Cavan Observer
Published in Cavan, county Cavan

August 6, 1864

(Before Theophilus Thompson and William Babington, Esqrs.)

Messrs. John and George HUMPHRYS, of Kilnacreevy, summoned William MOORE, for that on the 21st of July did wilfully and maliciously cut down and injured a thorn tree, their property......The fact of having cut the tree was not denied by the defendant, but it was alleged that the complainants were not in possession at all, inasmuch as there was no legal transfer of the land in the absence of a deed, notwithstanding that possession was given "By sod and twig."

The Bench dismissed the summons in point of law, at the same time expressing regret at being obliged to do so, as they considered the act to have been malicious.


Michael M'EVOY summoned Honora FITZPATRICK for assaulting him, by striking him on the head with a stone. There was also a cross case against M'Evoy for the trespass of fowl. The parties evidently lived on bad terms, and appeared to be very vindictive against each other.

Honora Fitzpatrick was sentenced to pay a fine of 5s. or fourteen days' imprisonment, and M'Evoy was fined 1s. 6d. for the trespass of the fowl.


Catherine LYNCH was sentenced to a week's imprisonment for absconding from the Cavan Union Workhouse, and taking with her the Union clothing.

The court rose, having disposed of several civil bill processes.


THE VACANT DEANERIES OF EMLY AND CLONFERT.--The Lord Lieutenant has appointed the Rev. William ALEXANDER, Rector of Camus juxta-Meuroe, to the Deanery of Emly, vacant by the death of the Very Rev. Denis BROWNE, and the Rev. Charles GRAVES, S.F.T.C.D., and Dean of the Chapel Royal, to the Deanery of Clonfert, vacant by the death of the Very Rev. Richard KENNEDY. The latter appointment does not oblige Dean GRAVES to vacate the Deanery of the Chapel Royal.




In the Matter of ALEXANDER NOBLE, of Carrigallen,
in the County of Leitrim, Shopkeeper, a Bankrupt.

TO BE SOLD BY PUBLIC AUCTION, at the Court of Bankruptcy and Insolvency.....on THURSDAY, the 18th Day of AUGUST, 1864, at the hour of one o'clock in the Afternoon, all the Estate, Right, Title, and Interest of the said bankrupt and his assignees....part of Townland of the parish of Carrigallen, and County of Leitrim, held under lease, bearing date the 2nd day of July, 1856, from Robert William STORY, Esq., to James SPOTTEN, for 99 years from the 1st May, 1856, subject to the yearly rent of £16 10s 0d, subject also to a mortgage, dated 11th October, 1862, from the bankrupt to James WOODS......

Dated this 29th day of July, 1864.
CHEYENE BRADY, Chief Registrar.


August 2nd, in Belturbet Church, by the Rev. A. M'CREIGHT, George R. STORY, Esq., Castletown, county Mayo, to Kate, only daughter of Thomas PALMER, Esq., Belturbet.

August 13, 1864


COUNTY GALWAY--Joseph Trumperant POTTS, Esq., of Runnymede, Ahascragh, has been appointed to the commission of the peace for the county of Galway.--John Melville HATCHELL, Esq., has also been appointed resident magistrate for the same county.

COUNTY ANTRIM--Andrew C. MONTGOMERY, Esq., has been transferred as resident magistrate to the County of Antrim.


(Before Theophilus Thompson, Esq.)

Paul LYNCH v. Thomas HENNESSY, James LYNCH v. Edward HENNESSY

This was a summons for that one of the defendants, on the 28th of July last, threatened to assault him and trample his bones in the "Shough."

It appeared that the row commenced about "killing a duck." Paul, offered to bet a pound note that no one ever heard his son challenge the defendant to fight, or anybody else, and he appealed to the constabulary, to say if they knew his son although they did know himself. He admitted that he was "bound to the peace," and the defendant had no right to provoke him. He was in dread of his life of the defendant, and would like to have him bound to the peace.

His worship dismissed the summons for threatening language, and proceeded to hear the case against Thomas Hennessy for the trespass in his oats of eleven ducks, which was also dismissed.


This case which had been before the Court on several occasions came on for further hearing on Monday....

Mr. HUMPHRYS, senior, deposed that the land on which the ornamental tree, alleged to have been injured grew, had passed to his nephew under an agreement.

