Cavan Observer
Published in Cavan, county Cavan
March 5, 1864
IN THE LANDED ESTATES COURT, IRELAND
COUNTY OF CAVAN
SALE ON TUESDAY, THE 10TH DAY OF APRIL, 1864
In the Matter of the Estate of
ARTHUR RICHARDSON SLACKE, sen, continued in the name of GODFREY SHAW SLACKE, and further continued
in the name of ARTHUR RICHARDSON SLAKE, jun., and of ANGEL SLACKE, widow.
Owners and Petitioners.TO BE SOLD, by the Honourable Judge LONGFIELD, at the Landed Estates Court.........
Lot 1 has been already sold.
Lot 2--Part of said Lands of Cornagunleog......
Lot 3--Part of the said Lands of Stranadarragh....Dated this 22nd day of February 1864
HENRY ROBERT GREENE, Chief ClerkDESCRIPTIVE PARTICULARS
The Lands to be sold go along the Banks of the Blackwater River, which runs through said Lands at Stranadarragh.....
LOCAL NEWS
REJOICING AT SHERCOCK--(From a Correspondent)--Feb. 29--On Saturday evening, the 27th inst., the tenantry of the different townlands of Mr. SINGLETON's extensive estate, lighted bonfires in honor of the worthy gentleman's nuptial with a noble English lady, which were celebrated on that day. From an elevated hill, in the townland of Kilmackran, on the farm of Mr. ROSE, which was beautifully illuminated for the occasion as far as the eye could reach, might be seen similar displays of a happy and prosperous people, spontaneous affection for their beneficent landlord....Mr. Rose, who assisted by Edward M'CABE, as a musician, contributed largely to the amusement and hilarity of those present......
NARROW ESCAPE FROM DROWNING--On the afternoon of the 26th ult., an accident took place adjacent to this town, which nearly eventuated in the drowning of four young ladies. On the evening in question, the three Miss GOSSELINS, daughters of Major GOSSELIN, Cavan Militia, and Miss HILL, daughter of Counsellor HILL, were walking on the ice on the "Green Lake," when it suddenly gave way and the three Miss Gosselins were immersed in the water. Miss Hill, in endeavouring to rescue her companions, was dragged into the water. A young gentleman, Named KELLETT, seeing the perilous position of the young ladies from the other side of the lake, crossed over at very great personal risk, but his exertions to extricate them proved unavailing....At this moment the dangerous situation of the parties was observed by some persons on shore, and three men, named LOWDEN, GALLIGAN, and SMITH, hastened to their assistance, who by means of planks and ropes succeeded in bringing them to shore in safety. None of the young ladies suffered any greater injury than a good wetting....It could not be attributed to any rashness on the part of the young ladies, as many persons passed over the same place for some days previous.
MALICIOUS INJURIES
BARONY OF CASTLERAGHAN
James BRADY, of Virginia, claimed 15l., as compensation for the malicious destruction of a quantity of turnips, his property, at Cornasesk, on the night of the 12th of July. The Presentment Sessions recommended 8l.
Robert M'KEEPER deposed that he was caretaker on the townland. On the morning of the 13th he and another "boy" found five or six heifers on the turnips, and a large stone, several stones weight, placed to the gate, to keep it shut. From drills, of 14 perches long, turnips, in another field, were pulled up by the hand and he believed the act was malicious. It was Brady's own cattle that were shut in on the turnips. The Grand Jury granted 2l.; but the claimant refused to take it.
Edward LYNCH of Kilnacrott, for compensation for the malicious burning of a labourer's dwelling house, his property, on the night of the 30th of June, 1863. Amount claimed, 3l. Considered at the Sessions to be malicious, and 1l. 10s was recommended.
Mr. JONES moved that the full amount claimed should be granted. Mr. J. H. ADAMS, seconded the motion, which was adopted unanimously. The amount to be levied off the townland.
BARONY OF CLONMAHON
Bernard REILLY, of Glasscarrick, claimed 5l. for compensation for malicious injury of a quantity of mud turf on the night of the 5th of August last. Decision at Sessions "considered malicious," recommended 1l. 10s.
Reilly swore that two night before the injury the turf were all right, but he found them all trampled on by people's feet, he could not point to any particular person, but that was the third time they did it.....Mr. TATLOW said there was no doubt of the injury being malicious. This amount was presented to be levied off the townland.
The Rev. George STONEY, Killyfassey, claimed 7l. 10s for compensation. Mr. Stoney deposed that on the 8th of October a very valuable dog of his died from the effects of poison.--About 12 months ago he lost a valuable dog also, and two dogs since....Mr. Tatlow protested against the amount being levied off Killyfassey which was a most peaceable and respectable townland. He would move that the amount be levied off the parish. The Grand Jury present 5l. to be levied off the parish.
James NEWMAN claimed 5l. compensation for the malicious maiming of two rows, his property, on the night of the 22nd of November, 1863. The Presentment Sessions considered the maiming malicious, and recommended 5l. Newman deposed to the nature of the injuries, in fact the tails were cut off whereby the value of the cows was greatly deteriorated. An Appraiser proved that he examined the tails of the two cows and 16 inches of one tail was left, and only 14 inches of another....On the motion of Captain Phillips, seconded by Mr. Tatlow, the sum of 7l. was presented.
