THE connaught journal
Galway, Monday, DECEMBER 1, 1823

PROVINCIAL INTELLIGENCE

     LIMERICK, Nov. 22- On Wednesday night a stack of hay was set on fire in Sir Wm. Reade's haggard, at Tomgrany, and consumed; a quantity of corn would have met a similar fate but for the timely assistance and exertions of the Police and Military stationed in that village. The haggard is close to the road, and the hay consumed was not far detached from a much larger quantity ricked in the same place. Captain Drought and the other Magistrates are to assemble this day in Tomgrany to investigate the matter.
     On Friday night last, two cows were stolen from a man named Shanahan, a smith, residing in the parish of Killeedy, in this county. After three days and nights unsuccessful efforts, the thief whose name is Crimin, was detected on Tuesday night by the Police in a butcher's house in Dromcollahher, waiting for the price of the cow, which the butcher was then in the act of killing and dressing; the other cow has also been discovered in a glen convenient, and the prisoner committed to Newcastle bridewell.
     Nov. 26- On Thursday night last, three large ricks of hay and two stacks of oats, the property of a farmer named Cornelius Curtain, were maliciously set on fire and consumed, on the lands of Gortnaskehy, a mountain farm beyond Newcastle. The only reason that can be assigned for such a wanton outrage, is Curtains having given corroborating testimony on the trial for the brutal murder of Thomas Hoskins, Esq., at the Assizes of Limerick in 1822, for which he had been often threatened with injury.
     The ears of two horses were cropped quite close to the head, on Friday night last, near PallasKenry, the property of a man named Downes.
     John Luther, of Clonmel, Esq., had been appointed a Master Extraordinary in Chancery, and Commissioner of the Courts of King's Bench, Common Pleas and Eschequer, for taking affidavits in the County of Tipperary.

CASTLEBAR, Nov. 24- On Sunday night, the walls of the Pound of Knockegan, near Ballina, were broken down, and the cattle were liberated. On Monday night, a gang attacked the house and a herd of Mr. Bourns, of Castleconnor, whom they beat desperately. One of the fellows asked the leader whether they should finish him, but he desired to have him spared for that time.
     On Wednesday night, the house of a man at Cloonishlane was attacked, but he and his two sons defended themselves with grapes and pitchforks, and prevented the ruffians from entering.
     Colonel Cuffe is very active, and scours the country almost every night at the head of a party of the Ballina Armed Association. He, and the other Gentlemen of Tyrawley, will, we trust, soon accomplish their object of bringing back that district to a state of good order.

ARREST OF A GRAND JUROR

     Cork, Nov. 26- A circumstance occurred on Monday last, which from its novelty in this part of the world, the delicate nature of the case, and the respectability of the parties concerned, has been the chief topic of conversation in this city.- The facts as we have been credibly informed, are these: - At the usual hour for attendance, Mr. Sheriff Lawe was proceeding to the Court, when at the door, he was accosted by Mr. Wm. Gregg, Attorney, who informed him, "that the Grand Jury were desirous for his attendance and that they were waiting for him." Sheriff Lawe immediately hurried to the Jury room, accompanied by Mr. Gregg, and knocked at the door, at which that Gentleman put a Writ into the Sheriff's hand, and said that it was against Mr. William Beare, who was in that room, and insisted that he should immediately be arrested. On the instant the door was opened by one of the Gentlemen inside, and Mr. Gregg endeavoured to force in, but the door with much difficulty was closed against him by the Gentlemen inside.
     Mr. Gregg then with much warmth addressed the Sheriff, and said he would hold him responsible for the amount of the Writ, and again knocked loudly at the door. Sheriff Lawe replied that he was not aware of William Beare being inside, not having seen him. The door was again opened, on which Mr. Gregg pushed in and exclaimed, "I'll show him to you, Sir; there is Mr. Beare, Sir; do your duty, sir; otherwise Mr. Sheriff I hold you responsible.
     Mr. William Beare then rose up and addressed himself to the Foreman, required his permission to leave the room, to which assent was given; the Foreman observing, that "he should proceed with the Sheriff." Mr. Beare then retired with the Sheriff, and entered the required bail. Mr. Beare, who is very young, is son of Colonel Beare.
     At the opening of the Court, William P. White, Esq. the Foreman of the Grand Jury, having spoken privately with the Recorder, his Worship addressed Mr. Gregg, Attorney, on the above subject, and stated, that it had just been communicated to him, that a member of the Grand Jury had been arrested in their room, on an action in a cause in which he, Mr. Gregg, was acting as Agent. This, Mr. Gregg must know, was illegal, and the gentleman must therefore be discharged.
     Mr. Gregg undertook to show the Recorder, that the arrest was not illegal; that the protection for a Grand Juror, to which the Recorder alluded, did not operate in the present case, as the Grand Jury had not at the time entered upon their business.
    The Recorder declared that he would hear nothing further on the subject; taht the Gentleman must be immediately liberated. With respect to the protection for Grand Jurors, the Charter and Constitutional Law was clear, that they had a right to perfect freedom of person, which nothing should interrupt, even on their way from their residence to the Court; and if such protection were not supported in the most uninterrupted manner, what would be more easy than to overturn the whole course of Judicial Law of the country, by procuring, on any urgent occasion, a sufficient number of hardy persons, to issue similar actions against a sufficient number of Grand Jurors, and thus, by removing them, prevent any trial from proceeding which there may be an object in preventing? On the whole view of the case, the Recorder repeated his advice, that the Gentleman should be immediately liberated, which, after some objections by Mr. Gregg, was done in the manner stated.

     On Thursday night last, the incendiaries set fire to a large quantity of corn on the lands of Grange, near Buttevant, the property of R. Rogers, Esq., which was totally consumed.
     A few evenings since, on the lands of Leeds, near Macroom, the residence of Francis Woodley, Esq. some of those inhuman wretches tied the tails of a bullock and cow of his together, and left them in that state during the entire night. A novel mode of resenting their spleen against a Gentleman, by the annoyance of his cattle.
     Monday morning a meeting took place near Innishannon, between J.F. Downey, Esq. of Ballinadee, and Edward Gillman, Esq. of Rockhouse. After the parties had exchanged one shot, the friends successfully interfered, and the business was amicably adjusted.

DEATH OF THE REV. MR. O'CALLAGHAN, P.P. OF BRAY

     On Tuesday, the 18th inst., aged 68 years, the Rev. Christopher O'Callaghan, P.P. of Bray. For the period of 32 years he governed the parish of Bray, blending the manners of the Gentleman and the scholar with the rigid principles of the Gospel. Endowed with intellect of an ordinary description, his society was sought after, yet he declined the smiles and caresses of the worldly great- he had passed this vale, but his virtues live after him. In order to form a just estimate of his moral worth, and the veneration in which he was held by persons of every class, we need but call the attention of the reader to the high respect paid to his remains on the day of his interment. At half-past eleven o'clock, a number of respectable Clergymen from the city and county of Dublin, assembled to perform the last offices of religion. High Mass was chanted by Dr. Lube, attended by Deacon and Sub-Deacon. Immediately after, the line of procession was formed in the following order:-
          Children of the Charity Schools,
     The Body, carried on Men's shoulders.
                 Clergy and Mourners,
And about four hundred Persons, Catholic and Protestant, wearing scarfs and bands.
     The hearse and coaches close the Procession.

It was a day of mourning- all the shops in town were closed. The procession moved from Bray about two o'clock-the concourse was immense. The Earl of Meath, and his son, Lord Ardee, was observed mingled with the crowd. At the foot of the hill leading to the Chapel, the Clergy commenced the De Profundis, and were answered by the crowd. Here the Noble Earl appeared with his head uncovered- illustrious by birth, he is still more illustrious by his virtues- this difference of religion caused no uncharitable feeling towards his fellow-christians at the grave.
     The writer of the above tribute to departed excellence cannot conclude without noticing the conduct, on this melancholy occasion, of Mr. Quin, of Bray. The doors of this splendid establishment were thrown open to the Clergy, and a number of respectable Gentlemen, with that kind of hospitality illustrative of Irish character; about fifty sat down to dinner- Catholics and Protestants were mingled together. What a delightful sight-no discord-no disunion. A number of appropriate sentiments were given by the Rev. Mr. Quin. The Rev. Mr. Lube rose, and in dignified and energetic language expressed his approbation at the conduct of Mr. Quin. The memory of the deceased being proposed, his relative the Rev. Mr. Holmes, delivered his sentiments feelingly and impressively. The Rev. Mr. Keane congratulated his fellow-countrymen on the appearance of so many respectable Protestants, assembled to pay respect to a Catholic Pastor. His words produced a lively feeling- a Protestant Gentleman present instantly took him by the hand, and expressed his hearty concurrence in the justice of his observations. The Catholic Priests, he said, and their Protestant neighbours, in order to love, only want to know each other.

BIRTHS

     At Martin Crescent, the Lady of Henry Loyghnan, Esq. of a son and heir.
     Last week, in the parish of Clonnegad, in the Co. of Clare, Bridget Darcy, aged sixty years, was safely delivered of twins, a boy and girl, who, with the mother, is likely to do well.

MARRIAGES

     At Ballinrobe, Tomas Richards, Esq, to Mrs. Browne, widow of George Browne, Esq. of Brownestown, county Mayo.
     At Belfast, Cosslett Waddell, Esq. of Newforge, to Catherine, eldest daughter of G. Lantry, Esq. of Fort William.
     The Rev. William Wanhope, of Ballimena to Jane, oldest daughter of William Adams, Esq. of Randalstown.
     T. Scott, Esq. of Hillsboro, county of Londonderry, to Hanah, widow of John Campbell, Esq. of Dublin.
     On the 18th instant, in St. Ann's Church, Dublin, by the Hon. and Rev. John Pomeroy, John Jackson, Esq. to Louisa, third daughter of Alderman Sir Wm. Stamer, of Dawson-street.
     At his brother's, Colonel Aitcheson, Auditor-General, George B. Aitchison, Esq. to Anne Eliza Isabella Trotter Ruthven of the late J.T. Ruthven, Esq., County of Down.

PRIVILEGE OF SUITORS FROM ARREST
ROLLS COURT, DUBLIN, NOV. 23
Richard Radford Rowe, v. Daniel Ashford.

