Cavan Observer
Published in Cavan, county Cavan
February 6, 1864
CAVAN PETTY SESSIONS
MONDAY, FEB. 1
(Before William Babington, Esq., J.P.)George MURPHY, a porter in the employment of the Irish North western Railway Company, was brought up on remand, charged with assaulting William MEE, another porter in the same employment. The particulars of the case appeared in our last issue. The only new evidence produced was that of Thomas M'ENROE, who deposed that he was a porter in the same employment; saw Murphy strike Mee; heard them arguing about a whiskey barrell that was leaking...........
Mr. Babington remarked that Murphy's previous good character, and the fact of his being sober when Mee found him at the whiskey barrel, had considerable influence in his dealing leniently with the case. He would fine him 5s and costs for the assault, or a week's imprisonment. The fine was paid, and the prisoner discharged.
DESTROYING WORKHOUSE PROPERTY
An unfortunate girl, who gave her named as Margaret REILLY, was charged at the suit of the guardians, with destroying a blanket, the property of the union. The accused was admitted as a nightly lodger, having stated that she was proceeding from Ballyconnell to Belfast; but subsequently admitted that she belonged to Stradone.
Jane O'BRIEN, the woman in charge of the probationary ward, proved that Reilly was admitted into the workhouse on the evening of the 27th ult; next day she found a blanket in the ward cut into several pieces; there was no other person in the ward on that night.
FINLAY, the porter, said that the blanket was cut into eleven pieces; persons of the class of the prisoner were in the habit of coming into the workhouse purposely to destroy the blankets and convey them away; several blankets were destroyed in a similar way; the girls cut the blankets to make "lining for their hoops" that they might swell themselves out.
She was committed to gaol for a month. After the sentence the prisoner admitted the offence, and said she would be revenged of the ward woman, as soon as she got out of gaol.
The Court then rose.
COOTEHILL PETTY SESSIONS
SATURDAY, JAN. 30
(Before William MURRAY, Esq., J.P., Chairman; S. R. MOOREHEAD, Esq., J.P; John TOWNLEY, Esq., J.P.;
and ___PERRIN, Esq., R.M.)The only case of any interest was that of Mr. Charles MURPHY v. Anne SCORR, and the Court was crowded during its hearing. Mr. Murphy charged the defendant with having committed wilful and corrupt perjury under the following circumstances:--
"That on the 16th January, 1863, he (Mr. Murphy) caused an ejectment to be served on Rose M'KEON, at her residence. The defendant, on the hearing of that case before the Assistant Barrister, Joshua CLARKE, Q.C., swore that Rose M'KEON did not live there or sleep for the last 14 years. This evidence had the desire effect, it was given for a material purpose, and had a material effect."
Mr. DUDGEON, on the part of the defendant, applied to have the evidence taken down 'verbatim' but was overruled by the Bench. It was, however, arranged to take down Mr. Murphy's informations, together with the answers elicited on cross-examination, which delayed the Court a considerable time.
The plaintiff's examination was to the following effect:--On the 7th February, 1863, caused a summons to issue against the defendant, Scorr, for this very offence; but in consequence of a domestic bereavement he did not prosecute; was at the summer assizes to answer a summons and plaint for an alleged malicious prosecution against M'Keon, when she got £10 damages and costs against him; is now served with another summons and plaint for £250 at the suit of the defendant for loss of character; it was since he got the last writ that he brought the present summons; did so because the magistrates would not grant informations otherwise; the magistrates before granting the summonses applied to the law adviser on the subject; does now swear that the evidence of Anne Scorr was deliberate and knowingly false, in other words, wilful and corrupt perjury for a particular purpose.
Nathaniel M"MULLEN and his son were next examined, and both proved that Rose M'Keon did live in the house of her father. The son deposed that M'Keon and he used to purchase cattle in the different fairs and divide the beast when slaughtered--that when about to go to a fair he would call on her at her father's house and get her to accompany him--that this occurred often, and that he took tea there with her--that he was in the shop and upstairs in the house where Scorr swore M'Keon slept for the last 14 years, and that there was no bed in it--that she locked the shop at night and went home, and returned in the morning and opened it.
The Bench, after some consultation, agreed to send the case for trial to the assizes; but took bail for the appearance of the parties.
