Anglo-Celt
Published in Cavan, county Cavan
December 1,
1853
TOWN OF CAVAN.
UNRESERVED SALE OF A
FREEHOLD PROPERTY
SITUATE IN THE MOST
GENERAL PART OF THE TOWN.THE SALESMAN announces that he has received Instructions from Mrs. A. HINDS, (the Executrix of her husband, Mr. T. HINDS,) to Sell by Public
AUCTION --
without reserve, in the
COURT-HOUSE, CAVAN
On WEDNESDAY, the 7th December, 1853,Her Interest in a Freehold Property situated in the Main-street of the Town of Cavan and standing on an Irish Acre of Ground.
The Property comprises two Splendid Houses, with extensive Yard, Chandling House, Tan Yard, and large Garden, with extensive Slated offices, all very recently Built under the immediate superintendence of the late Owner, Mr. THOMAS HINDS, who carried on most extensively the Butchering, Tanning, and Chandling for the last 30 years.
The Concerns attached to the Main House, have all the necessary requirements for carrying on the above mentioned Business.
The Property is held by a Lease Renewable for Ever, under Lord Farnham, at the Rent of £21 17s. per year. The Houses now offered for Sale present an opportunity to any purchaser for the profitable investment of Capital, but particularly to any person connected with Mr. HINDS" Trade, who has been so liberally supported by the Nobility and Gentry, together with the general Trade of the Public at large.
One of the Houses is let to Miss LOWRY for 7 Years, from the 1st of May, 1851, with a portion of the Garden and only one small Office House, at the Yearly rent of £37 10s. ; the remainder of the immense rere(sic) being attached to the House occupied by Mr. WM. HINDS, who carried on the Victualling Trade, to almost an unrivalled extent. There is to these Premises a large Gateway, held under the same Lease, which would be of great advantage to any person who may become the Purchaser. The Business will be carried on by Mr. WM. HINDS, as usual.
For further particulars apply to Mr. WM. HINDS ; or to the Auctioneer, who solicits an inspection of the Premises any day prior to the Sale.
Terms -- CASH. Sale at One o'Clock. Purchases to pay 3 1/2 per Cent, Commission. EDWARD FEGAN, Auct. Cavan, October 25th, 1853.
IN CHANCERY.
Advertisements to Creditors.CAUSE PETITION,
Under "the Court of Chancery (Ireland)) Regulation Act,, 1850."In the matter of
SINCLAIR PERRY,
Petitioner;
JOHN MC. GRATH,
RespondentI HEREBY require all Persons claiming to be Creditors of JOHN NOBLE BAKER, Esq., late of Ashgrove, in the County of Cavan, deceased, on or before the 2nd day of January next, to furnish in writing to GEO. CARMICHAEL, Esq., Solicitor for Respondent, No. 7, Upper Temple-street, the amount and particulars of their several demands, (accompanied, in case of simple contract debts, by a statement of the consideration of such debts,) in order that the Petitioner may, without any expense to them, prove in this matter such or so much of their demands as he shall think just, of the allowance or disallowance of which or any part of same, said Creditors shall receive due notice. And all such Creditors, whose demands shall be disallowed either wholly or in part, shall at the peril of costs be at liberty to file charges in my office, in respect of the claims or amounts so disallowed, within one fortnight after they shall respectively have received notice of each disallowance.
Dated this 24th day of Nov., 1853,
WILLIAM BROOKE,
Master in Chancery.
OLIVE SPEER,
Solicitor for the Petitioner,
32, Lower Gardiner-street, Dublin.
IN CHANCERY.
In the Matter of RICHARD COOTE and others, Minors.TO BE LET from the 1st day of November inst., for Seven Years pending this Matter, several Farms of Land at present comprised in the Demesne of Bellamont Forest, also the Mansion House, with or without Land.
Proposals in writing will be received up to the 1st day of January next by the Receiver, of whom forms of proposal and all other particulars may be obtained.
WM. MURRAY, Receiver.
Cootehill, Nov. 22, 1853.
November 7, will be published, price Sixpence.
MOUNTNUGENT PETTY SESSIONS.
Saturday, November 19, 1853.Magistrates present, -- Somerset R. MAXWELL and __________ L'ESTRANGE, Esqrs.
The Police a. _______ MILLS, Clerk of the Petty Sessions.
Defendant was charged with being disorderly and drunk in the street of Mountnugent. Mr. HAMILTON, Solicitor, appeared for Mr. MILLS. The magistrates declined entering into the case at present, as it was a serious charge against an officer of the Court ; they postponed it til the magistrates who usually attended at petty sessions would be in attendance ' they were then unavoidably absent.