     The plaintiff in this cause, who is a Barrister at Law, having been arrested by the Sheriffs of the City of Dublin, at the suit of one Patrick Murray, for upwards of 200l., applied this day to his Honor the Master of the Rolls, to be discharged from custody. This motion was grounded on an affidavit of the said Rowe; stating, that having received notice in the above cause, of a motion on the part of the Defendant, to be made in this Court, he was actually, in the day of his arrest, engaged in making an affidavit to oppose said motion; that having gone to the King's Bench Office to purchase a Chancery Affidavit Stamp, to engross said Affidavit, he was informed there was no such sold there; that he went thereupon to the corner of Church-street, when Deponent was informed such Stamps were sold by one Stewart, and which place he swore, he believed, was the nearest to purchase same; but was also disappointed; whereupon Plaintiff was proceeding to cross the New Bridge, at Church-street, in order to purchase said Chancery Affidavit Stamp, and was arrested by the said Bailiffs.
     The Defendant, Daniel Ashford, having been informed of the arrest, caused two detainers, to the amount of near 40l. to be laid upon the said Rowe, being the amount of two taxed bills of costs of two motions, in which he got costs against said Rowe; said Patrick Murray, who caused the arrest, did not oppose said motion; but the Defendant, Daniel Ashford, showed cause against his discharge.
     Mr. Blackburn and Mr. Warren, of Counsel with the Defendant, Rowe, urged that Mr. Rowe had not had a privilege to go from place to place, in order to purchase and affidavit stamp, which he might have got at the corner of Charles-street, and which he, said Rowe, must well know was the nearest place to get same; and the said Rowe did not state in his affidavit what particular place he was about to proceed to, in order to purchase said affidavit stamp, when arrested going over Church-street Bridge; and that it was the business of his (Rowe's) Solicitor in the cause, to get ready and prepare said affidavit.
     Mr. Crampton and Mr. Bennett, of Counsel with said Rowe, urged that he as the plaintiff had the privilege of going to whatever place he thought fit to purchase said affidavit stamp.
     The Master of the Rolls, after a long discussion, held that Mr. Rowe had the privilege of prosecuting his cause without interruption, and ordered Mr. Rowe to be liberated accordingly, but gave no costs on either side.

NOTICE

In an Action or Suit, raised and insisted in before the Consistorial or Commissary Court of Scotland, at the instance of Henry Martin Blake, Esq of Windfield, in the County of Galway, Ireland, presently resided in the City of Edinburgh, against Anastatia Gossen, for dissolving his marriage with her, contracted in Scotland, on the ground of the Lady's unchastity. The Judges of the said Court, after a deliberate trial, and proof had in their presence, on the 24th ultimo, pronounced judgment- finding her guilty accordingly, and therefore divorcing and separating her from the said Henry Martin Blake, his society, fellowship, and company, in all time coming- and finding that the said Anastatia Gossen had forfeited all the rights of a wife, and that the said Henry Martin Blake is entitled to all his rights and either to live single or marry again, the same as if he never had been married to the said Anastatia Gossen, or as if she were naturally dead.
December 1, 1823.

ENNIS, Nov. 27- Yesterday, the Ennis Yeomanry were inspected by Brigade Major Corker, who seemed highly pleased with their clean and soldier-like appearance.
     A Meeting of the Magistrates took place on Saturday last, at Tomgreany, to investigate respecting the burning of Sir Wm. Reade's hay. Nothing was elicited to lead to a discovery, but the Magistrates have offered large rewards for information.
     Corneilus Kelliher, Jas. and Denis M'Namara, convicted at the last Special Sessions of Six-mile-Bridge, for attacking Mr. Finch's herdsmen, at Cragoe, were yesterday morning sent from Limerick to the hulk at Cove. The Viceregal clemency has, as we understand, been extended to John Lacy and Patrick Lynch, who were also concerned; in the former, for his humane conduct in preserving the life of one of the herdsmen from the fury of the assailants, and to the latter in consideration of his youth.
     Honora Dundon, Bridget Dundon, alias O'Brien, and Catherine Dundon, were committed to the jail of this town, a few days since, charged with murdering the child of said Catherine.
     On Monday, Mr. James Clarke, Officer of Excise, accompanied by Lieut. Foster, and a detachment of the 4th Revenue Corp, seized at Catlura, twelve large sacks of malt, together with a quantity of illicit spirits, which were lodged in the King's stores there. They also made 5 prisoners.

CARRICK-ON-SUIR, Nov. 21-About midnight on Wednesday, the pretty little cottage in the garden of the Rev. S. O'Grady, in which he usually sits in the morning, was discovered to be on fire. While we regret that the fire was evidently malicious, we have the satisfaction to know, that the conduct of his poor neighbours exceeds all praise; by their exertions, the fire was got under in about ten minutes after it was observed. The lighted turf which was thrust into a corner of the thatch could not have been there many minutes before the alarm was given, as so little damage was done as to be perfectly repaired in three or four hours yesterday. The object of the incendiary, as guessed at, was to consume the informations taken by the Gentleman as a Magistrate, which were supposed to be kept in the cottage. When the danger was over, they who had started from their beds to assist, obstinately refused all remuneration for their trouble- at last they were prevailed on to take it, but to Mr. Grady's surprise, he was no sooner down stairs yesterday morning, than they came in a body to return it- declaring that they only took it the night before, that his Reverence might go to bed, as he seemed inclined to stay all night arguing the point with them. Who, after this, will say that the lower orders of Irish are incapable of attachment or disinterestedness."

MELANCHOLY ACCIDENT

     On Thursday, the 20th inst., a Drover from the County of Longford, came with a drove of pigs to the house of James Johnston, who keeps a slaughter house near Portadown, in the County of Armagh, and stopped to get the pigs killed. About seven o'clock in the evening, the Drover went out of Johnston's house to the yard, and was in a sitting posture when he was seen by a daughter of Johnston's, who, in the dark, mistaking him for a dog, went into the house and told a servant boy to come out and shoot the dog. The boy did come out, and fired, and, melancholy to relate, killed the ill-fated man. An investigation of the business was immediately had before Curran Woodhouse, Esq. a Magistrate at Portadown, and an inquest was also held, when it appeared that Johnston had been much annoyed by dogs coming about his yard, and that he paid his boy five-pence a day for killing them. The verdict of the Jury was, that the deceased died of a gun-shot wound, received from Edward Collins, who fired at him, mistaking him for a dog.

ORANGEISM

     [From the Dublin Evening Post]

     We understand that the Orange Association, about which so much has been written and said, has adopted a new system of rules and regulations, arranged by the Grand Lodge of Ireland, assembled in Dublin on the 14th of August, 1823. To these rules they have prefixed a short declaration, and a copy of the oaths of allegiance supremacy, and abjuration. It appears, that according to the new rules, no other oaths are to be taken by the members of this Association, nor any secret to be kept, except the passwords by which they are to be known to one another, as members of the same body. We subjoin the declaration and the oaths, which are, it seems to be taken before magistrates, and not privately administered. The present officers of the Grand Lodge of Ireland, are as follows:
     Grand Master- The Right Hon. Charels Henry St. John, Earl O'Neil, K.S.P. &c.
     Deputy Grand Master- Colonel William Blacker.
     Grand Treasurer-Sir Abraham Bradley King, Bart.
     Deputy Grand Secretary-Daniel Frederick Ryan, Esq., Barrister.
     Deputy Grand Treasurer-William Stoker, Esq.
     Grand Chaplain-The Rev. John Graham, A.M.
     Assistant Grand Chaplains-The Rev. Sir Harcourt Lees, Baronet; the Rev. John I. Beresford, A.B.; the Rev. Samuel H. Stewart, A.B.;

DECLARATION

     This association is formed by persons, desiring to the utmost of their power, to support and defend his Majesty King George the Fourth, the Constitution and Laws of this Country, and the succession to the throne in his Majesty's illustrious house, being Protestant, for the defence of their persons and property, and for the maintenance of the peace of the country; and for these purposes the members hold themselves obliged, when lawfully called upon, to be at all times ready to assist the civil and military powers, in the just and lawful discharge of their duty. They associate also in honor of King William the Third, Prince of Orange; whose name they bear, whose Glorious Memory they hold in reverence, and whose Illustrious Deeds they annually commemorate, tending as they did in the restoration of the Civil and Religious Liberty, and of the pure form of Religion established in these Realms.
     This is, exclusively, a Protestant Association; yet, detesting an intolerant spirit, it admits no person into its brotherhood who are not well known to be incapable of persecuting, injuring or upbraiding any one on account of his religious opinions; not that their principle is, to aid and assist every loyal subject, of every religious description, by protecting him from violence and oppression.

QUALIFICATIONS REQUISITE FOR AN ORANGEMAN

     He should have a sincere love and veneration for his Almighty Maker, [cannot read two lines]; a firm and steadfast faith in the Saviour of the world, convinced that he is the only mediator between a sinful creature and an offended Creator. His disposition should be humane and compassionate, and his behaviour kind and conciliatory. He should be an enemy to savage brutality and christian cruelty; a lover of rational and improving society; faithfully regarding the Protestant religion, and sincerely desiring to propagate its precepts; zealous in promoting the honor, happiness, and prosperity of his King & Country; heartily desirous of victory and success in those pursuits, yet convinced that God alone can grant them. He should have an hatred of cursing and swearing, and taking the name of God in vain; and he should use all opportunities of discouraging these shameful practices among his brethren- Wisdom and prudence should guide his action-temperance and sobriety, honesty and integrity, direct his conduct; and the honor and glory of his King and Country be the motives of his endeavours.

OATH OF ALLEGIANCE

     I _____ do sincerely promise and swear, that I will be faithful, and bear true allegiance, to his Majesty, King George. So help me God.

OATH OF SUPREMACY

    I _____ do swear, that I do from my heard abhor, detest, and abjure, as impious and heretical, and damnable doctrine and imposition, that Princes excommunicated or deprived by the Pope, or any authority of the See of Rome, may be deposed or murdered by their subjects, or by any other person whatsoever; and I do declare, that no foreign Prince, Person, Prelate, State or Potentate, hath or ought to have any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realm. So help me God.

OATH OF ABJURATION

     I ____ do truly and sincerely acknowledge, profess, testify, and declare, in my conscience, before God and the world, that our Sovereign Lord King George the Fourth, is lawful and rightful King of the Realm, and all others his Majesty's dominions and countries thereunto belonging. And I do solemnly and sincerely declare, that I do believe in my conscience, that not any of the descendants of the persons who pretend to be Prince of Wales during the life of the late King James the Second, and since his decease pretended to be, and took upon himself the style and title of King of England, by the name of James the Third, or of Scotland, by the name of James the Eighth, or the style and title of King of Great Britain, hath any right or title whatsoever to the Crown of his Realm, or any other the dominions thereunto belonging; and I do renounce, refuse and abjure, any allegiance for obedience to any of them. And I do swear, that I will  bear faithful and true allegiance to his Majesty King George the Fourth, and him will defend, to the utmost of my power, against all traitorous conspiracies, and attempts whatsoever,  which shall be made against his person, crown or dignity. And I will do my utmost endeavour to disclose and make known to his Majesty, and his successors, all treasons and traitorous conspiracies which I shall know to be against him or any of them. And I do faithfully promise, to the utmost of my power, to support, maintain, and defend the succession of the Crown against the descendants of the said James, and against all other persons whatsoever; which, succession, by an Act, entitled, "An Act for the further limitation of the Crown, and better securing the rights and liberties of the subject, "is, and stands limited to the princess Sophia, Electress and Duchess Dowager of Hanover, and the heirs of her body, being Protestants. And all these things I do plainly and sincerely acknowledge and swear, according to these express words by me spoken, and according to the plain commons sense & understanding of the same words, without any equivocation, mental evasion, or secret reservation, whatsoever. And I do make this recognition, acknowledgement, abjuration, renunciation, and promise, heartily, willingly, and truly, upon the true faith of a Christian.- So help me God.

