Anglo-Celt
Published in Cavan, county Cavan
April 6,
1854
CAVAN QUARTER SESSIONS
Thursday, March 30th.There were on the bench, the Assistant Barrister, Messrs. BURROWES, THOMPSON, SMITH, ERSKINE, J.P.'S, and DOPPING, R.M.
About 11 o'clock the following gentlemen were sworn on the Grand Jury:--
Thomas HARTLEY, Countenan; Edward KENNEDY, Cavan; Wm. Moore BLACK, Cavan, Alexander KETTYLE, Cavan; Thomas MALCOMSON, Toher; Peter BRADY, Cavan; Francis M'CABE, Cavan; Wm. FARIS, Cloggy; John WARREN, Bruce-hall; James KILROY, Turin; Samuel KENNEDY, Springfield; John LOVE, Creamfield; James KELLY, Cavan; John MOORE, Ballymacarue; Henry DOUGLAS, Cavan.
His Worship addressing them said--Gentlemen of the Grand Jury, I have to tell you that the cases for your consideration are of a light character......
His Worship then proceeded to hear
APPEALS
HUNTER appelant, Head-Constable GRAINGER respondent.This was an appeal from a fine struck from having false weights, on 13th February, at his mill at Claddagh, Ballyjamesduff.
Head-Constable William GRAINGER proved to finding weights which were light.
Cross-examined by Mr. John ARMSTRONG--Compared them with the standard sent to the police; found them in the mill beside the scales, but saw Mr. HUNTER doing nothing with them.
Mr. John Armstrong stated that the weights surely belonged to Mr. HUNTER, but as he was paid in a towel or quantity of meal, not in money, the false weights should tell against himself as much as against any other. The magistrates would not even hear his explanation, but fined him £2 10s. He relied on the wording of the act, which imposed a fine for light weights used in "selling" but did not use that word when it imposed a penalty of forfeiture only--clearly Mr. HUNTER did not sell.
His Worship, referring to the act, said it was sufficient that they were "had"; and, as he was inclined to put down such gross robbery on the poor public, he would affirm the conviction with twenty shillings costs.
SAME v. MONAGHAN
A similar charge, similar defence, and similar result.
CROWN BUSINESS
Denis O'NEILL, who was quite deaf, pleaded by his attorney, S. N. KNIPE, Esq., not guilty to taking forcible possession of a garden, and in a second county for assault; he was convicted for the assault, and fine sixpence.
The following gentlemen were then sworn as a Petty-Jury:--
Samuel PRATT, John TISDALL, Ralph FOSTER, Robert RAMSAY, Hugh BRADY, Joseph TREVOR, James KELLET, James BROWN, Samuel RAMSAY, John M'COLLUM, and Charles KENNY.
John LYNCH was given in charge for having at Clifferna, on 17th February last committed a rape on Catherine MULLIGAN.
Catherine MULLIGAN sworn--Lives in Clifferna; recollects the 17th February, the fair day of Stradone; was there; knows the prisoner; he lives in the mearing with her; he was at the fair; witness saw him there; Clifferna is two and a half miles from Stradone; left the town at twelve o'clock with Mrs. FITZSIMONS, her son, and the prisoner; there were also others with them; Mrs. FITZSIMONS and one M'GAURAN went first; prisoner and young FITZSIMONS followed them; at a turn all the company left except the prisoner, who went for half a quarter of a miles on the road with prosecutrix; LYNCH then left her at the turn in his own house; she went alone towards her own house; LYNCH followed her and overtook her in about a quarter of an hour, when he seized her by the hands and effected his wishes, though she resisted him all she could; he then left her, when Andrew BRADY came up, having first taken her purse with 1s. 6d. in it; when BRADY left her LYNCH came back and begged her not to discover; witness answered nothing; when the offence was being committed witness shouted all she could, there was a house at some distance; told her mother and the priest next day what had happened; did not go before a magistrate for eight days; went also to Mr. BURROWES, and to him first.
Cross-examined by Mr. M'GAURAN...
Ellen MULLIGAN examined by Mr. TULLY--Is Catherine's mother; the prisoner came to the door with her, but did not come in.
To a Juror--Saw her daughter's cheek a little scraped as if with nails, next day; the mark was black; it remained a day or more
Owen MULLIGAN examined by Mr. B. ARMSTRONG--Saw a mark on his sister's cheek...
Andrew BRADY examined by MR. Edward M'GUARAN--Remembers the night in question; saw LYNCH and her on the road together as he came up; LYNCH went into the field, and then turned back, and then went down the lane together to her mother's house....
Rose M'GAURAN examined by Mr. William HAMILTON--The evening after the fair at Stradone was sent for by Catherine MULLIGAN, who told her that John LYNCH had been home with her, and stopped all night in her mother's house; next day she also sent for witness and told her that LYNCH had abused her.....
Cross-examined by Mr. TULLY--Her husband is servant to LYNCH's uncle; the bonnet and mantle she wears belong, the one to prisoners sister, the other to his mother, but she came not here to answer such questions.
(More examination and cross-examination)
Robert ERSKINE, Esq., J.P.--The prisoner came in and surrendered himself to him.
The Barrister, then proceeding to charge the jury, said--
Gentlemen of the Jury--You are to consider was there connection of the prisoner with GALLIGAN (sic). Prosecutrix swears there was had. Rose M'GUARAN swears LYNCH denied. You are to consider all these things. The mark on the cheek would seem to imply violence, whereas the dirt on the clothes would only sow a connection. If you doubt as to the fact of the rape, you can say not guilty of rape, but guilty of an assault with intent to commit one. Gentlemen, you are now to consider your verdict.
