The Cork Examiner, 1 June 1881
|RIVERSTOWN PETTY SESSIONS.|
|The presiding magistrates yesterday were—Messrs F H Gallwey (in the
chair), H B Burke, George A Wood, B Martin, J B C Justice, and the Rev Mr Freke.
A farmer named Sheehan was fined 10s for an assault on a blacksmith named Donoghue. The assault arose out of a dispute about the right of ownership of a field. Mr Scannell, solicitor, appeared for the defendant, and Mr Julian for the complainant.
Sub-Inspector Dickinson, Queenstown, summoned a publican named Conroy, of Knockraha, for having his house open for the sale of liquor during prohibited hours on Sunday, the 8th of May. The following defendants were also summoned for having been on the premises on the occasion:—Mr J B C Justice, J P, Patrick Hogan, and James Ahern. Mr A Julian, who appeared for the defendants said he was ready to admit that those parties were on the premises, but he intended to justify their being there.
Sub-constable M'Keown was examined and stated in reply to Mr. Dickson—I was in the barrack at Knockraha on the 8th of May ; when I saw Mr. Justice, Ahern, and Hogan go into Conroy's public-house ; I went over to the house about ten minutes afterwards, and as I was crossing the road Mr. Justice came out of the house and called me back, but I did not mind him at the time, as I considered he was under the influence of liquor.
Mr. Julian—Better confine yourself to the offence mentioned in the summons ; there is no such charge against Mr. Justice, and it is most improper to volunteer such evidence.
Witness continued—I saw the three men go in, but I only saw Mr. Justice come out ; he lives about a mile from the place ; when I went in the bar was open.
Mr. Julian—I will admit there was drink given.
Cross-examined by Mr. Julian—The public house is nearly opposite the police barrack, and no one could go in without being seen from the barracks ; the parties went in the most open manner.
Sub-constable Reilly stated that on Sunday, the 8th of May, he was told off to take care of the public houses for the day about five minutes to five in the evening he saw Mr. Justice going into the house, but he did not see any one going in with him ; saw two men named Hogan and Ahern coming out, and asked them what they were doing, and Mr. Justice motioned his hand and told me to go back and take a little drop as I was coming out of the door.
Mr. Julian said there was no charge of bribing, and it was likely that Mr. Justice thought the sub-constable was making himself too officious.
Constable Cummins stated that he went in and spoke to Mrs Conroy, and asked her why she allowed the men in, and she said that they were brought in by Mr Justice. The defendants also made the same statement.
Mr Julian said he did not attempt to deny that those persons were on the premises, but he would be able to satisfy the Bench that the premises were not open for the sale of drink. The week previous a sow was alleged to have been maliciously killed in the neighbourhood, and the owner signified his intention of putting a claim in for compensation from the county, Mr Justice, as the magistrate of the neighbourhood in which this malicious injury occurred, on its coming under his cognisance, thought it his duty to investigate the matter, and on being informed that Conroy was the last man who saw the pig alive, he went down to make inquiries. Hogan was accused of killing the pig, and when they were in the house Conroy insisted they should have a liquor, but no money was paid. He thought their worships would be satisfied that the house was not open for the sale of drink.
Mr Justice was examined and said that a malicious injury was reported by the owner of a pig, who said he intended to make a claim on the county for £20. On this Sunday, Hogan whose son was charged with killing the pig, came over to his house and asked him to make inquiries. He said he would drive down in the evening and he did so in company with the defendants, Hogan and Ahern who knew something about the value of pigs. On his oath he went there for no other purpose, except to investigate matters ; Mrs Conroy gave some drink, but no money was paid for it.
Sub-Inspector Dickson—In what capacity did you go there ; was it as a magistrate?
Mr Dickson—Did you know that summonses were issued at the suit of the Queen v. Hogan for this offence?
Sub-Inspector—Did Hogan tell you his son had been served with a summons?
Sub-Inspector—Was it after the summons had been served in the name of the Queen v. the defendant, at the next petty sessions?
Witness—Yes, I went when I heard a claim for £20 was to be made on the county.
Examination continued—Did any person pay for drink in the house? No. Who supplied the drink? Mrs Conroy.
Mr Julian—Perhaps you don't understand the question put by the Sub-Inspector ; was it for the purpose of investigating the matter as a magistrate or a cesspayer you went there?
Witness—I went there as a cesspayer and a magistrate when I heard of the claim being made on the county.
Mr Gallwey—You know as a magistrate that notice must be given before the claim is made?
Sub-Inspector—He knows that the claim could not be made until the case at Petty Session was recorded.
Mr Gallwey—That matter is not before us now.
Patrick Hogan deposed that they went to make inquiries about the pig ; the door was open while they were inside and Mr Justice's trap was at the door ; there was no money paid for the drink which was given as a present by Mrs Conroy.
James Ahern gave similar evidence.
Mr Julian said there was a statement slipped out from the first witness which at the time he considered at the time to be a most improper piece of volunteer evidence, and now in justice felt that he should contradict that statement.
Mr Justice said—Upon my oath I was sober on that day as I am this minute. I had only one drink that day.
Mr Julian—That extremely young constable had no right to volunteer such a statement.
The bench then retired, and on resuming, Mr Gallwey said—We have given this case the greatest consideration, being a matter affecting the character of one of our bench, as well as a very respectable publican in the neighbourhood. Though we consider there are very grave doubts in the case, we are bound to give the defendant the benefit of the doubt ; we must dismiss the case on this ground. I think I will express the opinion of my brother magistrates by saying that it was very injudicious to go into a public house on a Sunday and leave people under the impression that there was a transgression of the law. We had very great difficulty in deciding a case of this kind.
The court was adjourned.
The Cork Examiner, 2 June 1881
The Cork Examiner, 7 June 1881
The Cork Examiner, 10 June 1881
MELANCHOLY SUDDEN DEATH.
|Killarney, Sunday Evening.|
|It is with sincere regret I announce the sad and sudden death of Mr John Coffey, an extensive and respectable victualler, which took place at his residence in High-street at three o'clock yesterday evening. The deceased appeared in the enjoyment of his usual health, and was engaged in superintending the transaction of his business during the day. The Rev. James Counihan, C.C., was quickly on the spot, and administered to the deceased the last rites of the Church. The lamented deceased, whose untimely end has created a pang of sorrow throughout the town, enjoyed the respect and esteem of all who knew him, or had any connection with him either in his business capacity or in private intercourse. He was a good husband and a kind father, a man of the highest order of integrity, and of the most kindly disposition to his fellow-townsmen. This feeling was fully testified by the large and respected number of friends who bore his remains to the Cathedral for interment the previous evening. At one o'clock a solemn requiem for the deceased was celebrated in the Cathedral. The officiating clergymen were the Rev. James Counihan, high priest ; Father M'Carthy, deacon ; Father Dillon, sub-deacon. At the conclusion of the ceremonies the cortege, which comprised every class in the local community, accompanied the remains to their final resting-place at Aghadoe, where the last absolutions were pronounced by the Rev. Father M'Carthy, Adm., assisted by the Rev. Canon Coffey, Rev. James Counihan, Father Dillon, Father Griffin, Tralee, and Father Fuller, Kilcummeen. The coffin, which bore splendidly wrought immortelles, was deposited amidst the sad manifestations of a sorrowing crowd. The deceased, who was aged 54 years, died of a relapse of congestion of the lungs. R.I.P.|
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