Mr. HAMILTON pressed the magistrates to hear the case, as his client was anxious to have it disposed of at once, as he considered it to be a malicious prosecution.
The case was ultimately postponed until the next court day.
The next case, which occupied a considerable time, was that of
John MAGUIRE a. John SMITH and others.
Mr. HAMILTON attended specially on behalf of MAGUIRE, and stated that this was a case of serious nature, charging the defendant with house-breaking and for assaulting the complainant, his mother, an old woman, and his brother, Charles, and for taking forcible possession of a house in which complainant and his mother resided, &c.;
John MAGUIRE sworn and examined -- Recollects the morning of the 17th instant ; John SMITH and his servants went to his house ; the door was fastened and bolted on the inside by an iron bar, which SMITH and his men forced, entered the house, beat and kicked complainant, cut him on the legs, tore his shirt of his back, and bruised and damaged him very much. The party also assaulted his brother, and dragged his aged mother out of the house, and took forcible possession of the house for which he was paying rent to Mrs. SMITH, defendant's mother, for the last four years.
Mr. SMITH could make no defence against this charge, but admitted that there was an agreement for rent at 30s. a year.
The magistrates consulted for a few minutes, and granted informations against Mr. SMITH and his servants, presentable to next Cavan sessions.
The next case was at the suit of the Police against several persons for unlawfully assembly (being on the Lord's day) at a place called Dungimmon, near Mountnugent, on the 18th September last.
The Police sworn -- Saw about 300 persons assembled ; and saw a blind woman playing the fiddle for the dancers at the gathering ; saw a number of persons going in and out of an old forge ; identified Peter LYNCH, an old man about 70 years of age, who told the Police that if he was then, as he was in early life, he would not be stopped so by them.
There were several others identified, as being of the party assembled at the pattern, on that day.
The Chairman, Mr. MAXWELL, rose up and cautioned not only the persons now concerned in this charge, but all others, from assembling on the Sabbath for like purposes, as it was at such illegal meetings, and improper assemblies, Ribbonism was got up ' and concluded by telling the parties now concerned that it being the first offence of the kind brought forward, they should be discharged ; at the same time warning them that in future the full penalty of the Law would be enforced for similar offences.
The parties withdrew, well satisfied with the Magistrates, and their own escape.
MARRIAGE IN HIGH LIFE.
At Ballyconnell church, county of Cavan, on the 22nd November, by the father of the bridegroom, assisted by the Rev. Henry ERSKINE, Willonghby(sic) George FOX, Esq., eldest son of the Rev. John FOX, rector of Kinawley, to Eliza Anne Jane, only daughter of the late Captain William John OTTLEY, of the 2nd Bombay Cavalry, and grand daughter of Brook Taylor OTTLEY, Esq., of Delaford in the county of Dublin.
A large party of friends and relatives were assembled on the occassion(sic), amongst whom were the Earl and Countess of Erne, the Rev. Frank SAUNDERSON, and Lady Catherine SAUNDERSON, Lady Charlotte CRICHTON, the Hon. Walter and Mr. ARBUTHNOTT, the Venerable Archdeacon of Ardagh, and Mrs. BERESFORD, Mr. and Mrs. VESEY, of Denbaid, Mr. and Mrs. Richard FOX, Mr. and Mrs. LENDRUM, Rev. Samuel and Mrs. ALEXANDER, of Termon, Rev. John FOX, and Mrs. POX (sic), of Kinawley, the Misses FOX, and the Misses BERESFORD, Mr. and Mrs. Gartside TIPPING, Mr. Brook OTTLEY, and Miss OTTLEY, Mrs. William OTTLEY, Rev. Charles and Mrs. FOX, Mr. and Mrs. Charles OTTLEY, Mr. and Mrs. Herbert OTTLEY, Colonel STORY, Captain GRANT, Mr. Warner OTTLEY, Mr. Vaughan JACKSON, Mr. SIMMS, Mr. George BERESFORD, Rev. Henry ERSKINE, Rev. Campbell JAMIESON, Messrs. Frederick HENRY, and Barry FOX.
After the ceremony, the numerous guests were entertained at a handsome dejeuner at Ballyconnell House, the residence of William H. ENERY, Esq., D.L., uncle to the bride ; soon after which, the happy couple left to pass the honeymoon, at S. HUBERTS, the residence of James SAUNDERSON, Esq., in the county of Fermanagh.