BARONY OF UPPER LOUGHTEE
Patrick BRADY, of Lisnashanna, claimed 10l. for the malicious injury of a horse, his property, on the night of the 29th September last. The Sessions considered the injury malicious and recommended 5l. ...A Constable of constabulary proved that the injury could not have been accidental and must have been malicious. The Grand Jury presented 5l.
BARONY OF TULLYHAW
Thomas MAGOVERN, of Corachemers, applied for compensation for the malicious destruction of a mare, his property, on the night of the 7th of June, 1863.--Amount claimed 10l. The Presentment Sessions recommended 7l......The Grand Jury granted 10l., the amount claimed.
Henry WILCOX claimed 10l. compensation for the malicious maiming of a horse, his property, by cutting off its tail. The Sessions recommended 2l., which was granted by the Grand Jury.
Francis FAWCETT, of Rosmadtree Hill, claimed 5l. for the malicious injury of a wall, his property at Bawnboy.....Captain JOHNSTONE, J.P., stated that he had no doubt the injury was done maliciously, and he felt it his duty to have the matter brought forward. The Grand Jury granted 3l.
BARONY OF LOWER LOUGHTEE
Francis MAGOVERN applied for 5l. compensation for malicious injury done to a quantity of turf, his property, at Camalier on the night of the 27th of June, 1863.--recommended at Sessions to be levied off Camalier and Luggan....The Grand Jury granted the amount claimed.
This terminated the fiscal business of the Assizes.
OPENING OF THE COMMISSION
CROWN COURT
At ten o'clock on Thursday morning the Hon. Baron FITZGERALD entered the Crown Court, accompanied by the High Sheriff, John Edward VERNON, Esq. Mr. CAFFREY, Deputy Clerk of the Peace, read her Majesty's Commission, after which the grand jury were called over by H. J. REA, Esq., Clerk of the Crown, and resworn.......His Lordship then addressed the Grand Jury.....The Grand Jury then retired to consider the several bills of indictment, and his Lordship proceeded with the fiating of the presentments.
HOMICIDE
A petit jury having been empannelled, the first prisoner given in charge was
Luke GIBNEY, with causing the death of John HART, by wounding him with a pair of shears. The prisoner pleaded "Not Guilty," and was undefended.
John GAFFNEY sworn and examined by Mr. HENDERSON, Q.C.--Recollected the 10th of June; was working for the Hon. Richard MAXWELL, at Fortland, on that day; witness and the deceased, John Hart, were clipping a laurel hedge, and both of them had a pair of clippers; Hart was working in the garden on the other side of the hedge; he came down to where witness and the prisoner were; he had no business there; when Hart came down the prisoner spoke to him in a way that one would to a female of bad repute; the prisoner was nicknamed "Luke the Lady;" witness considered it all a joke; after some conversation the deceased gave the prisoner a push and a kick; the deceased ran away and prisoner flung the clippers after him; it struck him on the calf of the leg, and inflicted the wound that caused Hart's death; deceased stopped the bleeding with his hand, and the prisoner put a stone to the wound...Dr. MAWHINNY was then sent for; deceased remained at Mr. Maxwell's for eight or ten days and was then taken to the County Infirmary; there was never any animosity between the prisoner and deceased, and their families were on the best of terms.....The Hon. Richard Maxwell gave the prisoner a good character.....His Lordship briefly charged the jury, who, without leaving the box, found the prisoner guilty, with a recommendation to mercy.
His Lordship, in sentencing the prisoner, said it was clear from the evidence that there was no malice on his part, but it was very condemnable for persons to use weapons of so formidable a nature on a slight provocation.....he did not think it too slight a punishment to sentence him to one month's imprisonment.
THREATENING LETTER
Michael KEENAN, aged 44, was placed in the dock, charged with writing a threatening letter to the Earl of Granard. The prisoner applied to his lordship to award him counsel. He made a speech from the dock, declaring his innocence, and stating that he had been greatly harassed by the Crown......Mr. Johnstone explained that the prisoner had been indicted at Longford under the Whiteboy Act for a misdemeanour in writing a threatening letter, and acquitted by the direction of the Court. The Judge who tired the case considered that the second indictment should be tried in Cavan.......
The Earl of Granard, was sworn and examined by Mr. Henderson, Q.C.--Resides at Castle Forbes in the County Longford; received a threatening letter at his residence through the post office bearing the Cavan post mark....Showed the letter to his brother, and afterwards gave it to Mr. ROONEY, the County Inspector of Constabulary; received the letter in February 1863...
There was no witness produced for the defence, and his Lordship, in his charge to the jury, minutely recapitulated the evidence. The jury then retired, but up to the rising of the court had not agreed to a verdict. Two of the jurors represented to his Lordship that they were unwell from fatigue and long fasting. His Lordship directed a medical man to be sent for, and Doctor MEASE having attended and examined the jurors who complained of illness, proved that further confinement might lead to dangerous consequences.
The jury were then discharged, and the prisoner was conveyed back to gaol.
OBTAINING MONEY UNDER FALSE PRETENCES.
Philip CLARKE was indicted for obtaining 4s from the Rev. Mr. ADAMS, under false pretences. The prisoner pleaded guilty, and was sentenced to three months' imprisonment without hard labour.
SHOOTING AT AND WOUNDING
James FITZPATRICK was arraigned for shooting at and wounding Thomas and Mary DONOGHUE. The prisoner was defended by Mr. DOWSE, Q.C., instructed by Mr. John ARMSTRONG, solicitor. The prisoner was acquitted. (The particulars of this case shall appear in our next issue.)