DEATHS

     On the 18th instant, at Old Castle, his residence, in the County Mayo, of an abscess in the liver, Edward Bullingbrook, Esq. in the 43d year of his age, most sincerely and deservedly regretted.
     At Hatley, County of Leitrim, on the 9th instant, the Rev. N. Whitelaw.
     On the 11th instant, at Revenworth Castle, County of Durham, the Hon. Frances Jane Liddell, second daughter of Lord Ravensworth.
     At Ballymorris, county Clare, much regretted, Mr. Michael Ryan.
     In Camden-street, Dublin, sincerely regretted by his friends, Mr. Charles Denn, only son of Andrew Denn, Esq.
     In Upper Dominick-street, Dublin, Miss Elizabeth Gibson, in her 23d year, much and deservedly regretted.
     In Caher, Mrs. Power, relict of Jeffrey Power, Esq. of Carrick-on-Suir.
     At Clifton, Lady Sullivan, relict of the late Sir Benjamin Sullivan.
     At Kingstown, Mrs. O'Ryan, relict of the late Anthony O'Ryan, Esq. M.D. of Sackville street, Dublin.
     In Chamber-street, Dublin, Mr. William Burke, for many years wool-stapler to the Farming Society of Ireland.
     At Downpatrick, Margaret, wife of William Beckett ,Esq.
     At Clonnagn House, near Portadown, the seat of his son-in-law, in the 83d year of his age, Joseph Wright, Esq. one of the oldest inhabitants of the town of Newry.
     At Rathmines, of a long illness, aged 14 years, Belinda, youngest daughter of Mr. Small, Mount-street, Dublin.
     On the Terrace, Cork, of a fever, Ephraim Adams, Esq.
     In Carlow, James Charles Stark, Esq. late of King's Dragoon Guards.
     Aged 74, Mrs. Hunt, relict of the late Ed. Hunt, Esq. of Kilkenny.
     Mrs. Ashton, relict of the late William Ashton, of Domeraile, Esq.

THE ARMY

     Dublin, Nov. 27.
     Yesterday, the 10th Hussars were reviewed in the Phoenix Park, by the Marquis of Londonderry, the Colonel-in-Chief of that fine Regiment. The Marchioness of Londonderry, clad in a superb blue riding habit, wearing the military pelisse, the same as worn by the Officers, rich embroidered with gold lace, and a hussar fur cap, rode at the head of the regiment, between the Noble Marquis, her husband, and Colonel Quintin, Lieut.-Colonel of the Regiment. Her Ladyship was mounted on a white charger, and one of her pages, in a handsome green uniform, rode close behind her. On arrival at the Park, the Regiment drew up in line in front of the Vice-regal Lodge, and the Lord Lieutenant having appeared, the Regiment saluted his Excellency, amid the general cheering of an immense concourse of persons. The review took place in the Fifteen Acres. Sir Colquhoun Grant was present. The Marchioness excited the greatest admiration as she passed and repassed through the city.
     There was a great number of equipages on the ground, and the day proved highly favourable.

THE connaught journal
Galway, Monday, DECEMBER 8, 1823

PROVINCIAL INTELLIGENCE

     LIMERICK, Dec. 3- On Sunday night, the Rev. Edward Geraghty, attended by a party of the 10th Regiment, and the Police, at Newcastle, proceeded to the Parish of Killeedy, where they apprehended several persons, charged with being concerned in the plunder and burning of his Glebe house, in March, 1821; it is a curious but undoubted fact, that the principal actors in the burning and devastation of Mr. Geraghty's property, were individuals particularly connected with his domestic concerns, and in whom he placed the greatest confidence.
     Mr. Rose, the proprietor of the Castle-Matrix flour mills, near Rathkeale, who prosecuted these men, one of whom was hanged, for a burglary and robbery in his house, during the late disturbances, having lately parted with his miller, a man named O'Dwyer, and intending to employ another in his place, received the following "Rock Notice" thro' Rathkeale Post-office:-
                     "Rathkeale, Nov. 28, 1823.
     "
Rose you are directed by the Manegrs and Supplymentary Corps of this Towne to continue your honest Miller, Mr. O'Dwyer, as he has been always pleasing to all the Neighbours, if not you will make the consequence.
     "N.B.:- We want no vagabond strangers among us, &c. &c. Yours &c. &c. &c.
                "A.S.D.C.E.M.L.T.R.
"R. Rose, Esq. Castle Matrix Mills, Rathkeale."

SHOOTING THE M'DARBY'S

    Messrs. M'Donough and Forbes have been committed to Maryborough Gaol under the Coroner's warrant, for the "murder" of the two M'Darby's.
KILKENNY, Dec. 3- About six o'clock on Sunday evening, Mr. John Whelan, Steward to Sir Wheeler Cuffe, Bart. was fired at by some ruffians, near Lyrath, within the Liberties of this City, and severely wounded in the arm and haunch. The Gatekeeper heard the shots, and even the groans of the wounded man, but, most unaccountably, did not communicate the fact to his Master until four o'clock in the morning. One person charged with the offence was rescued by Sir Wheeler's servants, and there are other mysterious circumstances connected with this melancholy affair which we trust the Magistrates will be able to develope. One of Sir Wheeler's workmen, of the name of Lahan, has been identified by Whelan as the person who fired the second shot, and he is fully committed for trial. Two other men were arrested on suspicion of having been accessaries [sic] , but they have since been discharged.

NOTICE

THE SEVERAL PERSONS INDEBTED TO THE LATE FIRM OF THE
Newcastle Brewery

Are respectfully informed that Mr. Blakeney, the Solicitor for said Firm, has peremptory instructions to proceed for the recovery of all the outstanding Debts, if not immediately paid.
Galway, 8th Dec. 1823

DUBLIN-DECEMBER 6.

     The Lord Bishop of Kildare has been pleased to collate the Reverend Thos. Edward Bell, A.M. to the Living of Kilrenny, in his Lordship's Diocess.
     In the severe gale of Wednesday night, at Kingstown, four vessels drove against the pier, and sunk- another sunk at anchor, in the harbour.- Others drove to sea.
     The Government of Buenos Ayres have entered into a contract for the conveyance to that State of 200 Irish labourers, of the description usually called navigators, for the purpose of cutting a canal from Ensenada to the city of Buenos Ayres, and these colonists are now assembled, and waiting to embark at Liverpool. They bind themselves to serve the Government for seven years, for which they receive a certain consideration, and at the expiration of that time a certain quantity of land is alloted to each.
     It is stated that the ports of Tralee and Kilrush, with their dependencies, are to be united to the port of Limerick, and to be placed under one collection.
     The new Church at Lucan is to be consecrated to-morrow. The Consecration Sermon will be preached by the Archbishop of Dublin.
     M. Mansion, one of the most esteemed miniature painters in Paris, has just married Miss Brien, a pretty and wealthy Irish lass, who had rejected several splendid offers. She consented to marry M. Mansion on the express condition that he should continue to exercise the art which had gained him so much renown. The wedding took place at the English Ambassador's in the presence of Sir John Burke, &c.

ELECTION OF A VICAR CAPITULAR FOR THE UNITED DIOCESS OF KILMACDUAGH & KILFENORA.

     An election for the above purpose took place on the 2d instant, when the Rev. James Duffy, P.P. of Craughwell and Ballymena, was selected for the important trust. The Reverend Gentleman could not have possibly voted into the situation a person more deserving of the honour, or possessing more suitable ability for the discharge of the duties attached to it.

Elastic Water-proof Hat
 WARE-HOUSE.
MAIN-GUARD, GALWAY.

P.SMYTH
(Of CROSS-STREET)

Returns his sincere thanks to his Friends and the Public, for the preference he has received since his commencement in Business-informs them he has Opened a New Establishment for FINE HATS, and has lately returned from Dublin, where he selected from the best Manufacturers the following Goods:
GENTLEMEN'S PATENT SILK ELASTIC WATER- PROOF;
GENTLEMEN'S BEAVER ELASTIC WATER-PROOF, (warranted not to spot with rain)- with a large assortment of other qualities;
BOYS and CHILDREN'S ditto;
A variety of Boys' and Children's CLOTH CAPS, of the newest fashion.
TERMS CASH-NO SECOND PRICE.
Galway, Dec 4, 1823

THE connaught journal
Galway, Thursday, DECEMBER 11, 1823

DIED

     In Upper Dominick-street, Galway, on the 9th inst., Mrs. White, wife of John White, Esq.- as a wife, a mother, or friend, she has been seldom equalled.
     In Middle-st., at an advanced age, Miss Sherwood.

MARRIED

On Friday, the 28th ult. M. Staunton, Esq Proprietor and Editor of the Herald and Register newspapers, to Miss A Overend, of Castlemacadam, Co. Wicklow, and niece to the late Stuart King, Esq. of Rutland-square, Master in Chancery.

TOLLS, CUSTOMS, AND CRANAGE

     We copy the annexed Opinion of Counsellor Finlay, from the Dublin Weekly Register, of September 18, 1819, and at this period it must prove highly interesting to the public here. Counsellor Finlay's reputation as an opinion in such matters is well known, and though given for another place, of course the general law as stated equally affects and governs the Tolls of Galway.