The name of an English ship, called Uncle Tom, has been changed to that of African, for fear that the Americans might have conscientious scruples against giving her freight.
THE CHOLERA. Three authenticated cases of asiatic cholera have been reported in Cork.
December 8, 1853
BIRTH.
On the 5th inst., in Enniskillen, Mrs. William BELL, of a son.
Dec. 4, at her residence, 38 (33?), Dawson-street, the wife of Mr. Robert E. GRADY, of a daughter.
MARRIED.
Nov. 26, Michael KENNY, Esq., solicitor, of Freigh Castle, Miltown Malbay, to Bridget, only daughter of the late Wm. FROST, Esq., of Ballymorris, county Clare.
At St. James’s Catholic Church, Brooklyn, by the Rev. Mr. CASSIDY, C. KIRWAN, Esq., of Brooklyn, to Ellyn Josephine KESHAN, and niece to the late Rev. Dr. O’SHAUGHNESSY, Roman Catholic Bishop of the diocese of Killaloe.
On Tuesday the 6th inst., at St. Thomas’s church by the Rev. Richard FITZELL, Augustus J. JONES, Esq., second son of Captain JONES, late of Rushen, to Ellen Elizabeth WEST, second daughter of J. P. ISDELL, Esq., of Rockbrooke, county Westmeath, deceased, and relict of Arthur Ormsby WEST, late Surgeon 99th Regt.
DIED.
November 29, of disease of the heart, the Rev. Dr. D’Arcy IRVINE.
Nov. 24, at St. Stephen’s-green, the Rev. Thomas Digges LATOUCHE.
In Dublin, on November 30th, John Clarke RANKIN, only son of the late John RANKIN, Esq., of Belview, near Enniskillen, aged 18, a promising young man, much esteemed in life by his friends and now deeply regretted.
On 6th December, at Drunpeen (Drnonpeen? Drumpeen? Drnonpeen?), Cottage, Mr. John KENNEDY deeply regretted.
Nov. 29, after a short illness, at his seat Stagdale, county of Limerick, Wm. MASSY, Esq., J.P.
IN CHANCERY.
In the Matter of Richard COOTE and others, Minors.
TO BE LET from the 1st day of November inst., for Seven Years pending this Matter, several Farms of Land at present comprised in the Demesne of Bellamont Forest, also the Mansion House, with or without Land.
Proposals in writing will be received up to the 1st day of January next by the Receiver, of whom forms of proposal and all other particulars may be obtained.
WM. MURRAY, Receiver.
Cootehill, Nov. 22, 1853.
November 7, will be published, price Sixpence.
FINAL NOTICE TO CLAIMANTS.
INCUMBERED ESTATES COURT.
In the Matter of the Estate of Belinda LIVINGSTON, the wife of Hertfort LIVINGSTON, Owner:
Exparte
Maria Lambert BUROWES(sic), continued in the name of Lambert MATIER and Henry MATIER her husband, the Rev. Joshua Lacy BERNARD, and William SHAW, Petitioners.
ALL parties interested are hereby required to take notice, that the Commissioners have sold the lands of Killyfanna, situate in the Manor of Clonandra, Barony of Tullygarvey and County of Cavan, held under lease for lives renewable for ever, and that the Draft Schedule of Incumbrances is now lodged in the Office of the General Clerk of this Court, and if any person have a claim not therein inserted and admitted, or any objection to said Schedule either on account of the amount or priority of any charge therein mentioned as due to him or any other person, or because he claims any lien on the purchase money or otherwise, Notice is hereby given that a statement, duly verified, of the particulars of such claim, objection, or lien, must be lodged by such person with the General Clerk of this Court, on or before the 6th day of January next ; and on the following Tuesday, the 10th day of January, 1854, at the hour of Twelve o’clock, the Right Hon. Baron RICHARDS, the Chief Commissioner, will give directions for the final settlement of said Schedule. And all persons interested are hereby further required to take Notice, that within the time aforesaid any person may file an objection to any demand contained in said Schedule.
Dated this 1st day of December, 1853,
HENRY CAREY, Secretary.HENRY S. MECREDY and Co., Solicitor for Petitioners, and having the carriage of the proceedings,
38, Summer Hill, Dublin.
CAVAN PETTY SESSIONS – Monday, Dec. 5.
Magistrates present : Theophilus THOMPSON, Robert BURROWES, and William SMYTH, Esqrs.
A BLOW FROM AN INVISIBLE HAND.