The jury retired, and after about an hour's consideration, returned with a verdict of "Guilty".
THE DAY BEFORE THE WEDDING
Rose MALLOY was charged with having got from Miss GIBSON, of Ballyjamesduff, certain goods of wearing apparel, to a large amount "on pretence that they were for Miss HOGG of Fintervin, and purporting to have an order in writing from said Miss HOGG, which in reality was forged.
The prisoner stated that she wanted some articles to appear in at her brother's wedding, and intended to pay for them soon after. Miss GIBSON had sustained no loss from the transaction, for she was paid for all that was damaged on her in any way.
Mr. TULLY, Solicitor, and Miss GIBSON bore testimony as to the prisoner's respectability and previous good character, and Mr. KNIPE, who had been employed by her friends, said that if he could have induced the prisoner to plead not guilty, he was certain that she would have been set free.
The prisoner was fined 20s. or two weeks in gaol. The fine was paid at once.
ALLEGED BREACH OF TRUST.
Michael KENNY was charged with having stolen from Mr. James KELLY, of Cavan, one bank note, value 1l. and one pair of scissors, and in another count, for having them in his possession, knowing them to be stolen.
The following were sworn on the jury:--Charles KENNY, Samuel PRATT, Robert RAMSAY, Samuel RAMSAY, Hugh BRADY, James KELLET, John TISDALL; Ralph FOSTER, Andrew PRATT, John MATCHET, Robert VANCE, Edward CAFFRAY.
James KELLY examined by MR. B. ARMSTRONG--The prisoner was his shopman since October 1852; lost different sums of money since then; placed a marked pound note in his till on one occasion; "Phil M'CABE" and another name were written on it--a note produced--that is the note I put in the till.
To the Court--Knows not what handwriting "Phill M'CABE" is in.
Examination resumed--There were other monies in the till at the time; the prisoner had access to it; it was on his side of the counter; took twenty shillings in silver out of the till when he put the note in; received 24 l. 1s. 6d. as the proceeds of the shop that day; when placing the pound in the till there were already fifteen pound notes there; received just fifteen notes in the evening altogether; the note produced here was not amongst the fifteen he received; about seven o'clock there were 24 l. 11s. 6d. in the tills.
Court--What did you do when you found the note not appearing?
Witness--I did nothing, your worship.Examination resumed--I had prisoner summoned before the magistrates for 13th March for having been drunk and absent from my house; prisoner had trunks under lock and key in his bed-room; he had no access to the room after the 9th March.
To the Court--I got no search warrant to look into his trunk.
Examination resumed--With Constable JOHNSTON, I searched his trunk, and found there eight notes, including the marked one, and in a locked box a pair of scissors; found in the handwriting of prisoner a book in his travelling-bag wherein he debits himself with monies received from me;....
(Examination and Cross-examination)
Constable JOHNSTON--When I took the notes out of the trunk I lad them down according as I took them out; I first laid down the front of the note, and he passed it over; I then took out a second, when he called for the first, and looking at the back of it said it was him mentioning the endorsing, and then looking at the front of it said he knew it as being of a Carlow and Kilkenny bank.... Pat. DENNAN--Is Mr. Kelly's servant; recollects Saturday, the 11th of March, when prisoner gave the keys of his trunk to bring into the servant girl, who would take eight pound out of his trunk and bring it to him. This was after the summons was served; the girl would not go up.
John REYNOLDS--Is shopman of Mr. Kellys; ........
The Crown closed here.
MR. KNIPE, for the prisoner, then said--Gentlemen of the jury, the issue to the prisoner is his all, far exceeding one pound, or 50l., for he has no means of living but by his character, and that is new assailed-- assailed, I may say, in a most extraordinary way....The prisoner will not ask you to acquit him, as if his guilt was doubtful, he must be acquitted on the facts. He came in '52 to Mr. KELLY a young man, with the very best characters, and was taken upon them. He so pleased his master that his wages were more than doubled...Mrs. KELLY gives him her private credit book, and she will swear to you that there was never a penny wrong in his accounts....Mr. Kelly's conduct from beginning to and such as to make you believe that his is a straightforward take, that it has not left a doubt of the prisoners guilt? If you say it has, I will be satisfied. You believe it has not you will acquit my client.
MR. KNIPE then proceeded to call witnesses: John LOVE; James REILLY, Farnham Arms Hotel; Mrs. KELLY; Messrs M'CANN and M'CABE (all testifying to prisoner's good character).
His Worship then proceeded to charge the jury. The whole question was whether it was certain that KELLY had put that note into his till, for if so, guilt had been brought home to the prisoner. The high character of the prisoner should weigh with you, if you have any doubt on the matter, and the high character of Mr. KELLY, which you must all know, is also to be considered, for gentlemen I can see no medium between this story being completely true, and Mr. KELLY being a perjured man. I think there could not have been a mistake in the matter. Was Mr. KELLY's proceedings like that of an intelligent man? he never says a word of the marked note until it is found. Suppose Mr. KELLY not the honourable man he has been stated to be, and would find the prisoner guilty? The jury could not agree.
Patrick KEEGAN, for larceny from Mr. Robert VANCE, or Arvagh, pleaded guilty.
Joseph BRADY for stealing a miniature portrait. Guilty. One month's imprisonment.