Friday, March 4
At ten o'clock Baron Fitzgerald entered the Court. Mr. P. Caffrey called over the long panel.
MURDER
On yesterday Bernard CANGLEY was placed in the dock, charged that he on the 23rd January, 1864, at Coolnacola, did murder Peter REILLY, and dangerously stab his wife, Catherine REILLY.
The prisoner, who is a young man of about 25 years of age, rather stout, but manifested the greatest coolness and composure. In the usual interogatory of the Clerk of the Crown, he answered in a firm voice "Not Guilty," and applied to his lordship to award him counsel for his defence. His Lordship asked him if he had any particular attorney to select, and he stated that he would refer Mr. John Armstrong. His Lordship then directed that gentleman to consult with the prisoner, and prepared his defence......
After one challenge the following petit Jury were empannelled: T. W. Sixsmith, foreman; James Trevor, Charles Maguire, James Simon, Robert Green, John Johnston, John Pratt, William Johnston, Samuel Yeates, John O'Neil, George Blakely, and William Hamilton...
Catherine REILLY, the widow of the deceased was the first witness produced; she appeared very weak, and had to e assisted on the table. ..Am the widow of the deceased, Peter REILLY; lives at Coolnacola in this county; her husband was a farmer holding 11 acres of land...am a year and a half married yesterday; knew the prisoner Cangley before by seeing him passing about 14 or 15 years ago.....after dark herself and her husband were sitting at the fire....her husband, the boy, James MOLLOY, who is about 15 years of age, and witness were sitting at the fire.....it was then about six o'clock; when Cangley entered the kitchen he enquired "Was it there Peter Reilly lived"; (Transcriber's note: Details of this case appear in the January 30, 1864 issue.)....
Constable KING proved that he was stationed at Grousehall three miles from the residence of the deceased; on the morning of 23rd of Jan. he and his party went to Coolnacola; got there between four and five o'clock; found Reilly dead, and his wife in bed; lost no time in scouring the country; when he returned to Reilly's he searched the house and found some of the prisoner's clothes on the loft; searched the clothes, and found a steel pen, a box of matches, and an old newspaper; took from off the prisoner the shirt he wore; there was blood on it; (shirt produced).
Su-Inspector WEIR deposed that he went from Ballyjamesduff to Coolnacola on the morning of the 23rd Jan.; got there about eight o'clock; found a suspender inside the door in a pool of blood; compared the suspender with the one Cangley had on him, and found them to be fellows.....
The Clerk of the Crown, in the usual way, asked the prisoner if he had anything to say why sentence of death should not be pronounced upon him.
The prisoner merely replied that he did not know what he was doing at the time he committed the crime.
His Lordship then proceeded to pass sentence on the prisoner.....His Lordship then put on the black cap and passed sentence of death on the prisoner in the usual manner.
Monday, the 4th of April, is the day named for the execution.
(Before Judge HAYES)
His Lordship sat in the Record Court at 10 o'clock.
Pierce CULLEN v. the Midland Great Western Railway Company
This was an appeal from the Chairman who gave a decree for £12 against the defendants.
The plaintiff was a butcher in Clones, and brought a civil bill process at the last quarter sessions against the defendants for loss and damages which he sustained by means of the defendants having by their carelessness, and for want of proper care and attention, on the 18th of October, 1863, allowed a cow the property of the plaintiff to fall off the platform of the defendant's railway premises at Carrick-on-Shannon, the platform not being sufficiently protected as of right it ought to be....The Chairman having heard the evidence in the case, granted a decree for £12, and against the decision the defendants appealed. Judge Hayes affirmed the decision of the Court below with costs.
ASSAULT
John FINLAY, Michael FINLAY, Peter FINLAY, John FINLAY, Charles M'CABE and Patrick FINLAY were indicted for having on the 6th of January last, assaulted Owen MULLEN, at Shercock so as to occasion him actual bodily harm. There was a second count for common assault on Owen MULLEN, a third count charged a common assault on Michael MULLEN, a fourth count charged a common assault on Michael MULLEN, a fifth count charged a common assault on Patrick MARTIN, and a sixth count charged a common assault on James REILLY....
Owen Mullen deposed that upon the occasion specified in the indictment he and his brother were set upon by the prisoners and beaten with tongs and pothooks. On cross examination by Mr. RICHARDSON, the witness stated that he did not think he struck any of the prisoners, but he held one of them....
His Lordship summed up the evidence, and the jury found a verdict of guilty against John Finlay, Michael Finlay, Peter Finlay, and John Finlay, and acquitted the other two prisoners.
His Lordship sentenced the two John Finlays to 9 months' imprisonment with hard labour, and the other two prisoners were sentenced to four months' imprisonment with hard labour.
CATTLE STEALING
Francis M'GOURTY was indicted for stealing three heifers, the property of James M'GAURAN on the 15th February last. A second court charged him with receiving the cattle knowing them to have been stolen....The prisoner was acquitted.
ALLEGED PERJURY
Anne SCORR was indicted for committing wilful and corrupt perjury in her evidence before Joshua CLARKE, Esq., Q.C., Chairman of Quarter Sessions at Cootehill, in a case in which Mr. Charles MURPHY was plaintiff, and in which the prisoner's aunt was defendant.......Up to going to press this case was still hearing, which will be concluded in our next issue.