A CASE

     On behalf of Dealers, Farmers and others frequenting the Fairs and Markets of Castleblayney, in the County of Monaghan, and the adjacent Fairs and Markets.
     For the advice & directions of John Finlay, Esq.
     Counsellor Finlay has herewith a Copy of the Schedule of the Tolls of Castleblayney, and also has all the Acts of Parliament in force in Ireland, respecting Tolls and Customs, & also respecting the charges for Weighing or Cranage, and his attention is requested to the last Act of Parliament, 57 G. 3, c 108, on the subject of Tolls.
     Formerly there were but four Fairs in the year held at Castleblayney, in the County of Monaghan, but about seven or eight ago they were altered to Montly Fairs, which are now held upon the first Wednesday in each month.
     At this Market very considerable exactions are made upon the people frequenting it, for Cranage, Tolls and Customs, upon the Goods, and also for Standings in the Fair and Market, and also for liberty to stand in the Market, and expose their Goods for sale-nor is the amount demanded from them the greatest part of their grievance, the insolent and brutal conduct of the toll collectors, which they seem to think themselves perfectly justifiable in using towards every person who shall refuse to comply with their exorbitant and often undefined demands, is as highly harrassing and irritating to the public, as it is discreditable to those Magistrates who know of and yet  refuse to put an end to the abuse.
     On the 11th of August instant, being the fair day of Castleblayney, as Joseph Temple, (one of the Querists) was going to the fair, he was stopped by three or four toll collectors, who prevented him from going into it-they forcibly kept hold of his horse's head, and pulling him to the side of the road, dragged the horse into the ditch, to the great danger of injuring the horse and breaking the cart-these collectors at the same time holding up their sticks in a threatening manner and offering to strike him for resisting. Some gentlemen coming up interfered, whereupon the tollmen forced Mr. Temple, his cart and horse, up to the office of Mr. Bellingham, Lord Blayney's Agent. Mr. Bellingham did not appear, but sent out some word to the collectors, whereupon they let him and the cart go, without paying any toll, and never came near him during the whole fair.
     This is one instance of a number of similar cases wherein Mr. Temple has been delayed, threatened, hi horse dragged about and beaten, and himself actually struck by the tollmen with their sticks for refusing to pay toll both in this and several adjoining fairs, where he has been actually assaulted by the tollmen. He was disposed to proceed against them by indictment, but that he understood it to have been laid down as a rule of law and so acted upon the Recorder of the city of Dublin, and the several county Barristers, that they would not entertain the question of assault until the right was decided at law. Under this impression Mr. Temple and the other querists have not lodged examinations against the tollmen.
     Counsellor Finlay, however, is referred to the case lately decided at the Monaghan Quarter Sessions for July, 1819, wherein Mr. Pinching was prosecuted by James Slevin, the toll-collector, for an assault in resisting a demand of toll. In that case Mr. Pinching required the prosecutor to shew his right to the toll; that the only question was, whether the assault had been committed or not.
     Counsellor Finaly has a correct report of the trial herewith sent to him, from which it clearly appears that Mr. Pinching did not make use of any unnecessary violence: so that, under the authority of this case, the tollmen, who thus commit an assault in endeavouring to enforce toll are liable to be prosecuted even although the tollmen should be entitled to the toll. This appears extraordinary, to the general supposed principles of law, which were always understood to be that a man might resist with all necessary force, any illegal demand, particularly a demand for money.
     Quere 1st- Is toll payable on loads of wooden ware, or other goods coming into the fair or market, and before the sale?
     Answer- There are two sorts of tolls-toll in market and toll thorough; both are grantable and duly grantable for corresponding benefits to the subject.- The consideration for the first was the accommodation of the market; the consideration for the latter was murage paviage; the latter was chiefly confined to fortified towns, and was formerly a reasonable tax for the necessary service of making and keeping in repair the streets, bridges and fortifications; but when the disuse of fortifications, Corporations became exonerated from the expense of maintaining them; and when paviage and pontage were supported not by municipal bodies, but parliamentary grants, the exaction of this tax became a nuisance to the  nation, which frequently called forth the denunciation of Parliament, and eventually produced the statute of Ann 4th, e.8, by which toll thorough has been almost entirely extinguished. For these reasons, it is my opinion that no claim for toll thorough, that is for toll coming through the town, can be legal against the inhabitants of Castleblayney, or any of the towns adjacent.
     With respect to Toll in market, that cannot be legally demandable on any article out of the market, or from the seller, or before the sale; wares are particularly exempted from Toll.
     Quere 2nd- Is Toll payable for churns, cans, piggins, noggins &c., when going out of fairs, after being bought for private use?
     There is no authority in Viner, that no toll is payable, by any person, for things bought for his own private use.
     Quere 3d- Are they entitled to toll from brogue makers, exposing their goods for sale, or for provisions, wares, &c. when exposed for sale on tables, carts, &c.?
     Answer- They are not entitled to toll from brogue makers for exposing their good for sale, nor for provisions or wares for sale  upon tables or carts.
     Quere 4th- Are potatoes article upon which toll is grantable, or eggs, herrings, chickens, hens or geese?
     Answer- Potatoes, eggs, herrings, chickens, hens and geese, being provisions, are not tollable.
     Quere 5th- After a former grant of tolls, can these tolls be encreased, or new tolls granted by any subsequent charter, without some proportionable benefit to the subject? 2 Inst. 220
     Answer- Fairs and markets may be granted with out toll; for toll, when fairs and markets are granted there must be a special grant; and after a fair or market is granted, the toll cannot be granted without some proportionable benefit arising to the subject.

    

     Quere 6th- What is the highest toll that can be charged upon cattle, at any fair or market, and can such toll be charged upon cattle before they are sold, (4 Ann c.8, a.3) and as such had been the custom for a great length of time in many fairs and markets in Ireland, does such length of time create a custom authorising the owners of such fairs and markets to charge the toll on the cattle coming in before the sale thereof, notwithstanding said Act of 4 Ann, c.8. And in case toll be not payable before sale, what redress has the owner when illegally charged with toll, and how is it to be procured?
     Answer- Any thing above any item expressed in any ancient Schedule must be an illegal demand, because every such Schedule is evidence of the Schedule annexed to the original grant, and good evidence against the grantee, whom the law will not presume as likely to diminish his own original demand, and to whom the law does not give a right to increase it.- No toll cane be demandable upon cattle going into market for sale; the Statue of Ann forbids all demand on unsold cattle going into, or going out of any market. No charter nor customs- nor presumed common law- nor all together, can contravene this necessary and specific enactment. I know it has been a long and general custom to make such demand of toll as stated in this case, on cattle unsold, going into and going out of the market; and, therefore as being a custom of length and universality, and nearly affecting the agricultural interests of this country. I feel it right to say, with considerations and without reserve, that any demand of toll whatsoever, on any unsold cattle going into or out of any market whatsoever, although encouraged by a general and continued practice, is no more than a general and continued abuse, and an outrageous fraud in those persons or corporations who encourage or permit their ignorant and unconscious agents to enforce such a demand against the subject, in direct violation of the individuals property- and in direct contradiction to the enactment of a statute, of which the masters of these agents can be no longer ignorant.
     Quere 7th- By whom are tolls and customs by law payable, whether by the buyer or seller, (2 inst. 221. s. 1386) and where are tolls and customs payable, and your attention is requested to the Acts of 1 G. 3. c 17. and 57 G. 3, 108, which require a schedule of the tolls to be hung up in his Market-house, or Market houses?
     Answer- This question must be answered in reference to the division of toll which I have mentioned above. Toll in Market, where it is demandable, can only be demandable in the market from the buyer and after the sale. Toll thorough, before the atule of Anne, had been exacted from the owner, and before the sale; but this impost, by this statute, is now nearly extinguished, and where it is demandable, can only be demanded within the town and on the bridge, which is repaired by the claimant, and from the obligation to repair which, the right of the claimant to the toll must arise. Wherever toll of either description is demanded in a city or town corporate, it is enacted by the 1st G. 3 c 17, that the Chief Magistrate of such place shall cause a schedule of the tolls claimed to be hung in a conspicuous part of the Market-house, on every market day, for the month next ensuing, every Michaelmas day, and if such Magistrate of such city or town corporate shall neglect so to do, he forfeits by every such neglect 10l penalty, to be recovered by any person against him in a civil bill at the next Assizes; and any toll collector who shall exact any toll not mentioned in the schedule, shall forfeit 5l penalty, to be recovered by civil bill by the person of whom such toll was so exacted; and by the 57th G. 3, c. 108, it is additionally enacted, that every collector or claimant of toll shall erect, in some conspicuous place, at each principal entrance, and keep up during the whole continuance of any fair or market where toll may be claimed a painted board, having thereon in large and legible characters, a schedule and the names of the collector and claimant, and where all these regularly have not been fulfilled, no toll, custom, or duty is at all payable, and the attempt to collect under such circumstances is declared to be an offence, punishable by a fine of 40 shillings to be recovered by any one suing for the same, before any two Magistrates of the neighbourhood, any one of whom may issue the summons, and the money to be levied by distress under their warrant.
     Quere 8th- Are provisions taken into any city or town, not intended for sale, liable to toll or custom, or to be stopped on the way thither, for such demand, and what particularly are the articles tollable?
     Answer- I have already said, that I think provisions not tollable; the only way to answer the question what articles are tollable, is by enumerating those which are not tollable. There are various exemption from toll in respect to persons and things, erected by common law, charger and statute; by common law, the goods of the King, of tenants in ancient demsene, the ecclesiastical goods of ecclesiastical persons, and the vendors in the market, for what they sell are exempted. By charters  freemen are exempted from toll throughout the realm, for instance the freemen of Dublin and Drogheda are. By statute no persons but many things are exempted. By the 4th of Anne, as above, free ingress and egress to all cattle unsold, all goods and merchandize on their  passage through the town, and not for sale or consumption in that town provided there be no bridge to that town, are toll free; and if there be a bridge, such goods are also toll free, provided the claimant does not repair any bridge of that town; and even if there be a bridge so circumstanced, yet still the goods will be toll free, provided they do not pass over the bridge; and even if such goods be brought over a bridge so circumstanced, still they shall not pay more toll than may appear by ancient schedule to be demandable at the time of passing the 4th of Anne.- By the 1st G 3, c. 17, s. 2, turf, furze, and timber in faggots, for fuel, are exempt. By the 3d G. 3,c.25, flaxseed and hempseed, flax, hemp. or cotton, or any cloth made of linen, or hempen yarn, or cotton, mixed kelp or potashes, wheels, reels, hackles, or looms are exempt. By 11 and 12 G. 3 all goods by the Grand Canal, to or for any place whatsoever. By the 57th G.3,c.108, all markets are freed of tolls, during the time whilst the publication of the schedule, at the great avenue leading thereto, may not be made  in manner and form prescribed by this statute. By common law the following things are exempted:- Wares, potatoes, eggs, herrings, chickens, poultry, provisions, furniture in private use, not merchandize; either brought in or in their progress to a  purchase after sale, for bricks and slates for man's own use, are exempted.
     Quere 9th- In the different fairs and markets very heavy charges are made upon the country people for their standings, and for weighing their goods; what are the legal and proper charges for standings at fairs and markets, and what are the legal charges for weighing?
     Answer- The market people should have room in the market without payment, in order to sell their wares, and if, by the owner of the market building s**lls the public room is encroached upon, so as that the people have not room, and are forced to hire stalls from him on his terms, this is extortion- King versus Burdett, Lord Raymond, 148 9. Toll in market cannot exceed the charges of any ancient schedule- it never grows.
     By the 25th of George 2d, all goods must be weighed by the weigh master, at one penny for each draught of one cwt or more, and one halfpenny for anything less. Potatoes to be weighed without fee  or reward. Weigh masters exacting more, or refusing to do their duty, punishable by indictment on information, and liable to action.
     Quere 10th- In case they have no authority to charge any thing for full, what are the most efficient remedies the public has against them?
     Answer- Overcharge for toll has various remedies; an action of trespass, or for money  had and received- penalty under the 4th of Anne, 10s for the first and 5 for every subsequent one. By the 1st Geo 3. c. 17, penalty 5 against toll-gatherers for the offence therein described; and by 57th George 3, chap. 108, 40s. penalty, as already mentioned.
     JOHN FINLAY
     31, Cumberland-street.
     9th September, 1819.