There being one or two other cases but they were of a quite unimportant character.
RULE OF COURT WITH REGARD TO INSOLVENT DEBTORS
- Thomas VEITCH -- Adjourned to next sessions.
- John DONNELLY--Petition dismissed.
- Edward SHERIDAN--Petition dismissed.
- Edward COYLE--Petition dismissed.
- Patrick LAHEY--Adjourned to next sessions on application of insolvent.
- James CLARKE -- Petition dismissed.
- Philip M'GINNEL--Adjourned by consent to next sessions.
- Philip LEDDY--Discharged. Assignee appointed--Andrew SMITH.
- Alexander ESKINS--Discharged. Assignee appointed--John M'DONALD.
- Andrew CUSACK--Remanded for 8 months at suit of Joseph BOYCE and Co.
- Patrick M'ELROY--Discharged. Assignee appointed--Philip M'ENROE.
- Thomas FLINN--Discharged. Assignee appointed--Robert YOUNG.
COOTEHILL QUARTER SESSIONS
APRIL 5th, 1854Justices present--E. M'INTOSH, J. VERKER, R.M., Lieutenant Colonel CLEMENTS, Theophilus L. CLEMENTS, Esqrs. Grand Jurors--Patrick HORAN, Thomas FAY, John BERRY, Joseph ADAMS, John MARSDEN, William MAXWELL, Thomas HALL, Edward MAHOOD, Charles M'COMB, Edward SHARP, Richard BROWN, Peter GARTLAN, Phillip SMITH, and Edward COONEY, Esqrs.
Petit Jury.
John FAY, Nicholas BRADY, Michael BRADY, Edwd. GARDENER. Daniel GARDENER, Elias GIBSON, William GIBSON, Hugh M'FADDEN, James PRIOR, John ROUNTREE, Walter ROUNTREE, James WALLACE.
Thomas GAYLEY--Larceny of a handkerchief the property of Thomas M'CULLAGH, also receiving having some, knowing it to be stolen; three months hard labour;
Mary WOODS--Larceny of a pair of slippers from Edward COONEY, one month hard labour.
Judith FORD, larceny from the person of Henry JOBSON, six months hard labour;
James CONNOLLY, larceny of flax and one sack, the property of Elizabeth HAWTHORN, not guilty.
IN CHANCERY
Thomas GORE, John SANKEY, and Frances, His Wife, James EXHAM, Pinefoy TURBETT, and Sophia, his Wife, Anne GORE, Spinster, John Ribton GORE, and the Rev. Benjamin Wilson EAMES, Plaintiffs.
Robert BURROWES, James CAULFIELD (now deceased), and Emelia Olivia, his Wife, Robert BURROWES, and Anne BURROWES, his Wife, Francis BURROWES, Honoria BURROWES, and Robert BURROWES, and Robert BURROWES, and Mary Anne Cecilia BURROWES, minors, and Robert GORE, and George GORE, Defendants.
PURSUANT to the Decree in this Cause, bearing date the 6th day of July 1853, I require all persons having charges or incumbrances affecting the term of 300 years in the marriage settlement executed on the marriage of Robert BURROWES, with Susanna SEWARD, dated the 3rd day of October, 1847, and in the pleadings in this Cause mentioned in all that and those, the Town and Lands of Dronminagh, Droghdage, otherwise Droghdargie, otherwise Drughdurge, otherwise Drughderge, otherwise Brighdergie, Rahellagh and Lissachano, other- wise Lissachacke, Fergilligs, otherwise Fergillags, othersie Fergillisk, Dronumcroe, otherwise Drumcrow, Knockmoorke, Carrowdarraliese, otherwise Crodialiest, otherwise Aghrim Lower, otherwise Gortskeagh, otherwise Kilduffe, otherwise Aghernenaragh, Pollcrea, otherwise Lisbehedrane, otherwise Tonyrubble, otherwise Tonygrabbal, otherwise Cassi-da, otherwise Clear-Coolenalia, otherwise Gogagh- clomany, otherwise Pollopatrick, otherwise Clany, otherwise Corne- gorgesse, otherwise Corduffe, and Loghill, otherwise Clontenant, Sharaghadone, otherwise Stradone, and the Customs of the Fairs and Markets thereof, on the Lands of Lisnona, otherwise Lisnenanagh, other- wise Lisnenany, Coronary, and Drumlaunet, being subdenomination of said Lands of Shrahadone, Clonlarge, otherwise Clonlargane, and Ross- chelle, otherwise Rosschiell, situate in the County of Cavan, formerly the Estate of the said Robert BURROWES, deceased, and now the estate of the Defendant, Robert BURROWES, to come in before me, at my Chambers, on the Inns'-quay, in the City of Dublin, on or before the 15th day of April Next and proceed to prove the same, otherwise they will be precluded from the benefit of said Decree.
Dated this 8th day of March 1854.
WILLIAM BROOKE.
John COLLUM, Solicitor for the Plaintiffs.
BIRTH
On the 2nd instant, at Drum, County Monaghan, the lady of John TAYLOR, Esq., M.D., of a daughter.
MARRIED
March 30, at St. Peter's Church, by the Rev. C. M. FLEURY, Bernard COYNE, Esq., M.D., F.R.C.S.I., of Cavan, to Eliza Frances, third daughter of George WALSH, Esq., deceased; late of Her Majesty's 45th Regiment.