February 13, 1864
THANKS
Mr. Matthew LOUGH, jun., treasurer of the Cavan Young Men's Association, begs to acknowledge the receipt of £1 from F. GAHAN, Esq., and Mrs. GAHAN, for the above society.
DEATH OF LIEUTENANT WALTER LANDOR DICKENS--Mr. Charles Dickens has sustained a painful domestic affliction in the sudden death, in hospital at Calcutta, of his second son, Walter Landor, a lieutenant in the Indian army.
RAILROAD ACCIDENT AT MONAGHAN--On Thursday morning, a man named James COMBS, a ticket clerk at the Monaghan station of the Ulster Railway, while jumping off the engine when the train was moving, fell between the carriages and the platform. One of his legs was caught by the train, and the carriages passed over that portion of his body, inflicting such injuries that his life is considered to be in danger.
LOCAL NEWS
INQUEST--On Monday, William POLLOCK, Esq., coroner of the district, held an inquest at the Workhouse, on the body of a man named Peter GORMAN, aged 65 years, who had been admitted on the previous Saturday evening. It appeared that the deceased was conveyed to the workhouse on an ass and cart from Cong, parish of Ballytemple, a distance of seven miles; that he had been previously suffering from dysentery, and that the day was bitterly cold. Edward FINLAY, the porter of the workhouse, deposed that the deceased came there about four o'clock on Saturday evening; got the deceased off the cart and put him into the probationary ward; The Rev. Mr. M'SHERRY, R.C.C., happened to be in the house at the time, and he told him a man had been admitted who appeared unwell; Mr. M'Sherry went to the probationary ward to see the deceased, and on his return said there was no fear of his dying; saw deceased about a quarter to nine o'clock on that night, and in reply to his question as to how he was, he said he was "middling"; next morning the wardsman, Hugh CURRAN, reported to him that the deceased was dead; there was a fire in the room he was in; the Doctor did not see him.......The jury, after some consultation, returned the following verdict:--"That the deceased died by the visitation of God, accelerated by cold and want."
CAVAN PETTY SESSIONS
MONDAY, FEB. 8
(Before Theophilus Thompson, Esq., J.P., Chairman; Nathaniel Montgomery, Esq., J. P.; William Babington, Esq., J.P.,
and Captain Erskine, J.P.)ALLEGED OBSTRUCTION OF A PASS
Mr. George CARTWRIGHT summoned Mr. Edward CORNWALL for obstructing a pass to his land by the erection of a gate. Both parties are tenants to the Right Hon. Lord Farnham, and reside in the townland of Drummelis.
The complainant deposed that the defendant erected a gate which obstructed him going to a portion of his land....Mr. Cornwall stated that the gate was erected on his own land....When he erected the gate he offered to provide Mr. Cartwright with a key for his own use.....Mr. Thompson considered Cornwall's proposition to provide a second key a fair one....It was very unseemly to see two respectable neighbours quarrelling about so trifling a matter.......The Court "nilled" the summons and allowed the gate to stand as it was; but recommended the parties to submit the matter to the Hon. Mr. Maxwell.
The Court then rose.
DEATH OF THOMAS COURTENAY, ESQ.
It is with extreme regret we announce the death of Thomas COURTENAY, Esq., Registrar to the Lord Chief Justice of the Queen's Bench. He died on yesterday at his residence, Fitzwilliam-street, after a lingering illness. In addition to his office as Registrar, he was Clerk at the Consolidated Nisi Pruis Court, and was recently appointed Clerk of the Crown for the County Down. He was a most efficient public officer, and the announcement of his death will be read with sincere regret.
OUTRAGE IN ROSCOMMON--On Thursday night last as a farmer named Mark FALLON was returning to his house at Laragh, and when near it he was attacked by three men relatives of his own, and of the same name. He was knocked down and beaten most unmercifully with sticks, inflicting no less than nine wounds on his head, from the effects of which little hope is entertained of his recovery. It is very probable that Fallon would have been murdered by his cowardly assailants were it not that a servant girl was passing, who flung herself on his body and saved him from further injury. All the parties were arrested, together with a man named FARRELL, and having been brought by the police to Fallon's house he at once identified them, and P. H. O'CONNER, Esq., J.P., being present, took the injured man's informations, and committed the prisoners.