The court adjourned to this morning, Saturday.
CAVAN PETTY SESSIONS
MONDAY, FEB. 29
(Before Theophilus Thompson, Esq., J.P., Chairman; Nathaniel Montgomery, Esq., J.P., and Wm. Babington, Esq., J.P.)A ROAD CONTRACTOR
John LEE, a road contractor, summoned Edward KENNEDY, for having prevented him to raise stones and gravel from a quarry on his land. Lee stated that he was a road contractor, and that the quarry in question was the most convenient and the one always used by the person having the contract for the same road.....The Court allowed the case to stand for a week, and, that the matter be submitted to the agent, Mr. VERNON.
ILLICIT DISTILLATION
Constable HEUSTON of the Ballyhaise Constabulary summoned James GELSHAN for having at his residence a quantity of preparation for the purpose of illicit distillation....The accused pleaded guilty......The Court sentenced the accused to six months' imprisonment, or a fine of £12, but recommended him to memorial the Board of Inland Revenue for a mitigation of the punishment.
The Court then rose.
March 12, 1864
CAVAN SPRING ASSIZES, 1864
ALLEGED PERJURY
Anne SCORR was indicted for committing wilful and corrupt perjury in her evidence before Joshua CLARKE, Esq., Q.C., Chairman of the Quarter Sessions, at Cootehill, in a case in which Mr. Charles MURPHY was plaintiff, and in which the prisoner's aunt was defendant.
The prisoner pleaded not guilty.
(Transcriber's note: Details of this case appear in the February 6, 1864, issue.)
His Lordship briefly summed up and the jury after a short deliberation returned a verdict of "not guilty."
THREATENING LETTER
John SMITH, a lad about 13 years of age, was indicted for having on the 20th of October last written a threatening letter to Michael REILLY, son of the postmaster of Stradone, threatening to shoot him....
The jury after some deliberation found the prisoner guilty, but recommended him to mercy on account of his youth. His Lordship sentenced the prisoner to 12 months' imprisonment with hard labour.
BIGAMY
James POGUE was indicted for bigamy. The indictment charged that on the 28th of February, 1824, he married Rose REILLY at Ballybay, county Monaghan, and that on the 9th of June, 1838, he feloniously married a woman named LOUGHINGTON, at Cootehill, in the county Cavan, his first wife being then alive.....
Robert SCOTT deposed that he knew the prisoner about 40 years ago; he accompanied the prisoner to Rose Reilly to Ballybay; they went into M'COY's public house and inquired for a man named COLWELL, who was a "buckle beggar." They were told that he was not in the house at the time. M'Coy, the publican, told the prisoner to call up half a pint of whiskey and while the whiskey was being drunk a "man in black" came in and M'Coy said that was Mr. Colwell. The prisoner produced some money which Colwell put into his pocket, and a kind of ceremony was performed, but the ceremony was very short. He told the parities to stand up, there was no ring, and Colwell said "as I was an ordained minister of the High Church of Scotland, I pronounce you a wedded couple." The prisoner and the woman lived for 30 years together as man and wife, and had six children.
It appeared that Rose Reilly was a Roman Catholic, and a point was raised by the Court as to the legality of the marriage that being the case......
William COLWELL said he was the son of the late John Colwell, who was an ordained clergyman belonging to the Presbyterian body. He never heard his father preach nor did he see him perform the ceremony of marriage. He was not reared with his father but with his grandfather. He believed his father resided in Ballybay during the latter part of his life.
Hugh Reilly said that the late John Colwell taught school at Ballybay, and married people; he saw him marry several people.
The prisoner was acquitted.
SHOOTING AT AND WOUNDING
James FITZPATRICK was arraigned for shooting at and wounding Thomas and Mary DONOGHUE. The prisoner was defended by Mr. Dowse, Q.C., instructed by Mr. John Armstrong, solicitor. The prosecution was conducted by Mr. Henderson, Q.C., and Mr. S. Y. Johnstone.
Thomas DONOGHUE sworn, and examined by Mr. Henderson, Q.C.--Lived at Teevennass in May last, and held a house and garden from the prisoner; planted potatoes in the garden, and went to dig them on the 5th of Nov.; three men, named John REILLY, Laurence M'CONNELL and Bernard ROARKE went with him to dig the potatoes; his wife also accompanied them; after digging for some time the prisoner came into the field, and told them to stop digging....witness said the potatoes were his property.....the prisoner told his boy to remain in the field, and said "he would soon make them stop digging"; the prisoner then left the field and went towards his own house...witness and the other men continued digging the potatoes.....when he came back he went up to a 'creel' of potatoes near to which his wife was standing, and commenced throwing them about; the prisoner took hold of his wife and threw her in the furrow; witness went to the relief of his wife, when the prisoner drew back, and fired a shot at him; the shot hit him in the face and shoulder; witness shouted he was killed, and his wife lifted a stone and threw it at the prisoner; he fired another shot at her which wounded her in the leg.....was attended by Dr. SHARPE, who dressed the wounds.
Mary DONOGHUE, the wife of last witness, was next examined. Her evidence was similar to that of her husband....
Mr. Dowse addressed the jury on behalf of the prisoner......