On the 3d March last, at Brooklin, New York, by the Rev. Mr. JOHNSTON, James SWAN, Esq., of No. 150 Prospect street, in that city, eldest son of Robert SWANN, Esq., of Dromore Lodge, county Monoghan, to Miss Mary SWANN; late of Cotehill, only daughter of James SWANN, Esq., of Crosston House near Drum same county (Note: the spelling of the names are as appear in the article)
COOTEHILL PETTY SESSIONS
SATURDAY, MARCH 24These sessions were held this day before the following magistrates, viz.:-- Samuel Rutherford MOOREHEAD, Esq., (chairman), Lieutenant-Colonel H. F. CLEMENTS, John VEEVERS, Esq., R.M.; Edward M'INTOSH, Esq., and T. L. CLEMENTS, Esq.
There was considerable interest evinced to learn the result of a prosecution instituted by Head Constable William GIBSON of Cootehill, ex-officio inspector of weights and measures for that district, and which had pending for two previous petty sessions court days, for having about 5 tons weight of unadjusted weights of various sizes in their possession: against Charles MURPHY, proprietor of Newgrove Mills; Wm. WORTHY, proprietor of Lisagone Mills; Patrick CADEN, Proprietor of Lisnasle Mill; Wm. MARSDEN, of Drumsilla Mills; James SMITH, of Knockatudor Mill, Owen SMITH, of Gorteen; David HALL, of Coppeanagh; Owen FAY, of Lisboduff; John FAY, of Killeerenagh; all mill owners, and John LUSDALE, of Loughgall, and Wm. FOWLER, of Brookborough, butter-buyers. There were some more defendants, but as the charges against them were dismissed, it is unnecessary to say of anything about them. The parties mentioned above, however, were fined in the sums attached to their names respectively, in addition to costs and the forfeiture of their weights. Charles MURPHY, of Newgrove Mills; James SMITH, of Knockatudor; and John FAY, of Killcrenagh, 1l. each; Wm. WORTHY, of Lisagone; and David HALL, of Copenagh, 15s. each; Wm. MARSDEN, of Drumsilla; and Owen FOY, of Lisboduff 10s. each; Patrick CADEN, of Lisnaclea, 2s. 6d.; Owen SMITH of Gorten, 6d.; John LONSDALE, of Loughgall, county Armagh, 5s; and Wm. FOWLER, of Brookborough, 2s. 6d.; A poor man of the name of Wm. BRUSH, a dealer residing at Ballyhaise, brought in his weights to be adjusted, and were found to be quite correct.
SPRIGGING
A little girl, of the name of Marget SMITH, Corfad. (who was attended by her mother), summoned Robert M'CARTHY, a sprigging agent, or as he designated himself, a sewed or worked and embroidered muslin agent, who resides in Cootehill, for the sum of 1s. 6d. for work she deposed to having executed for him, but which he refused to pay for, offering only 2d. or 4d. for same as he alleged it was not properly executed. Mr. M'INTOSH, one of the magistrates, stated that having heard an altercation between the parties, in the street, on that day fort- night, he endeavoured to settle the matter between them, but without success; as having advised Mr. M'CARTHY to give the little girl 9d., half the sum she demanded, and have done with her, he declined to do so; hence the present summons; defendant having been asked by the chairman if he would even now give the little girl that sum, he stated he would not, but that as there was a clause in an act of parliament, I believe the 5 and 6 vic., cap. 10, which authorised the magistrates, if they saw fit, to refer such disputes to arbitrators--he would consent to have the case so referred. The bench declined to accede to his proposal, as it would be difficult to procure a person who understood such work, save a brother agent of his, and that acting under the authority of the petty sessions act 14 and 15 vic., cap. 93, the bench would grant a decree against him for 9d., the sum Mr. M'INTOSH awarded the complainant, together with costs. On hearing this, Mr. McCARTHY stated that in consequence of the decisions of the Cootehill petty sessions magistrates in this and similar cases, it was the intention of his employers to withdraw him as their agent, and their business from Cootehill, on hearing which Mr. VEEVERS ordered the petty sessions clerk to at once issue a levy warrant against defendant, under which a quantity of embroidered muslin was seized and sold by public auction, in Cootehill on Tuesday and Wednesday week. He (defendant) has had (I have been informed) adverse notices in writing served upon the convicting magistrates.
ANOTHER SPRIGGING CASE.
Another little girl, but more intelligent than the former, of the name of Mary M'QUILLAN, of Copenagh, summoned Mr. Allan HAMILTON, another agent for the sum of 5s. to which claim the same defence was set up by Mr. Edward M'GAURAN, for the defendant, as in the former case. In consequence of Mr. John CAMPBELL of Cootehill, woolen draper, having at the instance of the bench examined a piece of the work for which complainant claimed to be paid, and stated that it was badly done, he being a judge of such work, having been heretofore an agent for such work himself, the bench awarded her only 2s. 7d. and costs.
Mr. CAMPBELL took an opportunity of stating that a great service was rendered to the females of Ireland, by the introduction of such work into it, as he was certain that there was at least 1,000,000l. expended upon it annually in this country, with which statement the bench seemed to coincide.
April 13, 1854
BIRTH
April 6, at Tynan Abbey, county Armagh, the wife of George M'CLINTOCK, Esq., of a daughter.