William SMYTH v. John REILLY, of Lativer.
Complainant was assaulted in MC. BRIDE’s house, in Cavan, and struck violently with a whip, and it a loaded one, from the effects of which he was long confined to the Infirmary in this town. Knew not who struck him.
Pat MC. BRIDE corroborated this evidence as to the blow ; but could not say who the assailant was. – He saw REILLY with a whip, and brought him to the police immediately.
Francis MC. CAHILL also saw the blow given by one standing in the doorway ; knows not who gave it.
Mr. THOMPSON, to witness. – I don’t believe a word you are swearing ; you are foresworn or perjured.
Complainant, to Mr. SMYTH. – Mc. Cahill never told me that it was John REILLY who struck me.
Mr. John ARMSTRONG, for complainant, examined MC. CAHILL minutely, but got nothing from him that could at all criminate(sic) defendant ; whereupon he called on the Bench to commit witness for contempt, despising the solemn word of God, &c.
Mc. CAHILL – It is hard, your worships ; I never was here before.
Complainant. – I knew him long, and never knew anything wrong of Mc. Cahill.
Mr. THOMPSON, to MC. CAHILL. – Why did you not go out when you saw SMYTH knocked down? If he had been killed, you would have been as guilty of his murder as the man who perpetrated the deed.
Informations were granted against Reilly, who did not appear ; and MC. CAHILL was given in charge to the dolice(sic).
SELLING FRAUDULENTLY-PREPARED, AND UNWHOLESOME MEAT.
Bernard WALLS v. John KEOGH.
This was a Market Jury case. Defendant was charged with selling blown veal, and the charge was founded on 14 and 15 Vic., cap. 92, sec 7.
Mr. WALLS examined. – Mr. KNOX’s servant bought a quarter of veal for the dogs, and left it at my house, where she was getting beef. She pointed out KEOGH as the seller. The veal was blown for Tuesday, and the blowing squeezed out for Wednesday, when the jury would have more time to look about them.
KEOGH said that advantage was taken of him by the Jury, in the absence of Mr. HINDS, who pronounced, when it was referred to him by the magistrates, that there was no wind in the veal, and, to the bet(sic) of his opinion, there never had been.
Mr. BURROWES, to WALLS. – Is fed veal ever blown? It is, where tere(sic) is no market jury in the town. – Do not butchers in Dublin keep bellows to blow meat with? I don’t know.
Serjeant MALLON, another of the market jury, said it appeared as if blown ; did not think it, therefore, unwholesome, unless to those who knew of the blowing. Would not like to eat the meat blown, though he did not know that it would do him any harm.
James KELLY, a third juror, sworn. – Does not know, except from Mr. Walls’s testimony, that the veal was blown. Could not say it was unwholesome, but would not like to eat it if he knew it was blown.
KEOGH, to WALLS. – Ah, Barney ! You’re not fit to be a market juror ; you should first get a scouring through some college.
The Magistrates dismissed the case, the majority thinking it came not under the act ; Mr. Thompson alone thought otherwise.
Bernard WALLS v. Edward, Margaret and Adam LOUDON.
This was a similar case. Mr. WALLS passing up the street saw some mutton on LOUDON’s block, which Edward, the son of Adam and Margaret, at once put into a basket ; he took it therefrom, and found it to be diseased.
Messrs. MALLON and KELLY corroborated him as to the diseased state of the mutton.
WALLS to Mr. J. ARMSTRONG – It was by gaslight I saw it ; LOUDON is a butcher like myself ; but I don’t grudge him what he does ; Edward was going away when I seized the basket, but on my oath it was on the block when I saw it first ; I swear that the defendants had the meat exposed for sale ; why otherwise would it be on the block?
Mr. ARMSTRONG – What do you call diseased meat? I’ll have nothing more to say to you; you are acting most extraordinary.
Mr. ARMSTRONG – I must have an answer.
Mr. WALLS – Get a butcher and I’ll talk to him ; I’m not fit to argue with you.
Mr. ARMSTRONG reiterated, and elicited that he called it diseased, because he never saw any animal in a worse state.
Mr. ARMSTRONG – Was it not only bad because it was too long kept?
WALLS – You are asking a foolish question.
Mr. ARMSTRONG – Was the sheep bled ? Never.
Mr. Armstrong – How do you know?
Witness – Ah ! how do I know ; why wouldn’t I know ; I have nothing to say about Adam or Margaret except that the meat was theirs and the stall theirs ; Margaret always sells there ; often saw Adam behind the block, but not on that day.