James MONTGOMERY proved that he saw the tree the day on which he went to serve the summons,and saw that some branches lopped off and the defendant told him that he placed them on a ditch which very badly needed them. An "appraiser," said he "valued" the tree, and did not believe there was twopence worth of damage done, but he could not tell what state the tree was in previously....Mr. Thompson said he had not the slightest difficulty in coming to a decision, and he did so from the facts and circumstances of the case. There had been a bad feeling between the parties for some time....In order to give the defendant an opportunity of appealing he would fine him 1l. or a month's imprisonment.

Mr. M'Gauran said he did not think it was a case for appeal, and hoped there was now an end to it, and he would therefore ask his worship to fine in a small sum. The judgment was allowed to stand.

There were several other cases disposed of but non of public interest.


July 22, at St. Louis, Missouri, Sarah, the wife of Wm. M'SORLEY, Esq., and youngest daughter of James O'BRIEN, Esq., Cavan.

EMIGRATION--We regret to learn that a large number of persons in this district are preparing to leave for America at the close of the harvest. We had hoped that the prospect of a bountiful season would check the outflow of the bone and sinew of the land; such, however, is not the case; and we anticipate a large increase in the number of emigrants during the next two months.--SLIGO SENTINEL.

August 20, 1864


(Before Theophilus Thompson and William Babington, Esqrs.)

Bernard COLLINS and others v. John DONOHO and others.

This was a case of assault arising out of a dispute about a pass. Mr. John Armstrong, on the part of the defendants, applied for a postponement of the case till next Court day, as Mr. BENISON, the landlord of both parties, and his agent, Mr. LAMB, were both from home, and the evidence of either of them would be most important......Mr. Armstrong said if the complainants were willing to have the case postponed, the defendants would pay the expense of their attorney, which was agreed to, and the case was accordingly postponed till next Court day.

Robert MORROW v. Michael GREENAN

This was a summons, for the defendant did cruelly beat and abuse some cows, the property of complainant. The complainant was examined, but he could not say that the cattle were anything the worse of the beating, and the case was dismissed.

A boy named Thomas RYAN summoned Captain WRIGHT for injuries inflicted on him by a dog of which the alleged Captain Wright was the owner. Captain Wright did not appear, but Mr. REID of Derrycramp proved that the dog was his property, Captain Wright having given him to him long before.

The case was therefore nilled.

Luke BRADY v. Thomas M'AVINNE

This was another case of assault arising out of a disputed pass. Complainant deposed that he was drawing flax, and was going on a pass which he had used for upwards of twenty years; defendant stopped him, and would not allow him to go on the pass; on complainant insisting on going, defendant took up a large stone to throw at him; he did not strike him with the stone, but he struck him on the head with a large stick, injuring him severely.

M'Avinne was ordered to pay a fine of 10s, or to be imprisoned for a month.

Acting-Constable Richard BELFORE summoned Thos. FARRELLY for being drunk and disorderly on the streets of Cavan on the 9th instant. The Constable deposed that Farrelly was very noisy, and declared his ability to "kick any policeman in Cavan.'

He was ordered to pay 1s 6d fine and 1s costs.


James MAGAGHRAN was charged by a woman named Elizabeth ADREEN with stealing a shirt, the property of one Patrick TIERNEY, which had been given to her to wash. He pleaded guilty, and begged their worships to deal leniently with him, as he was "toxicated" at the time and had never been charged with a similar offence before.

He was sentenced to be imprisoned for a fortnight.

An old man Michael GAFFNEY was summoned by the Guardians of Cavan Union for refusing to support his wife, who is now an inmate of the Workhouse.

FINLAY the Porter in the Workhouse deposed that Gaffney had been applied to on two occasions to take his wife out of the Workhouse, and had refused to do so, although he was very well able to support her.

He was sentenced to be imprisoned for a month, and kept to hard labour.

There were a few more cases disposed of which were not of any importance.


Judge BERWICK sat, and disposed of some arrangement matter.


A police of insurance of the life of a bankrupt, aged 73, for £949, was purchased for £185, by Messrs. WOOD, Bow street, Mr. OLDHAM, solicitor. Mr. BENNETT, auctioneer.

In re Alexander NOBLE.

The bankrupt's interest in 15a 3r 28p of the lands of Bredagh, county Leitrim, was purchased by Mr. W. HAGUE of Cavan, for £150.

Messrs. James and John ARMSTRONG, solicitors.

ILLICIT DISTILLATION--Head Constable EAGAN and party, of Arney, seized on the 6th of the last month a quantity of potale and a still, on the lands of Pat CORRIGAN, of Whitehill. He was brought up before G. C. BRACKENRIDGE, Esq., J.P., on Tuesday, and ordered to pay a fine of £6, or be imprisoned for three months, for allowing the potale to be on the land, and six months or £50 for having the still in his possession.--FERMANAGH REPORTER.