DEATHS
On Sunday, the 9th inst. in Cavan, in the 22nd year of his age, Mr. Charles REILLY. The deceased was for many years a compositor on this paper; and it is not in the routine of obituary notices we say of him, that, as we regret him now, so we esteemed him while living. He was humble, docile and honestly industrious; no time server--a sense of duty, not the fear of a master, directed his labours. His general character was not less excellent and admired, for, while he was known to every one in Cavan, he being born and reared there, there was not one who heard of his declining health without concern, or came to know his early death without deploring it.
On Wednesday, the 12th instant, at the residence of her son, in Farnham-street, Mary, relict of the late Mr. Edward FAGAN of Cavan, aged 82 years.
On Saturday, the 8th instant, at Lisagoan, Ballyhaise, Thomas, second son of Mr. VENN, deservedly beloved and deeply regretted by all who knew him, aged 17 years.
April 9, at Merrion-square, Walter A. BLAKE, Esq., of Oren Castle, county Galway.
April 8, at Ballyadem, county Cork, aged 92 years, James MAGRATH, Esq.
April 20, 1854
FOUND DROWNED--On Sunday last the body of what had been a strong child, about two years old, was discovered, tied up in a sack, or bag, in the lake adjoining Arragh, on the Longford side. The police are on the alert to discover the unnatural wretches who, no doubt, put an end to the young creatures existence.
A PROLIFIC MOTHER--At Teeveneness, in this county (Cavan), Ellen CARROLL, wife of Francis CARROLL, a small farmer, gave birth, on Sunday last to three fine children--two girls and a boy. The mother and babes are in excellent health; she is nursing the three. A busy time she must have of it.
RAILWAY TO CAVAN--The "Dundalk and Enniskillen" Company are busy enough in this locality preparing for the coming struggle in Parliament for an enabling act. Men are placed by them at the entrances to all the roads whence there is access from Cootehill; to note the numbers of men, vehicles, &c., that pass by them, that the amount of traffic may be ascertained, to be laid before the house; their engineers are also going carefully over the line marked out by the rival company--the "Belfast and West of Ireland"--to find fault with it, if this is possible. There is even greater activity evinced by them and by the people in their favour about Cootehill. Though we have not positive information as to what the other company are doing, we feel convinced that they are not idle; public feeling in this town is nearly altogether with them.
THE WEATHER--From shortly after ten o'clock on Tuesday night to seven on Wednesday morning a copious rain descended, and its effects are already perceptible in the richer green of the grass and cornfields; ever since the weather has been mild and sunny. There is no one who is not elate with the hope of an early and plentiful harvest.
MONAGHAN PRESBYTERY--This assembly, at their meeting, on the 11th instant, presented a unanimous call to Rev. Wm. F. WHITE, son of the Rev. Wm. WHITE, Stonebridge, Clones, from the ancient respectable congregation of Fethard, county Tipperary. Mr. William HAGNE, jun., of this town, has purchased Brookvale Cottage, the seat of the late Michael BABINGTON, Esq., for £200.
BIRTH
April 18, at Fortland, county of Cavan, the lady of the Hon. Richard MAXWELL, of a daughter.
DEATH
April 14, at Arvagh, county Cavan, Mary Jane, only daughter of the late Alexander SCHOALES, Esq., M.D.
April 20, 1854
ARVAGH PETTY SESSIONS
Wednesday, April 19MYSTERIOUS CASE
A report was prevalent in Cavan in the beginning of the week that a young man of the name of DRUM, who lived with his relations at a place called Drumhoura, near Arvagh, and who died suddenly some days ago, had come to his death of unfair means. The particulars of the case, as we have been told them are shortly these. It appears that the father of the young man referred to was married twice; the children by the first marriage he provided for or sent to America previous to his death, which occured some time ago--how long we have not heard. By the second marriage he had eight children, all of whom are living, together with their mother, except the youth whose death is the subject of inquiry. The old man when dying, bequeathed, it is said, the farm and stock to this youth. The widow and all the children lived together, however on the farm from the old man's decease, up to about to about ten days ago, when one morning the young man, the legatee, having breakfasted off stirabout about 9 o'clock, as usual, put his horse under a harrow and proceeded to his work. He had only got a short distance from the house when his mother was observed to follow him; and shortly after, he was seen to fall from his horse in a state of insensibility. He was immediately carried back to the house, when he expired in about an hour, in a violent fit of retching and vomiting. The corpse was kept in until next day, when Sub Inspector M'CLINTOCK of Arvagh, with his usual promptitude having heard what occurred dispatched a message to the Coroner for the district, James BERRY, Esq., and some his men to the scene of the wake. At three o'clock in the day the friends of the deceased were about to bring away the body to inter it, when on \e of the constables informed them that the Coroner had been sent for. The parties there deferred the funeral until six o'clock when, the Coroner not appearing, they took away the corpse and interred it in the neighbouring graveyard.
Next day the Coroner and Sub Inspector M'CLINTOCK with ten or twelve of the constabulary went to the graveyard where the body had been buried for the purpose of exhuming it and holding an inquest. The graveyard was occupied by a large crowd of people, amongst whom the relatives of the deceased were conspicuous, armed with pitchforks, shovels, and other weapons. On the Coroner and his party reaching the gate, they were told not to dare to enter, or if they would they'd be slaughtered, "blood for blood" taken, &c. The Coroner, seeing the vast number of persons opposed to him and their furious demeanour, prudently withdrew his force in order to prevent bloodshed, and wrote to the government to know what he was to do in the circumstances. He received a supply from the Chief Secretary, telling him to take a sufficient force of police and proceed and exhume the corpse. Accordingly, on Saturday last, he repaired with a strong force to the burying-ground; no opposition was offered, but on opening the grave he found that the coffin had been removed and its place filled up with stones. The police have since been active in their search for the corpse, but up the present without success.