LAW INTELLIGENCE
ROLLS COURT--SATURDAY, FEB. 6
A FERMANAGH MARRIAGE
In re Susannah QUINTON, a Minor
In the case, in consequence of it being stated to the Court on a former day that Susannah QUINTON, a young lady entitled to a fortune of £1,000, and who had been recently made a ward of the Court, was about to contract a marriage with Mr. Daniel PETERSON, his lordship commanded the attendance of Mr. PETERSON, who was in the employment of Mr. DANE, solicitor, and also of his father and mother, as well as of the young lady herself. Miss QUINTON, the minor, and Mr. PETERSON attended on the last day, and an order having been made providing for her safety, and directing that she should hold no communication with any of the PETERSON family, the further hearing of the matter was adjourned to Saturday.
At the sitting of the Court on Saturday, Mr. WALSH, Q.C., who appeared for the guardians of the minor, intimated that it was proposed to examine witnesses, and requested that all the witnesses, save the one under examination, should be excluded from the court, which was accordingly done.
Mr. SHERLOCK, Q.C., instructed by Mr. RAMSAY, appeared for the PETERSONs.
Mrs. Bridget Peterson examined by Mr. Exham, Q.C.--I am the mother of Daniel Peterson, jun.; my husband keeps a hotel in Enniskillen; I have known Miss Quinton since last Tuesday week; on that day, at the suggestion of my son, I went to meet her; I met her on the road and brought her to my house; on the following Wednesday she went on a visit to the house of Mr. M'ILROY, just opposite to ours; she came back on Thursday, the 28th, and remained at my house that night and the next day; my husband did not know she was in the house; on the Friday following marriage was solemnised in the house between her and my son; I was the witness to it; the Rev. Mr. M'LOUGHLIN, the Roman Catholic curate of Whitehall, was in the house at the time the marriage was solemnised by another person in the garb of a clergyman; my son brought that person up; after the ceremony was over Miss Quinton asked me who he was, and I said I did not know; I did not ask who he was--it was supposed that we were not to know--I did not get the opportunity of seeing him after the ceremony was performed, for he left the house; on a previous night my son had told me that he went to Mr. M'Loughlin to see if he would marry him, and refused to do so; he told me on the day of the marriage that Mr. M'Loughlin was to get somebody else to marry him, and he led me to believe that it was not to be known who that person was; the clergyman who officiated at the marriage had no vestments; I and my son knew that Miss Quinton was a Protestant; Mr. M'Loughlin also knew it; Mr. M'Loughlin told me that the stranger was a priest, and that he had brought him there to perform the ceremony; Mr. M'Loughlin dined with us that day; my husband was not at home at all that day.....
Daniel Peterson examined by Mr. Exham, Q.C.--I am a Roman Catholic; I was in the employment of Mr. Dane, solicitor, until Thursday week, when I left it; I have known Miss Quinton for upwards of six months; on Thursday, the 26th of January, I sent my mother for her; I directed my mother to get a car, in accordance with Miss Quinton's note, and to go and bring her to my father's house; she came and remained on Tuesday night; the next day I heard she went to M'Ilroy's...On Wednesday I went to the Registrar of Marriages there, named REID; a person named James GREGG showed me the way; I went there because I wished to be married in Clones; I knew the lady was a Protestant......
Miss Susannah Quinton, examined by Mr. Exham, Q.C.--I recollect going to Mrs. Peterson's house on Tuesday last.....I slept there that night; next day I was told about a ceremony of marriage; Mrs. Peterson and young Mr. Peterson spoke to me about it after breakfast; they said a person was coming to perform the ceremony....they said nothing to me during the day or before about my changing my religion; a person dressed as a Roman Catholic clergyman was introduced to me that day by Mrs. Peterson.....I had no conversation with either M'Loughlin or the other priest before the marriage; at the ceremony I saw only the one priest; after it I had some conversation with Mr. M'Loughlin in the drawingroom about baptism; we were alone; I don't exactly remember what it was; he asked me did I wish to become a Roman Catholic, and I said I did; he then went through a ceremony; I think this was before the marriage; he baptised me, and a young man named M'MANUS, by my wish, was sent for to act as sponsor.....I think it is a mistake in the affidavit I made since, where I say that Mr. M'Loughlin assisted at the marriage; the baptism took place in the drawingroom...he then told me he would receive me into the Catholic Church; immediately after the confession, which took place in the bedroom, the marriage ceremony took place.