THE CONNAUGHT JOURNAL
Galway, Monday, December 15, 1823

DUBLIN, DECEMBER 12.

     His Grace, the Lord Primate left Dublin for London yesterday.
     The Lord Chancellor has been pleased to appoint William Irwin, Esq. of Cloncorick, a Magistrate for the County of Leitrim.
     His Lordship has also been pleased to appoint the following Gentlemen to be Justices of the Peace and Quorum:-
     Loftus Neynoe, Esq. of Castle Neynoe, for the Co. Sligo.
     William Wellesley Dupard, Esq. for the Queen's County.
     Colonel Robert Travers, for the County of Cork.
   Hugh Morgan Tuite, Esq of Souana, for the Co. Westmeath.
     A memorial has been prepared for presentation to Government on behalf of the North-west Society, signed by upwards of six thousand persons, praying that a Canal from Lough Foyle to Lough Erne shall be constructed at the public expence.
     An Ordination will be held by the Archbishop, in the Cathedral of Christ Church, on Sunday, the 21st instant. Such Candidates as have the proper testimonials and titles, within the united Diocese, will be examined on the three Ember Days following the 14th instant.
     At a meeting of the Roman Catholic Clergymen of the Archdiocese of Dublin, held in the Chapel of Saint Michan, the Reverand Doctor Lube was elected Dean, vice the late Very Reverend Doctor Hamill, deceased.
     The unfortunate man who was sentenced to death for the robbery of T. Ellis, Esq. (M.P.) of plate, at Abbotstown, was hanged on Saturday at Kilmainham. There were but very few persons present at the execution.
     Sunday morning the body of a poor old woman was found dead on the road in the Phoenix Park, nearly opposite the Viceregal Lodge. It is supposed that missing her road to the Park Barracks, where she had resided, owing to the darkness of the night, she fell into the west ditch in which she was found, and perished from the severity or the night.
     SMUGGLING.- The Wilson, from New York, Thompson and others, owners, was seized on Friday at Poulbeg, by Captain Montgomery of the Shamrock. The captain and ten men were taken in custody, and examined at College-street, Police Office, on Saturday; 200 lbs weight of smuggled Tobacco having been, it is said, found on board. The cargo consisted of Staves and Hogsheads, supposed to be of Flaxseed, and as the vessel has not yet been searched thoroughly, the  investigation has been adjourned.- The Commissioners have commenced suing the Captain, Thomas Briton, for the penalty, 400. The case stands over.
     MYSTERIOUS DEATH- Between the hours of 7 and 8 o'clock on Friday morning, the body of a man was found lying amid some rubbish in a yard at the rear of Great Brunswicke- street; the body appeared to have lain a considerable time in water, and there were the marks of some bruises on the face. It has been ascertained that the name of the deceased was Michael Bryan, and that he resided on the Poddle, and lived by making mats and mops. The body, it appeared, had been brought to the place where it was found, in a cart, and thrown there with some lime and rubbish. The back-board of the cart was found on the spot, and has been brought to College-street Police-office. An  Inquest was held on the body on Saturday, by Alderman Jones, Coroner. The following was the verdict of the Jury:- "We find that the deceased, Michael Bryan, came by his death by the hands of some evil-minded persons, at present unknown."

HONOURABLE ACQUITTAL OF CAPTAIN HARRIS.

PORT-MOUTH, DEC. 2- The proceedings of the Court Martial in the case of Captain Geo. Harris, C.B., of his Majesty's shop Hussar, closed this afternoon, when the following sentence was announced:
     "That the charges have not been proved against the said Captain George Harris, and are without any foundation; that the communications from the Foreign Office to the Admiralty, originating in letters of Sir Edward Thornton to the Under Secretary of State, mentioning therein that the Hussar was not ready for sea, are totally without foundation, as that shop appears to have been in perfect readiness to put in execution the orders from the Lords Commissioners of the Admiralty, from the moment of her anchorage in the Sound, on the 9th August, and to have been solely and entirely delayed by the non-embarkation of Sir Edward Thornton;- and that no blame whatever is imputable to Capt. George Harris, who, on the contrary, appears to have acted throughout with his accustomed zeal and promptitude; nor has the conduct of the said Captain George Harris been in any way 'contrary to the discipline of the Royal Navy, highly prejudicial to the public interest, or his Majesty's service;'- and the Court doth therefore adjudge the said Captain George Harris to be most honorably acquitted, and the said Captain George Harris is hereby most honorably acquitted accordingly."

CORONER'S INQUEST

At the Meath Hospital, on the Body of Thos. Gillan, who was stabbed by a Policeman

     James Gillan, brother to the deceased, deposed that he, deceased, Michael Hanlon, and Thomas Farler, went to a public-house in Holywood, on Saturday night, the 1st November, about eight or nine o'clock; there was a fair there on that day; saw several Policemen in the house, who in a few minutes after put all the people out of it; went out without offering the least resistance. Deponent and his brother ran off; did not ear of any part of that country being proclaimed; Police pushed them out with their bayonets; deponent and deceased were followed by two or three Policemen; on looking round saw his brother entangled with one of the Police; they were not two minutes engaged; the Policeman after being disengaged went away; his brother said he was wounded; deponent saw a bayonet.
     Joseph Dyas, Chief Constable of Police, examined.- Had charge of the Police at Hollywood; ordered them to clear the public-houses a quarter before eight; there was a quarrel at Doyle's that day between some of the country people; saw deceased after he received the wound at his Father's house; saw no disturbance that night in Doyle's or any other public house; saw Thomas Gillan put out of Doyle's house by Police, about half-past seven; Deponent left the town at eight; William Manning was in Serjeant Acheson's division; the Serjeant told Deponent that he had all his  men with him; on receiving orders to leave the town, went to the house of deceased to learn particulars; told him he had been stabbed by one of the Police, but did not know which of them.
     Serjeant Acheson examined- Was in charge of the detachment; William Manning was of the party; saw no disturbance in Doyle's; left Hollywood a little after nine; returned to his station two miles off; Manning with him; did not see his men pursue any one; saw two bayonets drawn by his men; was a short time absent from Doyle's, being called to apprehend a man; saw different people coming from Doyle's; might for a moment lose sight of his men from the darkness of the night.
     Michael Hanlon sworn, corroborated the first part of this statement, but did not see the deceased after he came out of the house.
     Rawdon Mcnamara, Esq. one of the Surgeons of the Meath Hospital, examined- Saw deceased the day after his admission into the Hospital, on the 13th or 14th of November. The artery of the thigh was wounded, appeared to have been inflicted by a bayonet; it was necessary to operate to take up the artery; might have died whether the operation was performed or not; died on the 22d of November; believes the wound as deponent saw it was mortal.
     Patrick Doyle, the publican at Hollywood, examined-but nothing particular was elicited by his evidence.
     James Dwyer, a labourer, deposed that he heard Manning, a policeman, say, he engaged he put four inches of the bayonet into his thigh; said this to Michael M'Dermott; did not say into whose thigh; this conversation occurred the 3d of November.
    Michael M'Dermott sworn- had no conversation with Manning, as to any wound inflicted on the deceased.
     Mary Tyrrell examined- Was at Doyle's on the night in question; there was a quarrel said night between eight and nine o'clock; did not know any of the parties; Police came in at that time and put them out; saw no bayonet drawn; saw no force on either side; no one returned except Police for the remainder of the night. Police returned in about an hour; heard one of them whose name deponent understands is Manning, say he put two inches of his bayonet into a man, and that he would not get over it this month; no one present but Deponent and Police; told the conversation to Doyle that night, also to her father.
     Thomas Barrett is a Farrier.- William Manning, and his comrade Noble, were at his house some nights after the fair of Hollywood; Manning said he was knocked up in the street, when he caught the man with his bayonet, and stabbed him.
     Richard Noble, a Policeman, stationed at Cryhelp, examined- heard Manning say he was stripped up, and that he gave the man a touch of his bayonet he would remember- about nine o'clock they were called to take some men who were quarrelling one man was bleeding- saw people quarrelling and throwing stones, can't say whether they were thrown purposely at the Police or not- saw Manning thrown down by a trip from a man- could not say whether this man and another with him threw stones or not.
    James Burne, a labourer, living at Cryhelp, heard William Manning say he put his bayonet four inches into a boy's thigh- Serjeant Acheson was in the room at the time.
     Thomas Keogh, a Tailor, likewise heard Manning say he put four inches of his bayonet into the thigh of Thomas Gillan; did not say where this took place.
     The following was the verdict:- "That the said Thomas Gillan came by his death by a bayonet would inflicted on his thigh at Hollywood, Paris of Donard, County Wicklow, on Saturday night, the 1st Nov. 1823, said wound supposed to be inflicted by a Policeman, named William Manning, of Cryhelp, in said County."
     Manning is in custody, and the witnesses are bound over to appear at the Assizes for the County Wicklow.

 

PROVINCIAL INTELLIGENCE

     CORK, DEC 5- On Sunday night, the 24d ult., at an early hour, a party of insurgents broke into the house of W. Glover, and W.and J. Allen, on the lands of Imogane, in the Parish of Churchtown, and demanded arms. In the house of John Allen they found a gun, which he opposed their taking, on which he was knocked down and beaten. Wm. Allen who came under their displeasure for employing strange labourers, fortunately was absent from his house, or he should have been treated in like manner, as they searched the house closely, and threatened if they found him to glut their vengeance.
     A report has reached us, that at so early an hour as five o'clock on Monday evening, the house of Mr. Purdon, residing near Liscarroll, was violently attacked and robbed of arms.- The robbery is supposed to have been committed by some wretches returning from the fair of that town, where there is little doubt it was planned. Mr. Purdon sometime ago gave information against a fellow who used seditious expressions in a public-house in Kanturk.
     On Saturday night, about eight o'clock; a large stack of Wheat was burnt on the lands of Ballandrew, within a mile of Doneraille-the Corn was the property of a poor man named Calligan.
     DECEMBER 8.- On Wednesday evening last, James Young, one of the Constabulary Police, under the command of Captain Nangle, on his return to his quarters, at Lemairs, from attending the Board of Petty Sessions, at New Glanmire, was drowned in crossing a stream which runs through a ravine. The stream was greatly swollen by the heavy rain which had lately fallen, and next day, when it had found its level, the body was encountered on the bank, and his musket lying near.- A Coroner's Inquest was held on the body in the presence of several active Magistrates, and a Verdict of "Accidental Death" was returned.
     "The number for Trial at the approaching Special Sessions, under the Insurrection Act, is great, and the attendance of the Magistrates, we understand, will be numerous."- Constitution.