The Coroner procured summonses for Thomas and Patrick DRUM (brothers to the deceased), and Michael CAMPBELL, for the opposition they offered him at the graveyard. The cases came from Thomas DENNEHY, Esq., R.M., at the Arvagh Petty Sessions on Wednesday (yesterday).
Mr. HAMILTON, solicitor, Cavan, appeared for the defence.
On the defendants being called to appear Mr. HAMILTON desired the service of the summonses to be proved.
Sub-constable John CURCHIN deposed to having served the summons for Michael CAMPBELL at his father's house.
To Mr. HAMILTON--Believes it was CAMPBELL's father's house, and that he (Michael CAMPBELL) resides there; was told so but does not know of his own knowledge.
Sub-constable Richard STEWARD sworn--CAMPBELL's brother and sister, who were in the house when the summons was served, said he lived there.
Mr. HAMILTON submitted that no service was proved.
The Court ruled to the contrary.
Sub-constable STEWART proved also the service of the summonses for the two DRUM's at their abode; gave them to an old woman whom he believes to be their mother; witness could not swear she was their mother.
Mr. HAMILTON contended that this was not proper service.
His Worship thought otherwise. The police were not but to personally know the parties to whom they gave summonses. The law held the service to be good if the persons were above sixteen years of age.
Mr. HAMILTON called on the clerk to take a note of his objections.
The Coroner, James BERRY, Esq., was then sworn and examined-- He deposed to receiving the requisition from Mr. M'CLINTOCK, and on going to Drumhoura, found that the body had been interred. He stated the violence of the mob in the graveyard, which he estimated at 1,000 persons, including men, women and children, and one fellow who had a pike, exclaiming 'blood for blood, &c.' He withdrew the police force, and on Saturday last proceeded, by order of the government, to the grave, which, on opening, he found to contain a heap of stones, the corpse having been removed. He produced a document which, he said, he got from Mr. Michael MASTERSON, in which an undertaking was given that the dead body would be produced when demanded.
Mr. HAMILTON said the hand writing in that document should be proved.
Witness to Mr. HAMILTON--I don't know the names of the persons who obstructed me at the graveyard, but the police do. I will identify them if produced. I think there were about ten policemen with me on first occasion. I withdrew them from the graveyard, because I did not like to endanger their lives or have any blood shed.
Mr. DENNEHY, R.M., ordered the defendants to be called.
They were accordingly called, but did not appear.
Mr. DENNEHY--As the parties were served with summonses and do not appear, I will issue warrants for their apprehension.
Mr. HAMILTON submitted that the case was one for summary jurisdiction.
Mr. DENNEHY was of a contrary opinion. The offence with which the parties were charged was, "a misdemeanour," therefore indictable, and he, for his part, would not summarily adjudicate upon it.
Mr. HAMILTON was proceeding to offer some remarks when
Mr. DENAHEY (sic) informed him he had decided upon the course he would pursue.
Informations having been sworn against the parties by the Coroner, the court issued warrants for their arrest.
The Court proceeded with the other cases on the book, but none of them is worth notice.
April 27, 1854
BIRTHS
On 21st April, at Capel-street, Dublin, the wife of Michael LYNCH, of a daughter.
April 21, the wife of Francis CONNOLLY, Esq., of Ballinamore, county of Leitrim, of a son.
MARRIAGES
January 18, in St. James's Cathedral, Melbourne, by the Rev. Theodore RUDD, B.A., George Whitford HALL, to Miss Ann TRAINER, daughter of James TRAINER, Esq., of Belfast.
DEATHS
April 19, in Pembroke Park, Dublin, Mr. William LAING, formerly connected with the Provincial and National Banks, Galway.
At his residence, Castlerea, county Roscommon, after a short illness, in the thirty-eighth year of his age, Arthur Wellenley YOUNG, Esq.
April 14, at Rinelagh, near Roscommon, in this twenty-eighth year, Matthew PRIOR, Esq., Inspector of Churches in the Connaught district.
April 21, at Back Castle, county Meath, Margaret, last surviving child of John BUXTON, Esq., formerly of Black Castle, deceased.
April 19, at 46, Waverly road Padding, of Jaundice, Catherine MATTHEWS, widow of Captain Robert MATTHEWS, of the 85th, or 1st Staffordshire Regiment of Foot, aged fifty eight years.
KILMORE ACADEMY The students of the Academy had their annual theatrical performance on the nights of Thursday and Friday last. The audience was select, consisting of the gentry and respectable inhabitants of the town and neighbourhood, who came by special invitation.
The place for the performance was tastefully ornamented, as on former occasions; and if the actors were anxious to obtain "crowded house," (as we consider they were,) they must have felt highly flattered by the attendance...
The band in attendance played at intervals some enlivening strain good style. The scenery was appropriate and well made; and taking everything into account, the whole far exceeded our expectations.
The play chosen for the first night was the tragedy of "The Grecian Daughter,", the subject of which is the invasion of Sicily by the tyrant Dionysius, the imprisonment of the King Evander...and the death of the usurper, effected by the heroine Euphrasia.
As the old King Evander, Mr. M'ENROE displayed great talent and judgment...