Charles M'CABE sworn--Went with the prisoner to Teevennass on the day in question; Donoghue and his wife and three other men were digging potatoes; the prisoner said the potatoes were his property, and told them to stop digging...
Francis BRADY sworn--Was in the field on the day in question. Donoghue had a spade in his hand, and witness advised him to settle with the prisoner. Donoghue's wife had a stone in her hand, and the husband told her to scatter out the brains of the priner's boy if he stooped for the potatoes...
Edward KEELY sworn--When the prisoner told his boy to pick up the potatoes Donoghue lifted a stone. saw Donoghue's wife strike the prisoner..
Mr. Patt CONNELL, a farmer, gave the prisoner a good character.......The Rev. John BRADY, P.P., deposed that the prisoner was a quiet, upright, just man.
His Lordship charged the jury, recapitulating the evidence at considerable length.
The jury, after a short deliberation, returned a verdict of "Not Guilty."
Mr. Henderson, Q.C., said there was another indictment against the prisoner for shooting at Mary Donoghue, but the Crown would not then proceed with it, and would allow him to stand out on his own recognizance till called.
The business of the commission terminated about four o'clock on Saturday, when their Lordship left town for Enniskillen.
CAVAN FERMANAGH
ENNISKILLEN, SATURDAY, MARCH 5--Four o'clock today was the hour fixed for opening the commission for the county Fermanagh, but in consequence of the judge being detained in Cavan, Judge Hays did not enter the Crown Court until seven o'clock, when the commission was read by Mr. SMART, Deputy Clerk of the Crown, after which the court adjourned until Monday Morning.
CROWN COURT
MONDAY, MARCH 7--Judge Hayes entered the Crown Court today at ten o'clock accompanied by Lord Viscount CRICHTON, High Sheriff of the county. The Grand Jury having been re-sworn for the discharge of criminal business, his lordship addressed them.....
A petty jury having been empannelled,
Matthew WILSON was indicted for criminally assaulting Margaret JOHNSTON, a married woman, at Coolbuck, on the 21st December last. The prisoner, a rather respectable looking man, pleaded not guilty, and was defended by Mr. W. IRWIN, instructed by Mr. JONES. The Crown prosecutors were Messrs. MAJOR, Q.C., and S. Y. JOHNSTON.
The case broke down shamefully. It seemed to have been got up as a piece of revenge against the prisoner, who is a process server, and who, on the day charged, had a process to serve on the prosecutor.
The Judge said the prosecutor had made a shameful figure of herself, and ordered her out of the witness box. The jury at once acquitted the prisoner.
THE ILLEGAL MARRIAGE CASE.
The Foreman of the grand jury, accompanied by other members, came into court and addressed his lordship with reference to the case of the Rev. J. M'LOUGHLIN, C.C., against whom a bill was before the grand jury for celebrating, or aiding in the celebration of a marriage between a young man named PETERSON, a Roman Catholic, and Miss QUINTON, of Enniskillen, a minor and a Protestant. The foreman stated that Peterson, who, of course, was a most material witness in the case, had been advised not to give any evidence which would tend to criminate himself unless ordered to do so by the court. The grand jury now wished to know if Peterson could be compelled to give the necessary evidence, even though it might criminate himself.
Judge Hayes was of opinion that Peterson was not bound to say anything to criminate himself; but the gentlemen representing the Crown thought Peterson's evidence of great importance the law empowered them to pardon him for anything he would say in the case.........Mr. Major said the grand jury could call the witnesses as entered on the back of the bills, and if anyone refused to give evidence a note could be taken of it.
Judge Hayes advised the grand jury to act on the last suggestion of Mr. Major. He did not think he could compel any witness to give evidence which might criminate himself. If the grand jury were able to obtain sufficient evidence they should find the bill; but if they could not get sufficient evidence, of course, they must ignore it.
ARMAGH ASSIZES--THURSDAY
(Before the Right Hon. Justice Fitzgerald)CROWN COURT
WAYLAYING
Michael SHENLIN and Peter KEENAN were indicted for a grievous assault on Owen CUNNINGHAM, on the 19th of November last, near Newry.
It appeared that Cunningham on the day in question was riding to Newry. When he arrived near Clohoy Chapel he observed a man approaching him. He immediately afterwards struck him with a stick on the head. He fell and received several blows after. Both the prisoners came up when the man who first assaulted him was kicking him. He did not know that man. The prisoners caught hold of Cunningham and threw him against the ditch.--The man who first struck the prosecutor again struck him. The three men then seized him and threw him into an adjoining field. The fall being some seven feet, his head was severely injured, and he was covered with blood. He saw three persons about 20 minutes afterwards....The prisoners were caught by the Rev. Mr. HUGHES, Roman Catholic clergyman, aided by one Michael FINNEGAN, who happened to be passing along the road at the time. Their conduct was highly praiseworthy....His Lordship charged the jury, who convicted the prisoners. The prisoners were sentenced to 2 years imprisonment.
His Lordship ruled the books this morning, and is now engaged in hearing heavy railway traverses.
CAVAN PETTY SESSIONS
MONDAY, MARCH 7
(Before Theophilus Thompson, Esq., J.P., Chairman; Nathaniel Montgomery Esq., J.P., and W. Babington, Esq., J.P.)REGISTRATION OF BIRTHS AND DEATHS ACT
Dr. MALCOMSON applied to the bench to correct an entry in his book of a birth which had been wrongly made. A child born at Shankhill in the Ballyhaise district had been inadvertently returned as belonging to his district and he wished to rectify the mistake in the manner laid down by the act of parliament by bringing before the court......The Court, after referring to the section of the act bearing on the case, were of opinion that a written deposition was necessary before the court could make an alteration in the Registration Book. Dr. Malcomson said he would make the requisite deposition.
