY, Deputy Clerk of the Peace. The following persons answered to their names, and were empannelled as the grand jury:--Messrs. William Moore BLACK, Mathew LOUGH, Henry DOUGLAS, Francis E. HUDDLESON, Francis M'CABE, James MORROW, Edward FEGAN, James HARTLEY, Philip SMITH, Alexander KETTYLE, William FOSTER, John DAVIS, John DOHERTY, John MOORE, James BLACK, Peter M'CANN, and Robert BUCHANAN.
His Worship addressed the grand jury...
The following magistrates were on the bench:--Theophilus THOMPSON, Esq., Captain NESBITT, Captain CARDEN, Captain PHILLIPS, William BABINGTON, __________ and PRESTON, Esq., R.M.
Ralph HARMAN, Esq, was in attendance.
INSOLVENT DEBTORS
Robert SHANNON was opposed on behalf of Messrs. Philip and David JOHNSTONE, merchants, Belfast.
Messrs. M'GAURAN and M'NALLY appeared for insolvent. This case was adjourned from the previous session, in order that a Mrs. Elizabeth CLARKE might be produced to show if the sale of the insolvent's property was a "bona fide" sale.
Mr. M'Gauran said Mrs. Clarke was unable to attend. She was a very old woman, and they had a doctor's certificate to show her inability to be present, but they did the next best thing, and would produce the son of Mrs. Clarke, who would detail all the circumstances. The insolvent had been eight months in gaol.
Mr. Benjamin Armstrong said there was so gross a case of fraud on the face of the schedule that the insolvent could not be discharged....His Worship said if he recollected right the insolvent had been unwittingly brought into the transaction, and it was the opinion of the court that the detaining creditors should act leniently towards the insolvent....
His Worship considered it was quite clear that the sale by Mrs. Clarke was a mere sham, which the court could not tolerate....The case was allowed to stand, in order that an arrangement might be come to.
SPIRITS LICENSES
Messrs. John CRONLY, Charles F. M'CABE, James MALONE, and Edward M'LENNON, all of Cavan were granted spirit licenses. They were all transfer cases.
APPEAL--IMPORTANT BUTTER CASE
Mr. James SHORT, butter merchant, appealed against a conviction obtained against him at the Belturbet Petty Sessions for deducting 3s from Mr. NETTERFIELD, out of the price of butter purchased from him......
It was ultimately arranged by consent of all parties that the case should stand for judgment till next Sessions.
CROWN BUSINESS
A petty jury having been empannelled, the first prisoner given in charge was Margaret TAYLOR, charged with assaulting James O'BRIEN. The prisoner was a young woman of respectable appearance, and it being alleged that she was of unsound mind, a jury was sworn to try that issue.
Doctor MOORE proved that the prisoner was of unsound mind. In reply to the Court, he said that her insanity was produced from ill-treatment.
Sub-Inspector WEIR said that the friends of the prisoner were comfortable, the husband holding a large farm and said to possess a good deal of money in bank. His Worship said it was disgraceful for the friends of the woman to have her tried as an insane prisoner.
The jury found the prisoner to be of unsound mind, and she was committed as a lunatic, but his Worship said as soon as she got better she would be discharged by an order from the Lord Lieutenant.
STEALING TOOLS FROM THE WORKHOUSE.
William RAHILL was arraigned for stealing a sawset and oilstone from the Cavan Workhouse. The prisoner pleaded not guilty, and was defended by Mr. M'Gauran. The particulars of this case appeared a few weeks since in our local petty sessions report.
The prisoner was acquitted.
LARCENY OF A SHIRT
John TODD was arraigned on a charge of stealing a shirt, the property of John WILSON. The prisoner pleaded guilty, and was sentenced to three months' imprisonment.
ASSAULT
John KIERNAN was indicted for assaulting Richard PEEL, so as to do him bodily harm. The prosecutor proved the offence. The prisoner was found guilty, and sentenced to one month's imprisonment.
ASSAULT AND RESCUE.
William HESLIP and Mary HESLIP were arraigned for an assault and rescue.