SHOOTING OF THE M'DARBY'S.
Extract of a Letter from Athy, Dec. 3.

     "Having given you a detail of the truly melancholy occurrence; your kindly complying in my request, induces me to forward the circumstances that have since occurred:- The wounded man died on Sunday evening about seven o'clock. The Inquest returned the following Verdict:- 'Died by a gun shot wound fired by Mr. M'Donough, aided and assisted by Mr. Forbes.
     Major Powell, Inspector of Police, Leinster district, assisted by a Crown Solicitor, arrived the day before to investigate the matter. After viewing the ground, in company with many of the Magistrates and Gentlemen of the Queen's County, they sat yesterday in the Grand Jury-room, to which every person was admitted that chose to be present. The Magistrates, and indeed every description of persons, declared that the investigation was unnecessary, the County never being more quiet than at that moment, to which Major Powell and the Solicitor agreed, and the Court, (if I may use the term,) borke up.- Carlow Paper.
    
We have received the following account from a Correspondent:
    QUEEN'S COUNTY.- On Wednesday, the 3d of December, there was held in Athy, a Meeting of Magistrates and Gentry, both of the Queen's County and County of Kildare, for the purpose of inquiring into the state of Barony of Ballyadams, and to investigate more closely the occurrences which took place there, in consequence of the murders that have been recently perpetrated on the two unfortunate M'Darby's.
     Thomas Cosby, Esq., of Stradbally hall, one of the Governors of the County, was called to the Chair.
     Mr. Geale, Crown Solicitor for the Home Circuit, and Major Dowd, Inspector of Police, stated the purpose of the meeting.
     Mr. Cosby declared his decided opinion, that the county was perfectly tranquil, and consequently required no extraordinary interference of Government.
     The remaining gentry assented to this opinion, and
     Mr. Butler, Sovereign of Athy, proposed a vote of thanks to Mr. James Grace and the Rev. Mr. Whelan, P.P. for their manly and intrepid conduct in defending Messrs. M'Donough and Forbes, and their spirited exertions, which eventually preserved the peace of the County.
     The proposition was unanimously agreed to, and the meeting adjourned.

DEATH

     Departed this life, on Wednesday the 10th instant, at Ballintober House, the seat of James Hanly, Esq., sincerely and deservedly regretted, Mr. Andrew Curtis. He has been employed as an Accountant at Kilroe for upwards of twenty years, and bore an excellent character.