SATURDAY, AUG. 13--The riots in Belfast continue with unabated fury--unequalled by anything we have ever seen in this town. The magistrates did not take the precaution we suggested, of patrolling the streets with police, two and two abreast; but placed them at corners in batches of twenty or thirty, to stand and look on at the rioters....Every policeman and every local constable in the town was drafted to those districts where the presence required them; and, in the middle of large crowds where stones and brickbats were thrown, in which many of them were wounded....Barrack street, Pound street, Hamill street, Durham street, Davis street, Sandy Row, and all the streets, adjoining the place, were in a regular ferment.... nothing could be done in consequence of the presence of the police, and the wretched cowards attacked all the passersby they saw. The made a sally from Durham street to Donegall square, and attacked the meeting-house of Dr. COOKE--breaking every pane of glass in the windows facing Alfred street....They broke the windows in the houses of Mr. MEENAN, Mr. MURRAY, Mr. DUNLOP, and a great many others, and in their savage fury they struck Mrs. MEEHAN on the head.....About a quarter to ten last night a knot of rather decent-looking men came up to the house No. 8, Howard street, the residence of the Right Rev. Dr. DORRIAN, Roman Catholic Coadjutor Bishop, and broke the fan-light over the halldoor.....At ten o'clock a great row occurred in Barrack street, when the police, with Mr. ORME, R.M., and Mr. TAYLOR, J.P., made several arrests....

August 27, 1864


(Before William Babington and Robert Erskine, Esqrs.)


James KELAHER was charged with assaulting Sub-Constable M'KENNA on the fair night of Cavan. The Constable deposed that on the evening of the fair day of Cavan (15th August) he was on street duty in company with some other Constables; they were requested by Mr. Peter BRADY to remove some parties who were creating a disturbance in his house; Kelaher was amongst them; when they were on the street, Kelaher shouted, "Let the pig-driver come out now;" he went out, and Kelaher shook hands with him in a very friendly manner, but immediately after struck him a severe blow on the head, with a stick..

Kelaher requested the Magistrates not to send him to gaol, he was willing to pay a fine if they would inflict one.

Dr. Babington said they could not think of imposing a fine, as it would be no punishment in such a case; he should be imprisoned for two months, and kept to hard labour.

James SEXTON was charged with assaulting Thomas GAFFNEY on the fair day of Cavan. Gaffney deposed that on the evening of the fair day he was walking down the street....when he was opposite Mr. WALLACE's gateway he received a blow from behind, on the back of the head; he staggered for a short distance and fell; he was conveyed to the Infirmary, where he had the wound dressed. He could not say who it was that struck him; he did not know Sexton, but he had a dispute with a person named GORDON on the same day, and he suspected that it was Gordon who had got him beaten.

William TWEEDY, a soldier in the Cavan Militia, proved that he saw Sexton strike Gaffney on the head with a stick......He (Sexton) should be imprisoned for one month, and kept to hard labour.


Patrick BRADY summoned Thomas KIERNAN for that a cow, the property of defendant, did trespass on the complainant's meadow on the 11th of August.....On that day he found a cow belonging to defendant in his meadow he went to him and demanded trespass, which he refused to give.

James MONTGOMERY said he appraised the damage done to the meadow at 6s, and that it appeared to have been going on for a considerable time.....Defendant was ordered to pay 1s trespass and costs.

There were a few other cases which were not of any importance, after disposing of which the court rose.

DEATH OF HENRY RAYNEE, ESQ., OF ELY (CAMBRIDGESHIRE).--By the demise of this gentleman a very large fortune devolves upon Dr. BRADY, the member for Leitrim, and upon his two daughters, who ultimately accede to the whole property of the deceased gentleman. Dr. Brady married into the Raynee family, who have for centuries been connected with the Isle of Ely. The local journal, in recording the death of Mr. Raynee (at the age of 79), confers on him a well-merited eulogium, and observes that during his long and eventful life he was never known to eject a tenant, foreclose a mortgage, or bring an action for the recovery of money. The estates to which the youthful daughters of Dr. Brady will ultimately accede are estimated at the value of £300,000. The young ladies are now being educated at a Convent School.


At Stirling, August 22, the wife of John Henry LESLIE, Esq., 71st Highland Light Infantry, of a daughter.

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