The Master of the Rolls--For obvious reasons I shall make no observations on this case at present. Of course, Mr. Daniel Peterson is aware that I have already made an order prohibiting him from holding any communication with the minor, and if he attempts by letter or by any means whatsoever to hold any communication with her, he shall be lodged in gaol forthwith.
Mr. Exham--I presume that order applies to his father and mother?
The Master of the Rolls said the order included them.
Mr. Walsh, Q.C., who appeared for the guardians said, that Miss Quinton, the aunt of the young lady, had come to town, and it was desirable that she should have some female relatives staying at the hotel with her.
February 20, 1864
THE CHURCH
APPOINTMENTS--Down and Connor, Rev. T. Ferguson BLACK, appointed to Ballyeaston Rectory, appointed by the Bishop; Cork, Cloyne, and Ross, Rev. John LEE, A.C., in the rectory of Leighmoney by the bishop; Cork Cloyne, and Ross, Rev. Robert STONEY, A.B., to the curacy of Rahan, by the rector; Dublin, the Right Worshipful and Ven. J. WEST, D.D., to the deanery of St. Patrick's &c., by the chapter; Dublin, Rev. Alfred HAMILTON, to the rural deanery of Kildare, by the archbishop; Elphin, Rev. M. N. THOMPSON, to the union of Roscommon, by the bishop; Fergus, Rev. Alfred MASTERS, to the union of Killesk, by Lord Templemore; Ossory, Rev. Frederick R. WYNNE, to the union of St. Mary's, by the bishop.
RESIGNATIONS--Cork, Cloyne, and Ross, Rev. John LEE, curacy of St. Anne's, Shandon, in the gift of the Rector; Cork, Cloyne, and Ross, Rev. Alexander B. WILSON, curacy of Kilmocomogue, in the gift of the rector; Ferns, Rev. Thomas H. HATCHELL, curacy of Clonegal, in the gift of the rector.
INCENDIARY FIRE IN TYRONE--On the night of the 15th inst., a flax-mill and store adjoining the property of G. STEWART, Esq., J.P., of Lisdowant were maliciously set on fire, and a considerable quantity of scutched flax destroyed, and any that was not burned was seriously damaged. The fire in the store was caused by some combustible material purposely thrown into the flax through a broken window.
ASSAULT--On the night of the 15th of this month as James MOONEY, of the Red Bog, county Kildare, was returning from Naas fair he was overtaken by Daniel CONNOR, a neighbour with whom he had been on bad terms for a number of years. An altercation arose between them, and Mooney received a stab of a knife in the abdomen, from the effects of which his life is in the greatest danger.
CAVAN PETTY SESSIONS
MONDAY, FEB. 15
(Before Theophilus Thompson, Esq., J.P., Chairman; Captain Erskine, J.P., and William Babington, Esq., J.P.)PROCESS
John GUNN summoned Laurence ALLWILL, of Ballyhaise, for £1 2s. 6d., for work performed by him in collecting rents. Gunn proved that he was employed by Allwill to collect rents and serve legal papers for Mr. KENNEDY; defendant agreed to pay him.....
The Court considered it a case in which they had no jurisdiction, and accordingly dismissed it.
STEALING TIMBER
Paul LYNCH summoned Thomas FLOOD for cutting down and taking away an ash tree, the property of the Earl of Annesley. Lynch deposed that an ash tree was cut on the Earl of Annesley's property; found the arms of an ash tree in Flood's barn, which he believed to belong to the tree that was cut....it was convenient to Flood's house where the tree was cut. Flood said his children found the brambles and sticks on the road and brought them home.
Mr. Thompson said it was quite evident that Flood took away the tree.....the defendant should go to gaol for a week. Flood's wife begged of the Court to impose a fine and not send her husband to gaol, as they had a large family entirely depending on him for support.
The Court fine Flood 1s and costs.