After disposing of a few unimportant cases the court rose.
March 19, 1864
LONGEVITY--On Monday, March 7th, at his house, Meenoline, near Newcastle West, county Limerick, at the advanced age of 107 years, Mr. Edmund DORE (or DOWER); and at the same place a few years ago, his brother, Mr. Maurice DORE (or DOWER), aged 103 years--Both these men lived on the same farm on which their father, their grandfather, and their great-grandfather lived for the last 500 years, and, as far as tradition goes, long, long before the Devon put the Desmond out of his vast tract of property.--"Cork Examiner."
CAVAN PETTY SESSIONS
MONDAY, MARCH 14
(Before William Babington, Esq., J.P.)STEALING WORKHOUSE TOOLS
William RAHILL was charged at the suit of the Cavan Board of Guardians with having in his possession a saw set and an oil stone, which had been stolen from the workhouse....
Thomas DARBY deposed that about twelve months ago the saw set and oil stone, now produced, were missed from the workhouse; witness had them in the workshop about that time, and thought that the tools were only misled )(sic) and that they would be found when cleaning up the workshop.
Constable Ross MAGUIRE proved to having found the saw set and oil stone in Rahill's house.
A small boy about eleven years of age, a brother-in-law of Rahill's, proved that about 13 months ago, James REILLY was lodging in his father's house, and he saw him bring there the saw set and oil stone; he afterwards brought them to Rahill's house where he was working......Finlay, the porter, proved that Rahill and Reilly were employed in the workshop of the workhouse about 13 months ago; a great many tools disappeared from the workhouse....
Head Constable MOORE deposed that when Rahill and Reilly came to the police barrack they made charge and counter charge against each other.....
Mr. Tully said he could produce Rahill's wife to prove that the saw set and oil stone were left in her husband's house by Reilly. Mr. Babington said the wife could not be legally examined. The facts that transpired some what implicated Reilly, but the "onus probandi" rested with Rahill of explaining how the tools came into his possession. Before coming to a decision on the case he would like to have the assistance of another magistrate, and would therefore allow it to stand for a week.
There was only another case before the court, in which the parties did not appear.
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., by retail within said County,......to be heard and enquired into at CAVAN, on THURSDAY, the 31st day of March, 1864, immediately after the Grand Jury shall have been sworn.
GUSTAVUS TUITE DALTON
No. NAME RESIDENCE PARISH BARONY 1 CREALY, John Main-street, Cavan Urney Upper Loughtee 2. LYNCH, Mary Main-street, Arva Killeshandra Tullyhunco 3. M'CABE, Charles F Bridge-street, Cavan Urney Upper Loughtee 4. MALONE, James Main-street, Cavan Urney Upper Loughtee 5. M'LERNON, Edward James Main-street, Cavan Urney Upper Loughtee Clerk of the Peace, County Cavan
Cavan, 12th March, 1864
LANDED ESTATES COURT, IRELAND
In the Matter of the Estate of
WILLIAM BOND, Esq.
Owner and PetitionerTO BE SOLD before the Honorable Judge DOBBS, on THURSDAY, the 5th day of MAY, 1864, at the Landed Estates Court......in One Lot, part of the Town and Lands of Coolconey, otherwise Cooldone, situate in the Barony of Granard and
COUNTY OF LONGFORD
Dated this 20th day of February, 1864.
GEORGE T. HOPKINS, Chief Clerk
MELANCHOLY DEATH FROM BURNING--On Monday, as the wife of Mr. SADDLIER, steward to Captain OTWAY, Castle Otway, was placing some fuel on a fire in her room, she fell on the grate, and no person being near her at the time to render any assistance, she was burned to death.....An inquest was held on the body, and a verdict of accidental death returned.--Deceased was highly respected by all in her neighbourhood.
THE MAGISTRACY--William GOFF, Esq., of Carrowroe, Roscommon, has been appointed to the Commission of the Peace for the County of Roscommon. John William PERCY, Esq., has been appointed Resident Magistrate for the county of Galway. Edmond F. RYAN, Esq., Resident Magistrate, has been transferred to the county of Cork.
James ROSS, Esq., R.M.--We understand that James ROSS, Esq., R.M., Athlone, is about to retire on a superannuation allowance. He will be succeeded by William H. BECKETT, Esq., R.M., Ballina......"Western Star."
March 26, 1864
BIRTH
March 21, at 4 York Crescent, Clifton, the wife of Joseph STORY, Esq., of Bingfield, county of Cavan, of a son.
INQUEST
William POLLOCK, Esq., coroner of the district, held an inquest on Wednesday, at Derrycramp, on the body of a young man named John GELSHENAN, who was found dead in a lime-kiln at Latt, convenient to this town on the previous day.
After empannelling a respectable jury, of which Mr. W. FINLAY was foreman, the inquiry was proceeded with.