BISHOPRIC OF KILMACDAUGH AND KILFENORA

     It is currently reported that our much respected Roman Catholic Warden, the Very Rev. Doctor Ffrench, is to be called to the Bishopric of Kilmacduagh and Kilfenora, rendered vacant by the death of the late much lamented Doctor Archdeacon. We should indeed regret the removal of this respectable individual from amongst us, on any account; but we rejoice to find that his exalted virtues and amiable disposition have shone beyond the sphere of their immediate action, and induced a pious and venerable body of men to think of selecting him for the important trust.

~~~~~~~~~~

     The Ladies of the Galway Dorcas Society gratefully acknowledge to have received from his Grace the archbishop of Tuam, One Bale of Clothing, sent by the Ladies' Committee in London, for the use of their Society.- Galway, Dec. 13, 1823.

THE CONNAUGHT JOURNAL
Galway, Thursday, December 18, 1823

PROVINCIAL INTELLIGENCE

     CORK, Dec. 5- Yesterday a placard was posted in this city, for the purpose of procuring 200 seamen for a man of war. The ship for which the supply is required is to be stationed off the Sussex coast. Such a demand is a very rare occurrence; and, when connected with other naval preparations in the English ports, confirms the idea that there are some causes for the apprehension of war.-- Cork Chronicle.
    
CORK, Dec. 10- On Sunday night last an alarm was given to the military on duty in Newmarket, that a murder was committed in or near the town. A party immediately proceeded in the direction of the bridge, where they found four men in their shirts, whom they took into custody, but at the time the account came off, the body had not been found; it is supposed they threw it over the bridge, which is a considerable height.
     On the following morning (Monday) the body of one of the police was found murdered, and deprived of his side-arms, near Ballyheen, about a mile and a half at this side of Nantuck. The police having received information, attaching suspicion to a man of the name of Denahy, in that neighbourhood, but not finding him at home, pursued him, and overtook him within about eight miles of this city, with a load of corn. He has been taken into custody.
     BANDON, Dec. 7- This place was thrown into considerable consternation on Saturday night last by a transaction as fatal and melancholy as it was sudden and unlooked for. Five soldiers belonging to the 57th regiment of foot, (a party of which is at present at Bandon,) adjourned to the widow Coughlan's public-house, in the North Main-street; where it appears they drank a considerable quantity. A quarrel arose between two of them, and blows ensued; the comrade of one of them interferred, and the other immediately snatched the bayonet from the side of the unfortunate man and  stabbed him in the groin. The wounded man was then, it appears, put into a small closet off the kitchen in which they sat, and the landlady coming in to hang up her cloak, she discovered him, and immediately raised the alarm, and prevented the rest of the soldiers from getting away; which it appears they were anxious to do, and had the wounded man brought out, when he immediately expired. An inquest was held yesterday, before James O'Brien, Esq., Coroner, and a respectable Jury, when, after five or six hours investigation, a verdict was returned that "the deceased came by his death in consequence of a bayonet wound, inflicted by the soldier who was underneath him at the time."
     LIMERICK, Dec. 7- On Monday night a threatening notice was posted on the gate of Danesfort, in this county, denouncing death and destruction to Mr. Browne's family, unless he discharged all strangers from his employment.
     As Michael Eustace, a sub-constable for this co. was returning home from Shanagolden Church to his quarters, on the evening of Sunday last, he was attacked near Tiermore by two men who rushed from behind a hedge on the roadside, and caught hold of and deprived him of his carbine before he was aware of their intentions.
     On Monday night, and excellent out-office, used as a barn, was maliciously set on fire at Shanagolden, in this county, which was totally consumed.
     On Saturday night, about 8 o'clock, a large stack of wheat was burnt on the lands of Ballyandrew; within a mile of Doneraile; the corn was the property of a poor man named Calligan.
     COUNTY LOUTH- DROGHEDA, DEC 10-- On Monday evening, as ____ Doyle, Esq. of Wellfield in the county Dublin, was travelling in a post chaise from Ashbourn to this town, he was stopped at Legaworao, about a mile from town at 7 o'clock, by four men. Mr. Doyle threw a bundle of bank notes, amounting to 23l among the hay at the bottom of the chaise, in the hope that they would escape the observation of the robbers; however, they were soon discovered by one of the party, who attempted to conceal them from the rest, but being detected in the fact, another fellow threatened to shoot him for his dishonourable attempt to cheat his comrades. Mr. Doyle was then permitted to proceed, whilst the altercation continued among the robbers, and just as the chaise started 2 shots were fired; whether they took effect has not been ascertained, nor have the efforts of Mr. Armstrong to apprehend these villains as yet been successful.
    MAYO- CASTLEBAR, Dec. 8- On Tuesday last, the party of the 88th Regiment stationed at Ballina, the Staff of the North Mayo Militia, the Yeomanry, and the Ballina Association, assembled in that town, and taking different directions, proceeded through the country in search of arms.- They were under the orders of Col. Cuff, Major Orme, William Atkinson, Esq. and Captain Saint George Cuff. After traversing the country for several hours, they returned a few stand of arms. We believe we may congratulate the country and ourselves that the disturbances in Tyrawly will be of short duration.
     We are informed that Spencer Lindsay, of Hollymount, in this County, has made large abatements to his tenantry, and remitted arrears of rent to a considerable amount. He has also promised to relieve them from the payment of Tithes, thus transferring on himself the most vexatious of their burdens. These acts of seasonable kindness are very deeply felt by a grateful peasantry, who will not fail to evince their attachment to a landlord who takes such interest in their comfort. Such benevolent conduct on the part of landed proprietors can do more to relieve the people than all the fine theories that are talked of for their improvement.- The example is particularly desirable in Mayo, nor shall it, we trust, be without its influence.- Had the other proprietors of that county followed his generous example, we might not have had to record some outrages that appeared to threaten its tranquility. Some of his northern neighbours will; it is to be hoped, adopt his example, and earn, by similar treatment, the gratitude of the people with whom they are connected.

REWARD

     Stolen out of my Stable, on Monday night last, the 15th instant, a S??? Black HORSE, five years old, about thirteen hands high, crow eyed, heavy head, a very small star on the face, and another on the nose, short tail, nicked, and lately docked, a small kernel on the left side under the saddle.
     Now I do hereby offer a Reward of FIVE POUNDS to an Person who will, within six calendar months prosecute the Thief to conviction, or a sum of THREE POUNDS to any Person who will give such information to me or Mr. John Kilroy, Kilroy's Hotel, so as to lead to discovery.
     Given under my hand this 17th day of Dec. 1823.
     ANTHONY COOPER HALLIDAY,
     Spring Lodge.

THE ARMY-RECRUITING

     Major-Gen. Sir T. Bradford, K.C.B. has been appointed Colonel of the 94th (now raising), Regiment of Foot.
     Major-Gen. Sir C. Halkett, K.C.B. and G.C.B. has been appointed Colonel of the 95th (now raising,) Regiment of Infantry.
     The above appointments, it is expected, will appear in the Gazette of this evening, as well as those of all the other Officers appointed to the two new Regts.
     The new levies for the army will be carried into effect upon the most economical plan; as, independently of appointing the whole of the Officers from the half-pay list; the men will be raised without any increase whatever of the usual rate of levy money.
     Men recruits not under five feet six inches in height, will be taken to the age of 30; and growing lads, not exceeding 18 years of age, will be received at the standard of five feet five inches.
     The bounty to a recruit for unlimited services will be 3-4s and for limited service 2 12s 6d. Four shillings has been added to the bounty of a recruit as an inducement to enlist, which sum has been deducted from the allowances hitherto granted to the recruiting Officer and conducting Sergeant, so as to keep the total charge of levy money at the same amount as before.
     We are authorized to state, that the Officers who are to be appointed to commissions in the Regiments of infantry which are about being raised, will be taken exclusively from the Half-pay list.
     Our military force is to receive a further increase. Four, if not five, additional Regiments are to be raised. It is said, however, they cannot be immediately embodied, because, by so doing, the army would exceed the number voted by Parliament, but we understand the enlisting will proceed forthwith, and the men will be kept at the different depots.--Courier

     Orders have just been issued to the Recruiting Departments to empty their Staff in the raising of Recruits, and the regulation which has been in force since the termination of the late war, for limiting the age at which Recruits were to be accepted to 25, has been repealed, and instructions for taking men as old as 30.
     A Recruiting Order has been received in this city, (Limerick) to raise men for two additional Regiments of the Line-the 94th and 95th. Men five feet five inches, under 18 years of age, and men five feet six, under 30, will be taken. From the superabundant portion of our Peasantry now unemployed, the ranks of these two Regiments may be easily filled up. This measure may have more effect in tranquilizing the Country than any yet resorted to.
     On Thursday last, an order was received in Cork garrison to detach seven Officers of the Recruiting Service in different parts of the district.
     CARLOW, DEC 15- Nothing can speak more forcibly the want of employment so much complained of by the poorer classes, than the fact witnessed in this town since last Thursday. On the morning of that day a Recruiting Party commenced its operations with all the "pomp and circumstance" of war, not before the close of Friday it had obtained 40 able-bodied young men.
     CORK, DEC 13- Orders have been received within a few days, requiring that the proper officers should make reports of the present state of the forts and garrisons in the South West district, including a line from Bantry to Cork harbour.
     CORK, DEC 15- Since the orders arrived in this garrison to raise men for the additional regiments of the Line, (the 94th and 95th) the recruiting has been carried on with much spirit and energy; and from the feeling that prevails, we have little doubt, that if it was alone confined to this city, both regiments would be completed in the short space of two months. On Saturday Captain Craig and de Barralier, Lieutenants Mayes, Fielding, Alexander and Bickerton, paraded through our streets, attended by the drums and fifes of the Royal Veteran Battalion, and in less that two hours between twenty and thirty fine young hardy fellows were enlisted for the 95th regiment, and immediately handed over to the recruiting Staff of the District.
     The first division of the 23d Fusileers, on board the William Harris, sailed for Gibraltar, on Tuesday; and on Thursday, the second division, on board the Fanny transport, for the same destination.

BALL AT LOUGHREA

     On the evening of Monday last a splendid ball and supper was given at Loughrea, by the members of the Castleboy hunt, or blazers. Upwards of 300 of the rank and beauty of this great County were assembled on the occasion, and the ball was opened by Robert Ffrench, of Monivae-Castle, Esq. and Lady Emily de Burgh, sister to the Earl of Clanricarde-the Fox-hunter's gig was the appropriate tune with which they led off. The Noble Representative of the House of Clanricarde had attended, and will spend a short time in this town after the holydays. We shall enter more fully into the particulars of this fete on a future day.

SPIRIT TRADE

     A Memorial from the Retail Spirit Dealers of Galway has been presented to the Treasury, praying for a reduction of the License Duty to which they are at present liable. The Memorial was subscribed by almost all the Spirit Dealers of Galway, and we have been informed that the prayer of the Memorialists will be conceded to a certain extent, from and after the fifth of January next.

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     We perceive by an authorized statement, published in the late Dublin Papers, that  a Miracle had been wrought through the adorable Sacrifice of the Mass on Miss MARGARET RORKE, daughter of ANDREW RORKE, of Tyrrelstown, County of Dublin, Esq; the particulars of which shall appear in the next publication.

MARRIED

     On the 13th instant, by special license, in the Metropolitan Church of Tuam, by the Rev. L. Potter, Mr. Bartholomew O'Shaughnessy, of this Town, to Deborah Morris, daughter of the late J. Morris, of Spiddle, Esq.

TO BE LET
From the first of November last,
THE DEMESNE LANDS OF ARDFRY

     Containing 98 Acres of excellent Meadow, Pasture and Tillage with some Sea-Weed.
     Applications to be made to Mr. Ryan, Renvile, near Oranmore.--December 18, 1823.

  

THE CONNAUGHT JOURNAL
Galway, Monday, December 22, 1823

PEERAGE OF IRELAND
RAPID DECAY OF FAMILIES

     Since the Union, in January, 1801, twenty-four Peerages of Ireland have become absolutely extinct, exclusive of Peerages extinct under a superior title, but continued in an inferior honour. This is at the rate of an extinct Peerage annually. The late extinction occasioned by the death of Richard Phillips, Baron Milford, will enable his Majesty to create a new Peer of Ireland, this being the third Peerage that has failed since the late creation of the Barony of Downes. The extinction which enabled his Majesty to raise Lord Downes to the Peerage, were the Earl of Dublin (Duke of Kent) in 1820; James Cuff, Baron Tyrawley, in 1821; and John Preston, Baron Tara, in the same year. The peerages since extinct are- Thomas Jaines Warren Bulkeley, Viscount Bulkeley, in 1822-Sylvester Douglas, Baron Glenbervie, in 1823; - Richard Phillips, Baron Milford, in the same year. There are, of course, many aspirants to the vacant dignity; among many other names is mentioned that of his Excellency Caron Bloomfield (the Ambassador to the Court of Sweden) who is said to have a promise from the highest quarter; Count de Salis, heir of Viscount Fane, is also spoken of. Mr. Stuart Villiers, heir of Viscount Fane, is also spoken of. Mr. Stuart Villiers, heir of Lord Grandison, and Lady Elizabeth Baker, are said to be among the candidates for the vacant Coronet.

EDUCATION

     At the late Examinations held at MR. KEARN'S School, the undersigned Young Gentlemen distinguished themselves in their respective Classes-

GREEK

    Demosthenes - Toole, Sheridan,- Homer - Burke (Nicholas,) Blake (Patt,) Fitzpatrick (Jerome) - Lucian - Moore (John,), O'Hare (John) - Testament - Page (Martin)* Evans (Martin.)*

LATIN

Tacitus - Toole, Sheridan - Livy - Toole, Sheridan. Horace - First Class, Moore (John,) Martin* Concannon*-Second do. Fitzpatrick *(Jerome,) Daly (Dennis)* - Cicero - Moore (John,) - Sal?sl - O'Hara (John,) Ryan (John,)* Koony (John.) - Virgil - O'Hara (John,) Evans (Martin)* O'Hara, Ryan (John.)* -Caesar - Rafferty,*Lovelock* -Selecta - McNamara, sen.,* Kearns, sen., * - Swain - Kelly (Nicholas) - Syntax - O'Donovan (Phil,) O'Donovan (Tom,) Kearns, sen. - Hoole - Keogh,* Blake (Dominick,)* Kearns, jun., Kelly (Robert)* - Speech - O'Flynn, McNamara, jun.

GEOGRAPHY

First Class, Lovelock,* Roony.* - Second do. Kirwan, Kelly (Nicholas) - Third do. Ash, McNamara, sen.

WRITING

First Class, Blake (Francis,) Greene, sen., Lee (Red.) Second ditto, Raftery, Ryan (William.) - Third, ditto, McNamara, sen, Evans (Terence) - Fourth, ditto, Usher, Kearns, sen. - Fifth ditto, Keogh, Green, jun.

CATECHISM

Lee (Redmond), Kearns, sen., Raftery, Evans.

Those marked thus (*) cut for Premiums.
Vacation ends January 9, 1824.

CHANCERY

Hartley Hodson, Esq. Plaintiff; The Rev. John Robert Hodson and several others-Defendants.

Pursuant to an order made in this cause, bearing the date of the 25th day of November last, I will, on Saturday, the 24th day of January next, at the Hour of One o'clock in the Afternoon, at my Chambers on the Inn's-quay, Dublin, set up to be Let to the highest Bidder, for three years pending this Cause, ALL THAT AND THOSE, that part of the Lands of TOLOOBAN, containing about Fifty Acres, situate in the Barony of Loughrea, in the County of Galway.
     Dated this 10th day of December, 1823.
     WILLIAM HENN.
The above lands are contiguous to the Town of Loughrea. The Tenant will be required to give security by recognizance. William R. Ward, Solicitor for the Plaintiff, No. 113 Baggot-street Dublin.
December 22.

MARRIAGES.

      On Saturday, by the Rev. Mr. Kelly, Julia, eldest daughter of Myles Geran, Esq. late of Mitchelstown, county Cork, deceased, to David Barry, of Barry's-lodge.
     At Foster-place, on the 9th instant, by his Grace the Roman Catholic Archbishop of Dublin, Reichard, second son of Denis O'Brien of Fermoy, county of Cork, Esq. to Mary Anne, only daughter of the late R. Mahony, of said county, Esq.
     On the 14th instant, at Lislee-glebe, county Cork, Edward H. Jones, Esq. of Drombeg, in that county, and eldest son of the Rev. Henry Jones of Lislee-glebe.
     At Cork, on Wednesday, the 26th Nov. J. Keays, esq. of Mitchelstown-down, county Limerick to Mary Anne, eldest daughter of H.O'Sullivan, Esq. Shinagh, county Kerry.
     And on Thursday, 27th Nov. by the Rt. Rev. Dr. Sugrne, Thade O'Sullivan, Esq., son to H.O'Sullivan, to Zenobia Anne Elizabeth, second daughter of the late J. Mahony, Esq. Kerry Militia.
     John Geoghegan, Esq. of Sackville-st. Dublin to Miss Doherty, of Summer hill.
     Lieut. John Bolton, of the 67th Regt. to Emma, fourth daughter of J. Williams, Esq. of Elm-grove, Southsea, Hampshire.
     Robert Cox, Esq. second son of John Cox, Esq. late of the city of Waterford, to Catherine Ford, relict of the late T. Ford, of Wexford.
     In Drum Church, Hill Charley, Esq. of Belfast, to Mary, second daughter of Wm. Hunter, Esq of Dunmurry-house.
     At Carrickfergus, Lieut. Loftus Nunn, of the 31st Regiment to Isabella Maria, eldest daughter of Geo. Portis Price, Esq. of North-lodge.
     At Kingston Church, Thomas Monck Mason, Esq. Captain in the Royal Navy, of Enniskerry, county of Wicklow to Mary, second daughter of the Honorable Sir George Grey, Bart. Commissioner of the Dock-yard, Portsmouth, and niece to the Rt. Hon. Earl Gray.
     At Edinburgh, Sir Abraham Elton, Bart. of Clevedon-court, Somersetshire, to Mary, eldest daughter of the late W. Stewart, Esq. of Cattlestewart, and niece to the Earl of Seaforth.
     On the 30th ult, at Bath, Mr. Yeates, of the Theatre-Royal, Covent-Garden, to Miss Brunton, late of Hawkins'-street Theatre.

DEATHS

     On Monday morning, at his house in Dublin, Solomon Speer, Esq. Barrister at Law.
     On Wednesday, Dec. 3, Mrs. R. Mangan, relict of the late Thomas Mangan, of Dublin, Esq.
     At his house in Molesworth-street, on the 6th inst. Wm. D Rooke, Esq. many years an eminent Solicitor in Dublin.
     After a short but painful illness, which she bore with resignation and fortitude, Mrs. Curtis, of Baggot-street, aged 59 years, relict of the late W. Curtis, of James's-street, Dublin, Esq.
     At Stainford, in Lincolnshire, on his road from London, Wm Bury, Esq. of Ripton, Yorkshire, formerly a Captain in the 11th Regiment of Foot, in the 71st year of his age.
     On Tuesday, at his house on the South Mall, Cork, Boyle Tanner, Esq.
     At Winifred's Dale, Bath, in the 16th year of her age, Sarah Anne, second daughter of the late John Bland, Esq. of Brandsfort-house, in the Queen's County.

COURT OF KING'S BENCH, DUBLIN
Sittings at Nisi Prius
Wilkinson v. Commissioners of Customs.

     This case occupied the Court and a Special Jury the entire day; it was an action upon the case, brought by the Plaintiff against the Commissioners of Customs, to recover damages for injury done to his house and stores, No. 10, Beresford-place, by the overflowing of the ground floors, in consequence of the sewer leading from Beresford-place being obstructed by a sewer to the New Docks, made by direction of the Commissioners of Customs.
     The stores at the rere of, and belonging to, the Plaintiff's house, had been occupied by the Commissioners of Customs, from the year 1804 to the year 1819, at a yearly rent of 200 guineas, and the house, up to 1817, was let, unfurnished, at 100 guineas per annum, and from the year 1817 to 1819, was let, furnished, at from 300l. to 400l. per annum, but in the latter year, in consequence of the overflowing, the stores were surrendered by the Commissioners, and the house became so untenantable, owing to the damp and overflowing, that the persons occupying it as a furnished house quit it, and the Plaintiff was unable to let it afterwards.
     The Solicitor-General addressed the Jury in mitigation.- The injury to the Plaintiff was not intentional on the part of the Commissioners, as the Plaintiff's owns Witnesses proved, that the sewer which occasioned the injury was made at the expence of five hundred pounds, in order to draw off the water from the neighbourhood, and that since the cause of the injury was ascertained, they had built another sewer, which had nearly remedied the evil, and would, when completed, remove it altogether, and make the houses in Beresford-place much drier than they ever were.
     The Jury, after some consultation, found for the Plaintiff, One Thousand and Forty-eight Pounds, Eight Shillings Damages, and Sixpence Costs.

THE ARMY

     The following are the Appointments to the two new Regiments, the 94th and the 95th:-

94th REGIMENT

     Major-General Sir Thomas Bradford, KCB, to be Colonel.
     Lieutenant-Colonel William Grove White, from the half-pay of the 48th Foot, to be Lieutenant-Colonel.

TO BE MAJORS

     Brevet Lieutenant Colonel James Allan, from half-pay 56th Foot.
     Major Peregrine Francis Thorne, from half-pay of the 60th Foot.

TO BE CAPTAINS

     Brevet Major W. Gray, form the 3d Royal Veteran Battalion.
     Captain George Crozier, from half-pay of the 44th Foot.
     James Kirkman, from the 2d Royal Veteran Battalion.
     David Munro, from half-pay 94th Foot.
     William Alexander Craig, from the 1st Royal Veteran Battalion.
     George Topp Lindsay, from half-pay 22d Foot.
     Anthony Bacon, from half-pay of the 22d Light Dragoons.

TO BE LIEUTENANTS

     Lieutenant John Orr, from the half-pay of the 89th Foot.
     Lieutenant Alexander Stuart, from the 2d Royal Veteran Battalion.
     Lieutenant Robinson Sadlier, from  the 3d Royal Veteran Battalion.
     Lieutenant Thomas Workman, from half-pay of the 65th Foot.
     Lieutenant Alexander Inns, from half-pay of the 42d Foot.
     Lieutenant John Armit, from half-pay of the 40th Foot.
     Lieutenant Bartholomew Hartley, from 2d Royal Veteran Battalion.
     Lieutenant Henry Nicholls, from the 1st Royal Veteran Battalion.
     Lieutenant Thomas R. Timbrell; from half-pay of the Rifle Brigade.
     Lieutenant Charles Glascoyne, from the 5th Foot.

TO BE ENSIGNS

     Ensign William Belford, from half-pay of the 34th Foot.
     Ensign John Bickerton, from the 1st Royal Veteran Battalion.,
     Ensign Isaac Toogood Coward, from the 1st Royal Veteran Battalion.
     Ensign John Alexander, from the 1st Royal Veteran Battalion.
     Ensign John Eyres Kingdom, from half-pay of the 94th Foot.
     Ensign John Wetherall, from half-pay of the 85th Foot.

95th REGIMENT

     Major-General Sir Colin Halkell, KCB to be Colonel.
     Lieutenant-Colonel Gustavus Brown, from half-pay, to be Lieutenant-Colonel.

TO BE MAJORS

     Brevet Lieutenant-Colonel Sir Dudley St. Leger Hill.
     Major Fitzgerald, from the half-pay of the 60th Foot.

TO BE CAPTAINS.

     Brevet Major John Mitchell, from 1st.
     Captain Arthur Gore, from half-pay of the 30th Foot.
     Captain Dansic Carter, from half-pay of the 58th Foot.
     Captain Pierre Toussaint de Carrallier; from the 1st Royal Veteran Battalion.
     Captain Robert Robison, from the 1st West India Regiment.
     Captain William Martin Yorke, from half-pay of the 17th Foot.

TO BE LIEUTENANTS

     Lieutenant George Mordaunt Dickens, from the 2d Royal Veteran Battalion.
     Lieutenant John Cusine, from half-pay of the 95th Foot.
     Lieutenant Willliam Mayes, from the 1st Royal Veteran Battalion.
     Lieutenant William Saunders, from the 3d Royal Veteran Battalion.
     Lieutenant Robert Cumming Hamilton Gordon, from half-pay of the 48th Foot.
     Lieutenant William Newhouse, from half-pay of the 65th Foot.
     Lieutenant Henry John Sperling, from half-pay of the 9th Foot.
     Lieutenant Joseph Carruthers, from half-pay of the 17th Foot.
     Lieutenant David Dickson, from the 2d Royal Veteran Battalion.
     Lieutenant Thomas Abercromby Trant, from the 38th Foot.

TO BE ENSIGNS

     Ensign Edward Mayne, from the 2d Royal Veteran Battalion.
    Ensign Robert Henry Bunbury, from the 2d Royal Veteran Battalion.
     Ensign Edward Harrison, from the 3d Royal Veteran Battalion.
     Ensign James Young, from half-pay of the 52d Foot.
     Second Lieutenant John Parker, from half-pay of the Rifle Brigade.
     Ensign Thomas Alcock, from half-pay of the 36th Foot.

