Anglo-Celt
Published in Cavan, county Cavan
January 5,
1854
CAVAN QUARTER SESSIONS - Monday, Jan. 2.
Shortly after 10 o'clock the following gentlemen were sworn on the Grand Jury:
Thos. HARTLEY, Edward KENNEDY, Pat FAY, Peter BRADY, Wm. Moore BLACK, Francis M'Cabe, M. LOUGH, Jas. KELLY, Alex KETTYLE; John BRADY, Wm. FARIS, James GILROY, John Warren, Jas. MORROW, Hugh COULTER.
His Worship, addressing them, said--That there were not many cases for their consideration; only one demanded much attention, it was a case of perjury. The familiarity of the gentlemen before him, with all the forms rendered it unnecessary for him to say more than that they should be satisfied that that statement was wilfully false, that it was a corrupt and deliberate statement, before they found a bill against the traverser. Gentlemen, the bills will be sent up to you in due course, as soon as it is convenient.
His Worship proceeded to try the cases of persons applying to be discharged under the Insolvent Act.
Pat LEAHY was opposed by Mr. James ARMSTRONG, on behalf of the County Treasurer. Applicant had been security for Wm. POLLOCK, Esq., and in his default, was arrested for a sum of 280l.
MR. COCHRANE, who, with Mr. WRIGHT, appeared for the applicant, moved that the case be adjourned to next sessions, as Mr. POLLOCK had plenty of property to pay himself the amount he was deficient in.
It was ruled accordingly.
George BROOKS, an old and very worn man, was opposed on behalf of his landlord, Mr. ORPEN. It was maintained by Mr. James ARMSTRONG, that he should give up possession of his farm before he was discharged. The rent was payed up to 25th March last.
Court--Bring an ejectment, Mr. Armstrong; it is not the rent you want, but the land. Let an assignee be appointed, and all the creditors get the benefit of the property.
The applicant stated that he was five years in possession, and paid five years rent at a rate of two guineas an acre.
Bartie GIBNEY was opposed by the same person, and in precisely the same circumstances. His rent was paid up to the 25th of March last.
Court--Let the man be discharged, and an assignee appointed.
David IRWIN was opposed by Mr. Edw. M'GAURAN, on behalf of Alexander BERRY, John GWYNNE, and Wm. ROGERS. Applicant had been receiver under (illegible). His rent was paid up to the 25th March last. Court--Let the man be discharged, and an assignee appointed. David IRWIN was opposed by Mr. Edw. M'GAURAN, on behalf of Alexander BERRY, John GWYNNE, and Wm. ROGERS. Applicant had been receiving under the courts in a lunacy matter. He never paid a shilling of what he got. Therefore Mr. Alexander BERRY, his security opposed his discharge.
Mr. COCHRANE stated that Mr. IRWIN gave in his accounts to pass the master, on which 27l only were due. Mr. BERRY kept the accounts, and now turns round to say they were unfairly kept.
Court--Why not appoint an assignee, who will make the property available? This is always the better course.
Mr. M'GAURAN agreed, with the consent of his clients, and it was left to the Chief Clerk to appoint an assignee.
Edward COYLE was opposed, on behalf of his own father, by Mr. TULLY. The arrest was a fraudulent one, he did not owe a penny to his detaining creditor.
Thomas COYLE examined--Applicant is his son after he got the decree against him he had six stacks of oats and two cows and a heifer, worth 50l., which he sold in the fair of Longford.
Edward COYLE--Is insolvent; there was an arbitration to give the mare, for which he was decreed to him, but the arbitrators not coming in, he was decreed.
Court--I remand him until first day of next Session, and if he settles before I leave town I will discharge him. He should and must pay his father.
SPIRIT LICENSES.
Thomas M'CORMICK and Michael SHERIDAN applied for transfers of licenses to houses in Cavan. An objection was made to M'CORMICK, as having assaulted a policeman, when they came forward to quell a riot between the soldiers and civilians. It appears that M'CORMICK was himself seriously beaten, and in the excitement of the moment seized upon a gun of Sub Constable FOSTER. He denied having been aware that he did the thing at all, and it appears that the Magistrates did not think very ill of the matter, when they only fined him five shillings for the offence. It was left to the Bench.
Mr. BURROWES voted against him, MR. THOMPSON and Mr. Thomas KNIPE for him, MR. SMYTH and Mr. PHILIPS also opposed him and he was refused.
Michael SHERIDAN obtained it, and so did Andrew CRAWFORD, of Bridge street.