MR. J. O'REILLY, in the character of Dioysius, ably attained his part...
Mr. TRAYNOR personated Melanthon...
Master John BRADY personated Euphrasia; and although it was his first appearance on the stage he has earned a name which might be envied...
In the farce, "The Irishman's Fortune," Mr. SHERIDAN appeared as Pandeen O'RAFFERTY, and roars of laughter greeted him through every stage of the performance....
The celebrated drama of "Hofer, the Tell of the Tyrol" commenced the second night's performance. The hero of the play was ably represented by Mr. J. O'REILLY, who in this character as indeed throughout the varied performance, displayed a degree of talent...
The part of "Donay" was well enacted by MR. M'ENROE...
"Strichback, the tailor," was very ably personated by Mr. NEWMAN.
Mr. WHELAN was quite at home as "Jobe Spokewhoppen", and was well seconded by Mr. FITZPATRICK, as his wife Maulette.
Mr. P. O'REILLY, as "Elrick" (Hofer's son) did his part very well; and in the character of "Marie," (the wife of Hofer) Master BRADY fully sustained his previous character.
We heartily congratulate our young friends on their progress...They deserve every encouragement in this affording a source of innocent amusement to their audience, and also in acquiring for themselves a facility of speaking in public.
TO THE EDITOR OF THE ANGLO-CELT
Dear Sir--I have read in your paper of last Thursday a report of the pro- ceedings of the Arvagh Petty Sessions, in connection with the death of the young man DRUM, and the opposition given to the coroner, in his efforts to hold an inquest. I think it tends to create, in the mind of the public, an opinion unfavourable to the mother and friends of the deceased, for it publishes, on mere hearsay, 'that his death was caused by unfair means,' and goes on to say 'that he had only got a short distance from the house when his mother was observed to follow him, and shortly after that he was seen to fall from his horse in a state of insensibility, and that his father, when dying, bequeathed to him his farm and stock.' Some people may think that these arrangements had the effect of creating a feeling between him and the rest of the family, and con- sequently a wish to get rid of him. No such arrangement, however, took place, for his father did not bequeath to him any part of his property whatever. I visited the old man last August, two days before his death, and I wrote out his last will, in which he bequeathed the whole of his property to his wife, the mother of the deceased boy, to be managed by her for the benefit of herself and her eight children. I was up there on the day of the funeral, and saw no disposition on the part of the friends to offer any opposition to the coroner. Had there been any I would have observed it, and had he been able to attend there on that day he could have held his inquest with all ease. I wish further to add, that the DRUM family have been always a peaceable, industrious people, and have, by their religious and upright conduct, earned for themselves the esteem and friendship of their parish during the last thirty years. I feel confident you will, in justice to this family, give insertion to these few lines in your next publication, and I am, dear Sir, yours faithfully,
Killeshandra John O'REILLY, P.P. April 25, 1854
BELTURBET PETTY SESSIONS--Saturday, April 22
Magistrates present--Captain PHILLIPS, Thomas KNIPE, James H. STOREY, and John GUMLEY, Esqrs.
WHAT IT IS TO APPEAR BY ATTORNEY
Wm. WINSLOW a. Thomas MOOREThis was a complaint of trespass by defendants cattle on complainants clover on three different occasions.
Mr. John ARMSTRONG appeared for the complainant.
Captain PHILLIPS--It must be a bad case when you are obliged to appear.
Mr. ARMSTRONG--Oh no your worship, but there are troublesome people to be dealt with here.
MOORE--Oh, Mr. ARMSTRONG you're always engaged when the case is bad.
WINSLOW's servant boy proved the trespass and he himself proved that his fences were in good order, and that no fences could keep in defendants cattle for they were starved.
MOORE's son asserted that the fences were bad, and that complainant was a bad character.
Complainant--The more like yourself that way.
MOORE--Sure if you had not a bad case you would not bring Mr. ARMSTRONG here.
John LITTLE appraiser was called to prove the fences bad.
WINSLOW--Oh don't listen to him, gentlemen, he's at variance with me.
Witness--Begone you scandalous fellow, I'd be respected anywhere, not all as one as you.
Witness--I divided the fences between the parties.
To Mr. ARMSTRONG--I was not called on by LITTLE to make the fences, but I'll give you a bit of an act. No trespass can be sustained according to the act where the fences are not made up. If WINSLOW was a good character he'd settle the case at home like a neighbour. Oh, boys dear think of him bringing an attorney here in such a case. Now, Mr. ARMSTRONG, I'll make a fair offer--Will you leave it to Father WIilliam, pointing to the Rev. Mr. M'AULEY, to settle between two good Protestants, tho' troth I think they're both unsanctified christians.
The case was dismissed.
The Police a. Kitty FARMER, and Wm. LITTLE, and reciprocally
When this case, or rather pair of cases, had been called upon, Mr. John ARMSTRONG who appeared for Miss FARMER and Mr. LITTLE, called for an adjournment, as Mr. LITTLE was unwell and the other party, whose interest was identified in the matter, could not, it may be presumed, appear without an escort. To this end he produced a certificate from Dr. COYNE, stating that Mr. LITTLE was unable to attend, and another from Surgeon ROE (illegible) it appeared that he was 'subject to irritation.'