~~~~~~~~~~~~~~

BRITISH TROOPS IN THE WEST INDIES.

     The 4th, 5th, 9th, 21st, 27th, 33d, 35th, 50th; 1st and 2d Battalions of the 60th; 68th, 70th, 74th, 76th, 77th, 81st, 91st, 92d, 93d and 1st West Indies Regiment.

~~~~~~~~~~~~~~

THE INDIAN ARMY-its new organization.

     By the present organization of the Indian Army, every two regiments have but one Colonel, and each regiment of infantry is composed of two battalions, commanded by one Colonel. By the new organization every regiment of cavalry will have its own Colonel, and each regiment of infantry will be divided into two regiments, with a Colonel to each- By this arrangement forty Lieutenant Colonels upon the Bengal Establishment will obtain regiments, viz.: four additional ones to the cavalry; thirty-two to the infantry; and four to the four irregular regiments of infantry.

 

THE CONNAUGHT JOURNAL
Galway, Monday, December 29, 1823

PROVINCIAL INTELLIGENCE

     The Leinster Journal says, an investigation into the conduct of the Police on the last fair night at Freshford, was held yesterday at that place, but the results have not yet reached us. We really do not understand this way of administering Justice in Ireland." Had Bayly wantonly stabbed Dickson, our friend, Mr. St. George, would have instantly, on the complaint being made to him, sent the culprit off to the county gaol, on a capital charge under Lord Ellenborough's Act. Why, then, is the Police serjeant suffered to go at large who  is charged with wantonly stabbing a young man in his mother's house? Is there one law for the people and another for the police? Verity, there is not, although the recent cases of serjeants Yeates and Dickson, and others that we could name, cannot fail to leave that impression on the minds of the uninformed. The law says "justice shall be administered equally and impartially to all." But there are Magistrates who set this legal maxim at naught. To such conduct, the unlawful acts of the people may generally be traced. It must inevitably create and nurture disaffection among the ignorant. Magistrates who know their duty, who really love their country, and wish to see it tranquil and prosperous, will also love justice, and administer it equally without fear, favour, or affection. Were this the universal character of our Magistracy, Ireland would soon become morally, as well as physically, a happy island.

     The Rev. Andrew Dunne, deceased, late of Maynooth College, has bequeathed 810l to Catholic poor schools in Dublin.

WINTERAGE

     To be Let, 440 Acres of excellent WINTERAGE, in the whole or in divisions situate within two miles of Kinvara- Application to Mr. John Burke, Normangrove, near Kinvara.
December 29, 1823.

DEATHS

     On Saturday last, departed this life, Mrs. Blake, of Woodstock; relict of Stephen Blake, Esq. at the advanced age of 82- a lady of extraordinary talents- retaining her faculties to the last- In her the poor have lost a friend, whose hand was always open to assist them, and society one of its greatest ornaments.
     This morning in the bloom of life, after a long and severe illness, which he bore with christian fortitude, Mr. William Murphy, second son of Mr. Edward Murphy, of this town- and industrious young man of great promise.
     On the 18th instant, in Belcara, in the County of Mayo, Walter Brady, Esq., Offices of Excise, deservedly regretted.
     In Upper Dominick-street, Galway, the infant daughter of Major D'Arcy of the 39th Regiment.
     In Cross-street, after a long and severe indisposition, borne with christian fortitude and pious resignation, Captain Carey, 3d Royal Veteran Battalion- a Gentleman deservedly regretted by his brother officers and all who had the pleasure of his acquaintance.

To Be Sold By Auction

     At the Nursery of Mr. Browne, near Athenry, the entire of the

TREES AND SHRUBS,

     On Monday, the 12th of January next, if not previously disposed of.
     Purchasers above 20 will get time until the first October next, on approved security.
     December 29, 1823.
    


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