Michael LACKEY sworn, and examined by Mr. B. Armstrong, Sessional Crown Solicitor. Am a bailiff; went to execute a decree in which the prisoner, Heslip, was defendant; Philip M'GIVNEY accompanied witness; when they went to the prisoner's house they were told that he was at the market of Cavan; witness explained his business to the wife, who was sitting on some straw near the fire; Mary Heslip took up a hatchet and said she would not allow anything to leave the house; witness took the hatchet from her; seized a quantity of clothing, a bed, a goat, and some fowl; took the things out on the road; when William Heslip came up he struck at M'GIVNEY, and took the goat from him; both the prisoners threw witness into the "shough" and took away the property...Mary Heslip attempted to strike him with the hatchet...
Philip M'Givney corroborated the evidence of the last witness in his main features......
His Worship said the seizure was clearly illegal; but that did not justify the violence used by the prisoners...
By the direction of the Court the wife was acquitted, and the husband having pleaded guilty of a common assault was allowed to stand out on his own recognizance till called up for judgment; also to give security for the settlement of the decree.
RESCUE AND ASSAULT.
Patrick SMITH and Patrick SMITH, two comfortable looking countrymen, were arraigned for a rescue and assault. The prisoners pleaded guilty, and they were allowed to stand out on their own recognizances till called up for judgment.
This case terminated the criminal business, and his Worship proceeded with the hearing of civil bills.
April 9, 1864
DIED
On the 2nd instant, at Fortview, Cavan, aged 68 years, Elizabeth, the beloved wife of William BABINGTON, Esq., J.P. The deceased lady was interred on Thursday in the family burial ground of the Old Church of this town, and the numerous and respectable concourse that accompanied her remains, testified the respect entertained for both her and Mr. BABINGTON.
On the 6th inst., at his residence, Church-street, in the 86th year of his age, Mr. William HAGUE. Mr. HAGUE was an old resident, who was much respected.
STILL GOING
On Saturday three hundred and fifty emigrants left Sligo by the steamer Laurel for Liverpool. We understand that forty of the number were from Mullaghmore, the property of Lord Palmerston, and that his lordship had provided them with an outfit, and paid their passage to America. Will it be said that the Prime Minister of England is acting as recruiting sergeant for the Washington Government? We should add, that upwards of three hundred were left behind awaiting the sailing of the next steamer.-- SLIGO CHAMPION.
April 16, 1864
LOCAL NEWS
NEW BARRISTER--Thomas MacCabe FAY, Esq., A.B., T.C.D., second son of James FAY, Esq., of Moyne Hall, Cavan, was admitted to the Bar at the opening of the term.
CAVAN PETTY SESSIONS
MONDAY, APRIL 11
(Before Theophilus Thompson, Esq., J.P., Chairman, and Nathaniel Montgomery, J.P.)PROCESSES
Robert MITCHELL, of Butlersbridge, sued Michael SADLIER for 7s 3d for shop goods. The plaintiff proved the debt, and a decree was granted.
The same plaintiff sued Patrick CONNELL for 6s 0½, and obtained a decree.
INJURING THE PUBLIC ROAD
James M'CULLAM summoned John SMITH for removing sods from the Cootehill public road. M'Cullam's boy proved the offence.
Smith said he had replaced the sods, and that at the time he removed them he was ignorant of the consequences.
The Court allowed the case to stand for a week, in order the M'Cullam might see that the sods were properly replaced.
COUNTY CESS
Eight persons were summoned at the suit of Mr. Thomas REILLY, Barony Constable, for non-payment of county cess. All the cases, but one, were arranged outside of Court, which was a dispute between three persons, named BROWN, SHERIDAN and BRADY, in respect of a divided farm. After hearing the case, the Court did not think Brown liable, inasmuch as he was not in possession of the land at the time the cess was levied. It was ultimately arranged that William BRADY (Mr. Reilly's collector), should apportion the cess on the other two.
These were all the cases for hearing, and after disposing of them the Court rose.