Mr. ARMSTRONG said he would go no further in the matter ; Adam and Margaret were clearly exempt ; and he would ask their worships to inflict a nominal fine on Edward, as he was a young boy, and this the first charge ; Margaret was not amenable herself, nor was the husband through her, except it was proved she was acting under his orders, and he was sick on the day in question.
The bench did not agree with him. The father should be proved ignorant of the sale by the son, and this was not done.
Mr. James KELLY suggested a nominal fine on the parties ; they were very poor, and the full fine would ruin them quite.
Adam LOUDON was fined in ten shillings or a fortnight in prison. The mother and son were discharged.
Mr. WALLS was then highly complimented by the bench for the service he had the public ; and the fine having been paid all the parties left the Court.
THE CLEANING OF THE STREETS.
The Commissioners of Cavan v. John and David PALMER.
The defendants had the contract for sweeping the streets, and failed to keep up to its terms.
Mr. Edward SMITH proved the contract given them from 1st August, 1853 to 31st January, 1854. They refused to sweep in the interim.
Defendants being charged as standing to the Commissioners in the relation of servants to a master.
Mr. HAMILTON denied that this relation could be maintained in the case. It was not an individual but a body corporate that engaged them ; not their whole time, but only two days in the week did they belong to the Commissioners, and this was enough to upset the idea of the relation alleged. The majority of the bench agreed with him, and said that it was by civil bill, as Mr. HAMILTON suggested, not by summons that the Commissioners should proceed. They therefore dismissed the case.
THE SPRIGGING SYSTEM
Edward Lennox SLOANE v. Mary DONOHOE.
Mr. SLOANE stated his case. He had given materials to the defendant, which she returned to him on 18th November in an unfinished state. He appealed confidently to the act, which was most explicit on the subject.
Defendant said she got two pieces, and having done one of them sent it by her sister to Mr. SLOANE, who, instead of paying for it, beat the messenger, for which act their worships fined him a fortnight ago.
Mr. SMITH to Mr. SLOANE – Is that true?
Mr. SLOANE – It is, but what has that to do with the act ? I confess I can’t see.
(Here he quoted the act at length.))
The magistrates ordered the girl to do the work within eight days, and if she was not paid for it to summon Mr. SLOANE.
Plaintiff – Am I to get my costs?
Bench – What is the value of the piece when done ?
Plaintiff – Sixpence.
Bench – Oh ! let the summons be withdrawn.
Some trifling cases were disposed of and the Court adjourned.
KELLS ANNUAL STEEPLE CHASES.
The Kells annual steeple chases came off on last Thursday, over a very bad course, adjacent to the Hill of Lloyd. The ground run over was nearly fetlock deep, and the fences (of which there are 14 in three miles) large and dangerous.
Just as the start took place for the Selling Race, the Stand-house (on which there were upwards of 300 person) gave way, carrying down the majority of its occupants, several of whom were severely injured, as were also those underneath in the refreshment room. One of the waiters sustained such serious injuries that but little hopes are entertained of his recovery. A gentleman, named ARMSTRONG, had his leg broken in two places.
The following is a return of the running : -- Kells Borough Challenge Cup, value 100 sovs., with 80 added. 3 miles. Second horse to save stakes.
Mr. Ellis’s Jumpeway, by Blackfoot, 6 years, 9st 4lb. (J. Hanlon)
Mr. Cassidy’s Madeline, 5 yrs, 10st 3lb
Mr. Roche’s, The Bedouin, aged, 9st 10lb.
Mr. Cassidy’s Jenny Lind, Mr. O’Rorke’s Garryowen, Mr. Seery’s Wheeler, Mr. A. M’Donagh’s Tom Moody – not placed. Mr. Coghlan’s Kate, Mr. Donegan’s May Boy, and Mr. Blake’s Irish Nancy – paid. Betting – 2 to 1 agst Jumpaway, 3 to 1 agst Bedouin, 3 to 1 agst Wheeler, 4 to 1 against Garryowen. 5 to 1 agst Madeline. Jumpaway won cleverly by 2 lengths.
Selling Race – 40 sovs, added to a sweepstakes of 8 sovs each. Weight for age. Second horse to save stake.