Mr. COCHRANE, who appeared for the police, opposed the application as putting his clients and himself to considerable inconvenience. Dr. COYNE's certification was most (illegible) for it did not state what in particular was the matter with him that Mr. LITTLE 'could not attend'. Surgeon ROE's was even more extraordinary, for if every man who was 'subject to irritation' was, therefore, free to absent himself from the court before which he was summoned to appear, therefore every man whose better half was excitable or his cook none of the (illegible), or his washerwoman oblivious as to the necessity of his having buttons in his shirt, would "ipso facto" be exempt from any consequences of his own misdemeanour, for all these things were quite calculated to irritate.
The Bench agreed to the application of Mr. ARMSTRONG, stating at the same time that if another postponement were proposed, the medical adviser of Mr. LITTLE should attend in person to prove the incapability of attending.
(We understand that the case is rather an important one, involving an alleged opposition by Mr. LITTLE and Miss FARMER, to an Engineer of the Belfast and West of Ireland Railway Company, Mr. ROIRDAN, when he came on the business of the company to Mr. LITTLE's property through which the line is intended to pass. The police came to the assistance of the engineer, and they say that they were obstructed in the prosecution of their duty upon the occassion, by the active energy of Mr. LITTLE, and more particularly of Kitty FARMER. They, on the other hand, charge the police with assaulting him. After Saturday work we shall be able to tell more of the case.)
CAVAN PETTY SESSIONS--Monday, April 24
Before Theophius THOMPSON, William SMITH, and Robert ERSKINE, Esqrs.
Eliza CRAWFORD a. George MANNING,
George MANNING a. Eliza CRAWFORD.This was cause and cross cause, CRAWFORD alleged an assault, and MANNING alleged abusive language used by CRAWFORD.
Eliza MANNING (sic) sworn--Went to MANNING's house last Monday to get support for three children she had by him, though she was a married woman. She thus lost her character, and had to plough the ocean deep. MANNING, having paid her passage to American, had husband, who became cognizant of her infidelity, would not support her.
Cross-examined by Mr. John ARMSTRONG--Went to American 12 months ago; reports were through the country of her intimacy with MANNING; never told her husband that she would swear she had connection at any time with MANNING; MANNING came and took his oath of her innocence, but no one could say what book he took his oath upon; he got married a few days before witness went to America, and would not have left that country only that her husband wrote to her that her children, whom MANNING undertook to care, were in the poorhouse.
Mr. ARMSTRONG here suggested that the woman had no right to go to MANNING's house even if he were father of her children, which MANNING would prove was untrue.
Mr. HAMILTON--He will prove no such thing. He will not be witness for himself.
Mr. ARMSTRONG--That is for the bench to decide; we have a summons.
Mr. HAMILTON--Yes, a got up one, for you did not serve it until this day.
To MR. SMYTH--Had two legitimate children, one of whom was in the poorhouse, while witness was in America.
CRAWFORD, husband of witness, examined by Mr. HAMILTON--Got three pounds from Mr. MANNING, and a cow to give milk to the children, but soon after his wife went to American, MANNING took away the cow and brought the children on his own cart to the poorhouse; MANNING offered to clear the character of his wife, but he did not believe him, for he had actual knowledge of their incontinence.
The case was dismissed, as the woman was an intruder when going into MANNING's house, her proper course being to bring a civil action for the support of her children.
Andrew MOORE a. Phillip BROWNE
The defendant was summoned for having an illegal stone weight in his house in Stradone. It was about two ounces light. Fined ten shilling and costs.Same a. Phillip FARRELLY
Same offence, with this difference, that this weights or at least some of them, were too heavy. Fined one pound and costs.Same a. James REILLY
Same offence. The weights were stamped by a late inspector, and they were very little light. Fined ten shillings and costs.Same a. James SMYTH
Two light weights were got with him, but he was in not business wherein it would be necessary to weigh anything. Mr. THOMPSON thought that his possessing them was enough to involve them. The other magistrates thought differently, but as he was using them some three months ago, he was fined ten shillings.Same a. Patrick FITZPATRICK, Lavey
Like offence and fine.Same a. Laurence CONNELL, Lisnaglea
Fined one pound and costs.Same a. Patrick CUSACK, Corrawellan.
One pound and costs.Same a. Patrick REILLY, Stradone
Fined ten shillings.Same a. Henry TALBOT, Rathbourne.
Fine one pound.Same a. John PRONTY
All his weights and measures, with the exception of one or two, were most regular. Fined ten shillings.Same a. George ARMSTRONG
Fined two shillings and sixpence.Same a. Thomas M'KEON
Fined twenty shillings and costs.Same a. Laurence KENNEDY
MR. KENNEDY appealed as if he were getting his weights adjusted, and they were all heavy. He buys in nothing, and that the loss was all to himself. An Irish quart, which he presented himself, as a curiosity, being found not equal to the British, it was adjudged that he came within the law, and was therefore fined ten shillings.Same a. George NESBITT
Mr. NESBITT said that it was impossible to have one's weights all right. There was no person in the country having a standard weight by which to regulate them. Nor was there notice given that the inspection had passed into the hands of the police. What were people to do? Fined ten shillings.Same a. James ROBERTS of Lisnashanna
All his weights were light except one, and that was too heavy. Fined one shilling.Same. a. Patrick DONOHOE, Crosskeys.
Fined ten shillings and costs.Same a. Edward GAFFNEY, Crosskeys
Fined ten shillings.Same a. James M'CABE
Fined one pound.Same a. Bernard GAFFNEY.
Fined one pound and costs.Same a. Robert BURROWES, Esq.
Fined one pound.
County Cavan Newspaper Transcription Project
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