The first witness examined was Michael HEEL, who deposed that he was superintendent of the lime-kiln at Latt. About nine o'clock that morning, witness left a man named DRUM attending to the lime-kiln, and when he returned the deceased was working at it; witness went to measure a few barrels of lime, and when he came back, the deceased GELSHENAN, had fallen into the kiln; shouted to John COLLINS to come to extricate the deceased, and also called Edward BERNE; witness jumped into the kiln, and Berne came to his assistance; when he got into the kiln he was overpowered and fainted, and did not think he would have long survived; after he was taken out by Berne, restoratives were applied by Mr. James BROWN; before he went to breakfast he felt the effects of the medicine vapour; often felt it, before but never felt it so bad as that moment; the deceased was not the person regularly employed at the kiln.
To a Juror--When witness lifted up the deceased in the kiln he did not think him dead; there was no person about that could give him a shove.
James BRADY proved that he was employed at the lime-kiln breaking stones; at eight o'clock that morning, when attending the lime-kiln he got sick; went away for a short time, and when he came back he got worse; Heel told him to stop work till the smoke would cease; Andrew DRUM then took his place at the kiln; in about a quarter of an hour Drum got weak and came down to the quarry; when Drum heard that Gelshenan had fallen in the lime-kiln, he thought to walk up but fainted.......the wind was in a point that blew the vapour into the face of the person working at the kiln.
Edward BYRNE deposed that he was standing at Mr. BROWN's door, at Latt, on the morning of the accident; Heel called to him to come up quickly, and as he was hurrying towards the kiln Heel jumped in; Heel had lifted up Gelshenan and he thought the life was in him at the time; Heel then fainted in the kiln....Mr. Brown gave him some brandy and he got better in a short time....
The Jury, after a short consultation, found that the deceased came by his death from the effects of exposure to the influence of carbonic acid gas, from the lime-kiln at which he was working at Latt. The jury also suggested that the owner of the lime kiln should erect a platform around it so that persons working at it might shift from one side to the other.
CAVAN PETTY SESSIONS
MONDAY, MARCH 21
(Before Theophilus Thompson, Esq., J.P., Chairman; Nathaniel Montgomery, Esq., J.P.;
Captain Carden, J.P.; William Babington, J.P., and William Smith, Esq., J.P.)COUNTY CESS
Mr. Thomas REILLY, Barony Constable, summoned Mr. George GRAHAM for £2 16s county cess, due on the lands of Clonervy. Mr. Graham said he gave up the land, and did not, therefore, consider himself responsible..Mr. Graham said he was never asked for the cess until after he had given up the farm.
BRADY, Mr. Reilly's collector, said he was in the habit of not calling on respectable persons for the cess until the last. The amount summoned for was due. The Court granted a decree.
DEFENDING A PASSAGE WARRANT
Catherine CUMISKY summoned Peter GAFFNEY for endeavouring to defraud her of a passage warrant to America. Cumisky proved that on Friday last Gaffney received a letter from America, containing passage warrants for his son and herself; but he wanted to send his daughter in her place; Gaffney's wife said she would burn the passage before the witness should get it.
Gaffney denied that he wanted to deprive Cumisky of her passage, and said that she acted hastily in issuing a summons.
Mr. Thompson intimated to Gaffney that if he attempted to do anything improper with the passage he would render himself liable to imprisonment. The Court allowed the case to stand till next Court day, in order that Gaffney might produce the passage warrant.
ASSAULT
Terence MURRAY complained, on information against Terence MURRAY and Philip BRADY, for severely assaulting him
The complainant deposed that on the night of the 17th he was drinking in Patt BRADY's public house in Bridge-street; Terence Murray took a hold of witness and dragged him down stairs into the kitchen, where he was knocked down and kicked several times; while on the ground Philip Brady gave him a kick in the eye...Knew Murray before; some of witness's cousins and him had a row..
Patt MONAGHAN deposed that he saw the two Murrays strike each other; Philip Brady did not kick the complainant.
The Court dismissed the complaint against Brady, and fined Murray 2s 6d and costs.
DETAINING A CHILD
Margaret LAMB summoned John LAMB and Catherine LAMB, of Drumgola, that they did unlawfully and against the will of complainant, detain her child, which the defendant Catherine had previously carried away.
Constable M'ILWAINE stated that the complainant did not appear.
Mr. Thompson remarked that it was a gross an outrage as ever came before the Court. He happened to be passing through the village of Butlersbridge on the previous Friday, when Catherine Lamb told me that her son, a child of eight years old, had been illegally detained by the accused. The woman stated that her husband died in he workhouse a few days before, and after his interment Catherine Lamb took away her child. He (Mr. Thompson) brought the woman to the police barrack, and issued a summons against the parties. When the police went to serve the summons Lamb and his wife closed the door against them, and would not open it, although the police sergeant intimated that a magistrate was outside. The child when he heard its mother began sobbing, and it was evident that some persons inside placed their hand on its mouth to suppress its crying. While the police were trying to serve the summons, a Roman Catholic clergyman came up, and asked "What brought the police there?" He said "You will not get the child," and mentioned something about proselytizing. He (Mr. Thompson) understood that the mother was a Protestant, and that the father died without giving any directions as to the religious teaching of his children. The mother was their natural protector, in every sense, and the parties who attempted to deprive a child of its natural protection subjected themselves to seven years transportation.
Constable M'ILWAINE stated that Mr. Thompson had correctly explained the case. Since the occurrence he had been frequently called a proselytizer by the people of the locality, and that when coming from church on last Sunday he was cheered by groups of people along the road.