Mr. Delaney’s b m Echo, 6 yrs, 10st. 10lb. 1 1
Mr. Blake’s bk m Irish Nancy, 6 yrs, 10st. 11lb. 3 2
Mr. Wilkin’s b m Merlin, 5 yrs, 11st, 3lb. 2 0
Mr. M’Donagh’s Lady Cecilia, 4 yrs, 9st 10lb. 0 3
Mr. S. Hudson’s ch m Isora, 5 yrs, 10st 7lb. 0 dr
Mr. Taaffe’s b c Louth, 4 yrs, 10st 0 dr
Mr. Cassidy’s Madeline, Mr. Doyle’s Komorn, Mr. Bell’s gr m Flight, Mr. M’Keon’s br m Little Queen, Mr. Newman’s bk m Ellen the Fair, & Mr. O’Rourk’s b g Garryowen – paid.
Betting – First heat, 5 to 2 agst Welfare, 7 to 2 agst Merlin, 3 to 1 agst Irish Nancy. Second heat, Even on Echo. Both heats won cleverly.
The Ladies’ Purse was not started for.
SERIOUS ACCIDENT TO GENERAL MACDONALD. A very serious accident occurred to this officer on Friday in Patrick-street, in this city. He was riding along the street in company with a number of gentlemen who were attending the meet of the Kilkenny Hounds, which having ridden close to Mr. Clementine Sadler(?), the horse of the latter (a large and powerful animal) suddenly lashed, and striking General Macdonald above the knee, fractured the thigh bone. So sudden and melancholy an accident produced the most profound sensation amongst all present, and the sufferer was removed upon a littler, with all possible dispatch, to his residence at Kilcreen, near this city, where he now lies under medical treatment, and is progressing favourably. – Kilkenny Journal
December 15, 1853
BIRTHS.
At Awburn, county Cavan, the wife of Richard FOX, Esq., of a daughter.
Dec. 12, at Kilkea, county Kildare, the Marchioness of Kildare, of a daughter.
DEATHS.
Dec. 10, aged 75, Margaret, relict of Wm. BASHFORD, Esq., of Carrickmacross.
December 13, in Gardner's-place, Francis MEAGHER, Esq., barrister-at-law.
Dec. 12, in Mountjoy Square, Dublin, Penelope, second daughter of James MAJOR, Esq., Q.C.
At a meeting of the Committee of Management of the Cootehill dispensary on Monday last, the salary of Dr. SHARPE, the medical officer, was raised to £85, being an increase of £15 on his previous annual income from the institution.
TERRIBLE DEATH. -- A poor woman, named Letitia MOORE, residing in the neighborhood of Kilnaleck, in this county, fell last week into the fire, in an epileptic fit, and was dreadfully burned in the upper part of her body before she was rescued. The part that was affected was reduced almost to a cinder. She was brought into Cavan Union Infirmary, and died there of gangrene the day after her admission.
We have just learned that a most respectable parish priest in this diocese, living pretty convenient to Cavan, has been served with a threatening notice. As we do not know that the reverend gentleman would wish the matter to be made public, we will not give his name just now, though it has been made known to us. We commend this paragraph to the special attention of the Newry Telegraph, for its next "State of the Country" column.
Just as we were going to press the death in this town of ________ HORNE, Esq., Paymaster for the Drainage Commission in this district, was reported to us. Mr. HORNE was, we understand, a native of Madeira, and for several years of his life served as Assistant Commissary General to the British Forces in the West Indies. He has been ailing ever since he came here in July last, but was not confined to his bed until within the last three days. The immediate cause of his death was disease of the kidneys. We have been informed that there is no clue to any of his friends living in those countries, that they might be informed of his decease. Most of his relatives reside at the Cape.
December 22, 1853
BIRTHS.
Dec. 13, in Belturbet, the wife of B. W. O'DONOVAN, Esq., M.D., of a son.
Dec. 13?(15?), at Rutland House, Belturbet, the wife of T. J. MULVANY, Esq., of a daughter.
MARRIAGES.
Nov. 15, in New York, Mr. Bernard RAFFERTY, formerly compositor on this journal, to Fanny, daughter of James VEITCH, Esq., of Killeshandra.
Dec. 13?(18?), in the parish Church of Newry, James M. WILSON, Esq.., of Eccles street, Solicitor, to Louisa, daughter of the late Usher CLARKE, Esq., of Carrick on Suir, Tipperary.
By special license, Wm. W. LEE, Esq., late 57th Regiment, to Bessie? (Bessale?)(Bedale? Bessle?), second daughter of Michael GALLWEY, Esq., R.M., Abbeyfeale.
DEATHS.
Dec. 14, at Kensington Terrace, Rathmines, Mary Anne, relict of Wm. GIBSON, of Lodge Park, county Meath, Esq.