INJURING THE PUBLIC ROADS
Mr. GAHAN, County Inspector, summoned Richard MOONEY, of Derrycramp, for cutting away the public road convenient to his residence. Mr. Gahan deposed that he found the defendant's men cutting sod off the side of the road.
Mooney said he did not think he was acting wrong, and that he had the liberty of the contractor to take away the mud.
Mr. Gahan--If you had confined yourself to taking away the mud there would be no objection....
Mr. Thompson said the defendant left himself liable to a penalty of £1 for injuring the public road; but under the circumstances the Court would only fine him one eighth of that amount. Mooney was fined 2s 6d, and costs, and ordered to repair the road to the satisfaction of Mr. Gahan.
POACHING
Thomas BROWNLOW and John SCARLETT were summoned at the suit of the Right Hon. Lord Farnham for poaching on his lordship's property with ferrets and nets.
Brownlow applied for a postponement of the case. He said the summonses were served on Saturday and he had not time to summon witnesses.
Mr. Thompson--You live in town within a few yards of the Court. Can you swear that you could not summon witnesses who are essential in the case?
Brownlow said Scarlett had witnesses whom he was unable to summon, and that himself could not procure a professional man.
Mr. Thompson--Let Scarlett account for himself. The want of a professional man is not a sufficient reason for a postponement ........Mr. James Armstrong, solicitor, who appeared on behalf of Lord Farnham, said his Lordship had a great deal to complain of, in consequence of persons breaking down his fences in pursuit of game. He believed the real object of the defendant in seeking a postponement was to secure the services of a professional man.
The Court allowed the case to stand for hearing till next Court day.
February 27, 1864
LOCAL NEWS
THE FINLAY FUND--Elsewhere was publish the acknowledgements of Dr. HUMPHRYS of the sums received by him in aid of the fund for the orphans of the late Dr. FINLAY. The amount, up to the present, is wretchedly small, considering the period which has elapsed since the subscription list was opened. Let us hope that so good a cause will have the support of every one who can afford to aid it.
SOIREE AT BELTURBET--On Tuesday last, a "soiree," in connexion with the Presbyterian congregation, Belturbet, was held in the Town Hall, which was crowded on the occasion. After tea, John ROGERS, Esq., J.P., was called in the chair. The meeting was addressed by the Rev. R. H. CLARKE, Ballyjamesduff, on temperance; the Rev. J. ANDERSON, Carrigallen, on the history and derivation of words; and the Rev. J. THOMSPON, local pastor, on the greatness of little things. The Rev. J. THOMSON moved a vote of thanks to the ladies, which was responded to by Dr. THOMSON in a very happy and humorous manner. A vote of thanks was also passed, with acclamation, to the chairman, after which the meeting separated, having spent a very pleasant, and, we trust, a profitable evening.
DEATH OF MR. SAMUEL WANN--The friends of William WANN, Esq., J.P., Markethill, will read with sorrow, in our obituary column today, the sad announcement of the death of his fifth son, Mr. Samuel WANN, Confederate States Army, whose young life was sacrificed whilst aiding the capture of Federal vessels on the Mississippi river. Deep are the wounds this fratricidal and insane war has inflicted on too many of these islands, and none more painful than that caused by this young gentleman's death, which we in common with all who know the bereaved parents, sincerely regret.--NEWRY TELEGRAPH
DEATHS
In the service of the Southern Confederacy, in America, Samuel, fifth son of William WANN, Esq., J.P., Markethill, aged twenty-one years.
Feb. 20, at his residence, 115, Stephen's Green, Dublin, James M'FADDEN, Esq., Solicitor. The mortal remains of the deceased gentleman arrived here by train on Monday evening and were interred next day in the family burial ground, in this town, followed to the grave by a large number of sorrowing friends. We understand that Mr. M'FADDEN has bequeathed several sums for local charitable purposes.
DEATH OF JOHN D'ARCY, D.L., DUBLIN--This gentleman died at his residence, 15, Fitzwilliam-place, Dublin, on Thursday last, after a protracted and painful illness.
MARRIAGES IN IRELAND IN 1862--The effects of immigration are beginning to appear in the diminution of the number of marriages in Ireland. The Registrar General's return for 1862, recently issued, states that with the exception of the year 1847, the number of marriages registered in 1862 was less than in any year since 1845....IRISH TIMES
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