John Lamb stated that he was the uncle of the child and that after his brother's death the mother gave the child to his wife.
Mr. Thompson--Why did you close the door against the police after they told you their business?
Lamb said that his wife had locked the door, and taken the key with her.
Mr. Thompson--Do you mean to convey that when your wife goes out she locks you in. I am strongly of the opinion that it was you who placed your hand on the child's mouth to prevent him crying. This fellow, who pretends to adopt the child, lives in a most wretched, filthy hovel.
Captain Carden inquired where was the child? Lamb said that his wife had the two children in town. The mother intended to go to service and leave the children to him. John MULLEN, a neighbour of his, could prove that the mother gave the child to his wife of her own free will.
Mr. Thompson--But why did you refuse to give up the child to its mother when she demanded it in the presence of a magistrate?
Lamb said the mother gave his wife the child on Thursday morning, and came to demand it back the same evening......
Captain Carden--It is quite clear that we cannot proceed in the absence of the mother......
Captain Carden said he was conversant with the circumstances of the mother. She earned a trifle washing, but was not constantly employed......
A policeman was then sent for the children; and the Court ordered Constable M'Ilwaine to take a car and go for the mother. The Court adjourned till three o'clock at which hour Mr. Thompson and Mr. Babington took their seats on the bench....
Mr. Thompson,addressing the mother, said that she put the Court to a great deal of trouble in not attending as she should have done. He wished to know had Lamb informed the Court correctly when he stated that she had given up her children of her own free will and accord?
The mother stated that on Saturday John Lamb agreed to take both the children, and she was satisfied to give them to him and go to her service. At first Lamb would only take the eldest boy, and as the other child was sickly she could do nothing with it, and wanted to get back the little boy if he would not take both the children. At the time she made the complaint to Mr. Thompson she was so confused that she did not know what she was doing.
Mr. Thompson--You are a heartless wretch, and unworthy of the name of woman, to give up your children in such a way, and consign them to the care of a person who has evidently no means to maintain them.
The Court warned Lamb to take care of the children, and that he would be held responsible if anything happened to them.
THE LATE ACCIDENT--Andrew DRUM, one of the sufferers from the noxious effects of the gas in the lime-kiln, at Latt, on the 22d instant, and by which one of the men lost his life, has perfectly recovered in the County Infirmary to which institution he was removed after the accident occurred.
IN THE LANDED ESTATES COURT, IRELAND
COUNTY OF CAVAN
In the Matter of the estate of the Most
Honorable George Thomas John, Marquis
of Westmeath, Major Southwell GREVILLE,
and Philip O'REILLY, Esq., trustees of the
will of William Fulke GREVILLE, deceasedOwners,
Exparte
Same
PetitionersTO BE SOLD BY AUCTION, before the
Honorable Judge DOBBS, on THURSDAY,
the 19th day of May, 1864, at the Landed
Estates Court, Four Courts, Inns Quay
Dublin, the following Fee Simple, Estate,
situate in the barony of Clonkee and County
of CavanNO OF LOT DENOMINATIONS NO OF LOT DENOMINATIONS 1. Corraneary 9. Latully 2. Drumbittis 10. Cornagarry 3. Rooskey 11. Cran (part of) 4. Pottle 12. Dernakesk 5. Killycloghan 13. Clonraw 6. Upper Latsey 14. Ralaghan 7. Kilnacrew 15. Glasdrumman 8. Tonyhull 16. Knocknalosset
IN THE LANDED ESTATES COURT, IRELAND
COUNTY OF CAVAN
In the Matter of the Estate of
RICHARD JOHN HINDS, Esq., Owner
CHARLES AUGUSTUS BAGOT, Petitioner.TO BE SOLD, before the Hon. Judge DOBBS......the Life Estate of said owner, in the Lands of KILLATOWNEY, situate in the barony of Tullyhunco....
Also the life estate of said owner in the Lands of RHINNE and DERAMFIELD..situate in the barony of Lower Loughtee....
Dated this 16th day of March, 1864
GEORGE T. HOPKINS, Chief Clerk
COUNTY OF CAVAN
DIVISION 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., by retail within said County,......to be heard and enquired into at Cootehill, on MONDAY, the 11th day of April, 1864, immediately after the Grand Jury shall have been sworn.
No. NAME RESIDENCE PARISH BARONY 1. CLARKE, Patrick Market-st., Bailieboro 2. CLARKE, Thomas Market-street do. 3. IRWIN, Edward Wm. Kingscourt Enniskeen Clonkee 4. NUGENT, Christopher Virginia Lurgan 5. WILDRIDGE, Robert Market-st, Cootehill Drumgoon Tullygarvey 6. WHITTEN, Benjamin do do do GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan
Cavan, 22nd March, 1864
COUNTY OF CAVAN
DIVISION OF CAVANA List of applications received by the Clerk of the Peace from persons seeking
EXCISE LICENSES
for the sale of Beer, Spirits, &c., by retail within said County,......to be heard and enquired into at Ballyconnell, on WEDNESDAY, the 6th day of April, 1864, immediately after the Grand Jury shall have been sworn.
No. NAME RESIDENCE BARONY 1. SMITH, Philip Menlough Tullyhaw GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan
Cavan, 17th March, 1864
County Cavan Newspaper Transcription Project
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