Dec. 13, at St. Leonard's on-Sea, the Dowager Lady HOWDEN, aged 80.
FIRE IN CAVAN. -- A fire of rather an alarming character broke out last night, about half-past eleven o'clock, on the premises of Mr. J. MAGINNISS, baker and grocer, in this town. Mr. Maginniss states to us that he locked up his premises about half-past nine o'clock, and that from that time none of his servants had access to them. He is quite unable to account for how the fire could have arisen, but may possibly have said something in explanation, when he mentioned the fact, that the proprietor of the mail-car to Arvagh, who got the carriage by competition some weeks ago, had stabling for his horse with him. The house in which the horse was, first appeared in flames, and the animal himself was partially, and the harness with which he was equipped totally burned. This certainly savours of malice, but of ourselves we know nothing in the matter ; we merely report the statement that has been made to us. Three houses, with a lot of hay, a bread=cart, and the body of a family car, to the value of upwards of 100£. were consumed on Mr. Maginniss, whose premises were not insured ; and it is owing to the most praiseworthy exertions of the constabulary and a body of the 27th regiment, under the efficient superintendence of Lieut. WARREN, who acted more as man than master on the occasion, in directing the engine which was brought from the barracks, and animating those, who were present, that Mr. Maginniss's entire property, and a large part of the town of Cavan was not consumed.
We are grieved that it falls to our lot this day to announce the decease of Michael BABINGTON, Esq., one of Her Majesty's Commissioners for taking affidavits out of the courts in this county. To all about Cavan, and, indeed, in the range of the entire county, his death will be deplored as a real loss. By his urbanity and general courtesy of demeanour to all who approached him, he made himself an universal favourite ; while, by his entire abstinence from every topic that could dissatisfy, he contrived never to lose a friend. We doubt if there was within a long distance of Cavan, one who knew our local history better, or who paid more of attention to the descendants of the old families, in whatever station of life he met them. Mr. Babington was in his seventieth year, and in losing him Cavan has been deprived of one of the oldest and most respectable of her stationary inhabitants.
CAVAN PETTY SESSIONS -- MONDAY, DEC. 19.
Magistrates present -- Theophilus THOMPSON, Abraham BRUSH, ---- HOLMES, R.M., Edward DOPPING, R.M., Esqs.
George ARMSTRONG v. Michael REILLY and Others.
Mr. John ARMSTRONG stated the case : it was a most important one ; a foul injury had been done to his client, an honest and innocent man, who was forcibly deprived of his lawful property by the violence of the defendants. He threw himself on the protection of the Bench, and asked them to throw over him the shield of the law.
Mr. Edward M'GAURAN, who, with Mr. William HAMILTON, appeared on the other side, insisted on a postponement of the case. "He, Mr. M'GAURAN, could wish that it was in his power to go on at once, and he would expose to their Worships as nefarious a case as had ever come before them. He never knew a greater cheat than had been perpetrated by honest Mr. ARMSTRONG, and a cleverer deception he never knew than that which his innocence attempted to practise. He could well put the case on its merits, but the proper witnesses were not present. His client had come in for summonses for them at the earliest hour he could on Saturday morning, having been summoned himself only at a late hour on Friday ; he could not get them then, and now could not safely go to trial wanting his evidence.
Michael REILLY was sworn, and proved his inability to have the necessary witnesses there, and also the great importance to him of their testimony.
Mr. John ARMSTRONG -- Your Worships, there will be no Court this day fortnight, as the quarter sessions will then be going on. What is to become of my client's property in the mean time?
Mr. M'GAURAN -- What do you mean by your client's property ; do you anticipate the decision of the Bench ?
Mr. THOMPSON -- Oh ! ARMSTRONG having made the claim, it is to be presumed that the property is his until it has been otherwise decided.
Mr. M'GAURAN -- With all respect, such a presumption would be grossly wrong ; if there is to be one at all, his possession of the goods should secure it for my client.
Mr. THOMPSON --- Had not the defendant time enough to procure summonses if he had been in early on Saturday?
Mr. HAMILTON -- The defendant has sworn that he used all exertion ; to contravene his oath more than supposition is necessary. When I came to my office on Saturday morning I found REILLY had been there before me, and already made application for the summonses, first to Mr. M'CABE, and then, by my advice, to Captain ERSKINE, whom he asked to allow an ordinary person to serve them, when the proper officer was otherwise engaged.
Mr. M'GAURAN -- Besides your Worship, it is clearly a case of disputed title, (here he stated his case as it came out in evidence,) and out of your jurisdiction.