COURT OF BANKRUPTCY AND INSOLVENCY
THURSDAY
(Before Judge LYNCH.)In re Felix M'CANN
In this case it will be remembered that the bankrupt and his son-in-law, Matthew DALY, were committed to prison for unsatisfactory answering. The bankrupt, who carried on trade in Virginia, in the county Cavan, had about November last detained some thousand of pounds worth of goods, the greater part of which, it was charged, was made away with. It was also charged that DALY was implicated in the alleged frauds.
Mr. HERON, Q.C., with whom was Mr. SIDNEY, Q.C., and Mr. LEVY, now moved the court to discharged Matthew DALY, who had been committed on the 19th of January last for unsatisfactory answering as to the removal of goods of the bankrupt to and from his house at Ballyjamesduff, in the county Cavan. Counsel moved on affidavits made to sustain the motion by sustaining the account which DALY gave in reference to the goods. The first affidavit was made by Charles CAMPBELL, a cattle driver. He stated that about one o'clock on the morning of the 27th of November last he saw Felix M'CANN taking goods from DALY's house, and he did not see DALY there. The other was made by a servant man named KEEGAN, and stated that one morning in November last he met Felix M'CANN, the bankrupt, with a cart and goods in it, on the road between Ballyjamesduff and Virginia, going towards the latter place.
The witnesses were produced for cross-examination, and were cross-examined by Mr. KERNAN, Q.C., and Mr. CARTON on behalf of the assignees.
Charles CAMPBELL admitted, in reply to Mr. KERNAN, that it was not true, as stated in the affidavit, that he was in the employment of a Mr. REILLY, a cattle dealer; he was only employed by him occasionally at fairs to drive cattle; he also admitted he had done work for the DALYs, and was well acquainted with them.
KEEGAN stated he was a stableman, and that he had been sent away about a fortnight ago from the employment of the Rev. Mr. FITZPATRICK, near Virginia.
Judge LYNCH refused the motion with costs, as the opinion which he entertained when he committed DALY had not been the least shaken by the evidence of the two men whom he produced, and who appeared to have been in his employment. He would accordingly remit DALY back to prison in his former committal.
Mr. SIDNEY asked his lordship to make no rule with respect to costs, pending a contemplated appeal.
Mr. LARKIN, solicitor for the assignees, objected to this. If DALY wanted his liberty it was easy for him to confer with Mr. M'CANN and do some justice to the creditors, who had been so unfairly treated by him.
Judge LYNCH said that was the proper course for DALY. He should refuse the motion with costs.
BELFAST POLICE COURT--WEDNESDAY
(Before Edward ORME, Esq., R.M.; and W. T. B. LYONS, Esq.)THE FENIAN BROTHERHOOD
Terence LYNCH, Patrick M'CANN, and James MAGEE were brought up on remand, charged with being members of an illegal society, using certain signs and passwords. Mr. BIRNEY, sessional Crown Prosecutor, appeared for the prosecution, and Mr. COATES appeared on behalf of the prisoners.
Mr. COATES objected to the prisoners having been remanded from day to day without any change being proved against them.
Mr. ORME said the magistrates could do nothing in the matter.
After some further discussion on the subject, the prisoners were further remanded till next Wednesday.
LANDED ESTATES COURT, IRELAND
COUNTY OF CAVAN
In the Estate of the Trustees of the Marriage Settlement of
BELINDA MARJORAM, formerly LEVINGSTON, Owners;
ExparteGEORGE WILLIAM THOMPSON, Petitioner.
TO BE SOLD before the Honourable Judge HARGREAVE,
ON FRIDAY, the 6th Day of MAY, 1864, at the Landed Estates Court......in One Lot, the LANDS OF KILLYFANA, situate in the barony of Tullygarvey, and
COUNTY OF CAVAN
containing 323 a. 1r. 21p. statute measure....Dates this 5th day of March, 1864.
R. DENNY URLIN, Examiner.______________________________________________________________________________________________________________
SUDDEN DEATHS--Yesterday a man named John MURPHY was attacked with a fit on the Wharf-road. He was conveyed to Jevis-street Hospital, where he expired. Apoplexy is supposed to be the immediate cause of death. Dr. KIRWAN, city coroner, held an inquest on Saturday, at Upper Gardiner-street, on the body of a man named COLLINS, who died suddenly on the previous day. The jury returned a verdict that death was caused by organic disease of the heart.
April 23, 1864
LOCAL NEWS
RESIDENT MAGISTRATE--The Lords Justices have appointed John Charles O'DONNELL, Esq., a Resident Magistrate for this county. Mr. O"DONNELL is to be stationed at Baillieborough.
SUDDEN DEATH--An inquest was held on Wednesday last, at Mullingar, by P. CONNELL, Esq., the coroner of the district, on the body of a man named James KELLY, a carpenter by trade, who on the preceding night was in his accustomed health between the hours of eight and ten o'clock, and in a few minutes after partaking of his usual supper suddenly expired. The jury brought in a verdict of died by the visitation of God.
MALICIOUS INJURY--On Tuesday night last, two horses, the property of Sir Percy NUGENT, Bart., of Danore, were materially disfigured, by the maliciously denuding them of their manes and tails.
CAVAN PETTY SESSIONS
MONDAY, APRIL 11.
(Before Theophilus Thompson, Esq., J. P., Chairman;William Babington, J.P., and Captain Erskine, J.P.
A DISPUTED PASS
Bridget KERR summoned Simon BRADEN for an assault, and BRADEN summoned KERR for a trespass. Robert and Thomas GRAHAM, to whom Kerr is a servant, also summoned Braden for an assault, and the latter summoned them for a similar offence. All the parties are tenants of the Right Hon. Lord Farnham, and the transaction arose out of dispute in respect to a pass--Graham's claiming a right to pass through Braden's land, and the latter contending that the proper pass was across a stick through Graham's land.
Bridget Kerr deposed that she was coming with a message to her master from JENNING's shop when Braden prevented her going the pass; he knocked her down, and threw the flour she was carrying on the potato ridge; there were potatoes planted in the place where she wanted to pass; often went the same way before and was never prevented.
Braden stated that the Grahams took away the stick across the river, which was the recognised pass, and when he wanted to replace it, Robert Graham pushed him into the river, and both of them "dabbled" in the water for a little time; Thomas Graham then came over, and while witness was in the water took hold of him by the whiskers and shook him...
Thomas Graham denied that the assaulted Braden......
Mr. Thompson remarked that it was disgraceful for respectable people to come before the Court in respect to a matter which they should have amicably settled at home. He was satisfied that Mr. LYNDON, Lord Farnham's inspector, would have settled the matter to the satisfaction of all parties........
A boy, named Michael RAHILL, was produced as a witness on behalf of Braden, and proved that the pass the girl Kerr wanted to go was not the usual one.....
Mr. Thompson--Braden may have been right to prevent trespassing on his land, but he was not justified in using more violence than was necessary.
After some consultation, the Court fined Braden 2s 6d and costs for the assault on Kerr; the Grahams 1s each and costs for the assault on Braden; and the latter 1s and costs for the assault on the Grahams. The summons for trespass by Braden against Kerr was dismissed.
AN UNMANLY ASSAULT
A young man, named John M'CABE, was brought up in the custody of the police, charged by a young woman, named Kate M'CONNELL, with assaulting her on that morning. These were some of the same persons who indecently figured before the Borough Court on the previous Saturday. It seems that M'Cabe was about proceeding to American by the 11 a.m. train; but before bidding adieu to his native land, he wished to bid friends and foes good bye, and, as it would appear, give cause to have himself remembered. He entered the house of the complainant, between whom and his mother the most amicable relations did not exist, and whether his object was reconciliation or revenge did not clearly transpire; but his subsequent conduct would lead to the latter impression, for before leaving the house he gave M'Connell several blows, breaking a jug she had in her hand, and otherwise maltreating her.
Mr. Thompson explained that he happened to be on the street about 10 o'clock that morning, when the complainant came up to him, seemingly greatly terrified, and stating she had been brutally assaulted by the prisoner, M'Cabe......The complainant proved the offence, and M'Cabe was sentenced to one month's imprisonment.