Mr. DOPPING quite agreed with Mr. M'GAURAN. It was to be the subject of a civil not of a criminal action.
Mr. THOMPSON -- Yes and it may be indictable ; if, for instance, it is sworn that REILLY stole the flax.
Mr. HAMILTON -- Even honest Mr. ARMSTRONG (I don't mean the solicitor) will not plump that.
The solicitors for the defendant then agreed to enter into the case, certain that they could shew it beyond the limits of the Bench. While Mr. M'GAURAN also contended that if informations were granted, his Worship would say at once, there is a process pending in this case at the suit of the prisoner -- one which involves the whole case to be tried here, put him out of the dock, he should never have been here.
George ARMSTRONG was then sworn and examined by Mr. John ARMSTRONG: Bought all defendant's property on 1st December, knows the flax in SHERIDAN's garden, got that from defendant through Bernard REILLY his brother. The £40 he paid included that flax as well as the rest. Recollects Michael REILLY stating to Mr. FAY's bailiff's seizing on him under a decree that that flax was Mr. ARMSTRONG's. Whereupon the bailiff withdrew the seizure. On the 3d December he put me in possession of his entire property and house. Saw him take nothing however from me.
Cross-examined by Mr. M'GAURAN -- Mr. ROBINSON wrote the receipt, he is a lodger of mine, it was drawn about 3 o'clock ; no drink then, on my oath REILLY was sober when he signed ; could stand on his feet, was capable of knowing what he was doing. Was sober as I am now. I got for the £40 a jaunting car and mare, which were then in Belturbet. In case they did not come home I was to get the flax in the field. But they came home, and I got them. There was about two lbs. weight of flax in REILLY's house. On my oath, (after wonderful hesitation), I'd take £40 for all the property I got from REILLY. Part of the flax was taken last Friday. I was served with a process before that for £40 by REILLY. About eight o'clock he took the flax. I was not there at the time. On my oath he stole my flax.
Re-examined by Mr. ARMSTRONG -- In the sum of £40 he got payment of the flax from me. It was for £14 I gave first that I was to get the mare and cart, or, in lieu of that, the flax, but I was to get everything he had, if Mr. HUMPHREYS agreed to accept me as a tenant, on payment of £40.
Cross-examination continued -- REILLY always disputed that the flax belonged to me. It was given to me, but that was when I got it in place of the horse and car.
Mr. DOPPING thought the whole a subject of civil action and not for criminal.
Mr. THOMPSON agreed, as did the other magistrate, so the case was dismissed for want of jurisdiction.
Thomas PATTERSON v. Mary and Louisa REILLY
Mr. PATTERSON applied for protection from the vile and disgraceful language used against his family by the defendants, who lived opposite his door, and were incessant in their virulence.
Thomas PATTERSON examined by Mr. J. ARMSTRONG -- knows the defendants. If they continue to insult my family as they hitherto have done a breach of the peace must ensue. They threatened to scald my children, they spat at them. The parties who come into my house are abused as well as my own family.
The defendants alleged that they were abused as well.
The Magistrates said this did not justify their conduct. Let them look for redress and not take it.
They were then bound themselves in £10, and to find two securities in £5 each, that they would keep the peace for twelve months. And they were also admonished that the peace could be broken by words as well as by acts.
State of the Workhouse for the Week ending 17th of December, 1853.
STATE OF THE FUNDS.
Collected and Lodged during the week £364 15 0 Paid during week 92 11 1 Balance in favour of the union £416 6 5 STATE OF THE HOUSE.
Remaining last Week 488 Admitted since 23 Born 0 Total 511 Discharged 64
December 29, 1853
CAVAN UNION.
The Board of Guardians of the above Union desire to inform Rate-payers that a Revision of the Valuation is about to be made ; and in any instances in which changes have taken place in holdings, or where different names are required to be entered in the Rate-books from those now inserted, such persons should forward a statement of such changes as they require to have made to me, up to the 1st day of February next. (By Order,) BLANEY GRIER, Clerk of the Union. Board-room, 27th Dec. 1853.
MARRIED.
Dec. 22, in Anne's Church, Belfast, by the Rev. J. MILLAR, Edward M'COLLUM, Esq., of Tullyvin, to Mary, second daughter of the late James SHARPE, Esq., Killsclare, county Cavan.
DIED.
Dec. 28, at Ballynagh, in this county, Mr. Robert S. GARVAN, aged 38? (33? 28?) years.
County Cavan Newspaper Transcription Project
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