The Court then rose.
BOROUGH COURT
SATURDAY, APRIL 16, 1864
(Before William Johnston, Esq., J.P.)Some of the denizens of Lurganboy occupied the time of the Court on this day. Two women, named Rose M'CABE and Kate M'CONNELL, had each other summoned for abusive language. The expressions used by each party, as detailed at the investigation, were unfit for publicity. Mr. Johnston said such indecent and disgraceful scenes should be put a stop to.....He would send both parties to prison for a month.
The parties implored of his worship not to send them to prison, as their passages were paid to America, and they would be of good behaviour in future. Mr. Johnston said it was only on account of their going to American that he refrained from sending them to gaol....he would mitigate the punishment to a fine of 5s each and costs.
The fines were paid, and the parties discharged.....
The Court then adjourned.
FOUND DROWNED--On Saturday afternoon, the person in charge of the fourth lock, Grand Canal, found the body of a respectably dressed man floating in the water, and on drawing it to the shore, discovered that the hands were bound together by a red kerchief. This, at first sight, would appear suspicious, but it is conjectured by the police that the deceased committed suicide, and bound his hands in order to carry out his purpose with greater certainty. He appeared about 40 years of age, wore no hair on his face, and was well dressed. A piece of a newspaper of Thursday's date, was the only thing found in his possession.
On the same afternoon the body of a poor woman, apparently about 90 years of age, was found in the same water at Grand Canal-street. The only clue to the identity of the deceased was a pass-book which was found in her pocket, and which bore the name of "Isabella M'KENNA." The body appeared to have been a long time in the water.
April 30, 1864
EMIGRATION FROM BALLINA--During the past week the town has been, as for several weeks previous, kept quite in an excited state by the passing through of large numbers of emigrants, proceeding by foot, by cart, and by the public conveyances. The people now leaving are apparently of a more comfortable and respectable class then those who left at an earlier period of the year. We have heard of one family which took away £600. One agent in town on Saturday last booked not less than 40 passengers for a single line. This will give an idea of the nature and extent of the emigration as it proceeds at present.--'Tyrawley Herald.'
BIRTHS
April 26, at Waterford Terrace, Coleraine, the wife of the Rev. Arthur B. IRVINE, of a son.
April 20, at Clonsilla Lodge, the wife of James PRICE, Esq., of a son.
MARRIAGES
On the 28th instant, at Grange Church, county Armagh, by the Rev. Alexander IRWIN, the Rev. Edward GABBETT, M.A., to Ellen Frances, only child of Cecil SMYLY, Incumbent of Grange. No cards.
April 26, in the First Presbyterian Church, Armagh, by the Rev. Edward KIMMITT, of Loughgall, Mr. George NEVILL, to Miss Martha ENGLISH, both of Kinnego, county Armagh.
April 26, at St. George's Church, Hanover-square, Viscount POWERSCOURT, son of the Marchioness of Londonderry, to Lady Julia COKE, eldest daughter of the Earl and Countess of Leicester.
April 27, at Lucan Church, Robert NEWTON, Esq., Cosh, county Tyrone, to Bessie, daughter of W. P. GEOGHEGAN, Esq., M.D., Lucan.
DEATHS
April 17, at Stoneyhurst College, Lancashire, after a short illness, Michael, youngest son of Philip O'REILLY, Esq., D.L., of Colamber, county Westmeath, aged 14 years.
April 19, at Muckross-terrace, Bushfield Avenue, Sandford, of a lingering illness, in the 16th year of her age, Susanna, youngest daughter of A. KIRWAN, Esq., formerly of the county of Galway.
SUDDEN DEATHS--A man named James ROBINSON, a discharged soldier, died suddenly at his lodgings, at Comyn street, Dublin. He was returning on his pass to his home in the county Antrim, after having been discharged. A sailor, name unknown, was found lying in a dying state on Eden quay. He was removed to hospital, but life was found extinct.
County Cavan Newspaper Transcription Project
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