APPEALS
Rev. Peter SCHVALES, appellant; Simon CAROLL, respondent. This was an appeal to conviction for wages, 5l. 3s. 4d. and costs. Simon CAROLL examined by MR. Samuel KNIPE--Worked with his horse for Mr. SCHVALES, furnished bill for 5l., 3s. 4d. Summoned for it and got conviction at Arvagh; the money is honestly due, produces book.
Cross examined by Mr. James ARMSTRONG--Is tenant to Mr. SCHOAS (sic), has nothing aginst that gentleman, called him in open Court a "journeyman sowl saver," his wife made a demand for money in August last, Mr. SCHALES (sic) paid then 7s. 6d., all that was demanded at the time. That was for another debt; he wished to let the horse hire lie over for the rent. MR. SCHOALES distrained for rent in November, on same day got the summon.
Rev. Mr. SCHOALES sworn--engaged CARROLL (sic) last February, he was to send in his bill every week, eight items were down at 3s. 4d. each, whereas the whole could be done in a day. He has sixteen items for Miss SCHOALES riding on his pony, and charges 2s. 6d. for each half hour she rode out. When CARROLL's wife gave the bill in August last he asked her was all clear, she answered yes, sir.
MR. KNIPE cross-examined the witness very minutely, but he kept to the statement that the seven and sixpence covered all wages.
Charlotte CARROLL--Is wife to respondent. The seven and sixpence paid were for odd days work of the husband in MR. SCHOALES's garden, and one and sixpence for washing.
His Worship reversed the judgment without costs.
Mary DUNN, appellant; Constable James SMITH, respondent.
This was a charge for keeping a house open for selling whiskey on Sunday.
Mr. Cochrane contended that there was no allegation in the summons that brought the charges under the act, the house was open to be sure, but does not state for "selling whiskey," probably it was for selling coffee it was open.
His Worship agreed with him, and the judgment was reversed.
MR. COCHRANE--Your Worship has power to give 40s costs.
Court--You have had a great escape. I'll give none to you.
CROWN BUSINESS
Charles KENNY, Thomas GILOOLY, John HAMILTON, John MATCHET, Joseph TREVOR, John DOBSON, Robert RAMSAY, John DOWNEY, Samuel PRATT, Joseph MAGUIRE, Ralph FOSTER, and James KELLETT were sworn as a petty jury.
Pat LYNCH was indicted for assaulting Edward CAFFRAY, in Bally- jamesduff, so as to endanger his life, and in another count for joining in a riot, when several persons were assaulted.
Mr. Benjamin ARMSTRONG--The transaction took place on the 22nd March last, in Jas. SMYTH's house, in Ballyjamesduff; on that night a quarrel took place between the parties about some girl alleged to be seduced away from the prisoner; the prisoner was violent there, and assaulted CAFFREY with a knife, and injured him greatly.
Edward CAFFREY sworn--Miles REILLY and he went into SMYTH's house for their horses; REILLY is his brother-in-law; it was between eight and nine they went in; LYNCH was behind the counter; REILLY and LYNCH had some words; LYNCH struck at REILLY and coming round, stabbed witness, who was saving REILLY, three times; does not know what REILLY and LYNCH were disputing about; was stabbed in the groin and hip; bled from the wounds until he fainted; was carried home on a cart next night. Lay two or three days; REILLY was also stabbed by LYNCH; Stephen CAREY was waiter in the house, he was stabbed too, but witness knows not by whom.
Cross-examined by Mr. James ARMSTRONG--Never knew LYNCH before; heard he was going to be married, his wife was a relation of the girl; LYNCH brought a process for the wedding expenses, but on that night knew nothing of the girl's friends being there that night to settle the process; never heard of it before or afterwards; saw nothing done to LYNCH, heard of a tumbler of punch being thrown in his face.
Court--That is no evidence, even on cross-examination. Hearsay will do nothing whatever in the matter.
Miles REILLY--Went into SMYTH's with the last witness; saw LYNCH and Edward CAFFREY's son arguing; LYNCH was keeping CAFFREY's wife there, and witness desired him to let her go; words ensued, he charged across the counter, and witness threw a glass of punch in his face; CAFFREY and witness did not go into the house together, (CAFFREY was called up, and after some hesitation, admitted that REILLY had been in before him.)
LYNCH hopped across the counter, seemingly to strike witness, who threw the punch in his face in defence. CAFFREY interfered to save him after my coat was cut seven or eights times; knows not with what instrument he made the thursts (sic); it was then he stabbed CAFFREY.
Cross-examined by Mr. COCHRANE--Knew not of any settlement on that night; saw not LYNCH cut, or with black eyes.
Stephen CAREY--Was waiter in the house that night; coming from the kitchen, found CAFFREY and REILLY and Patrick LYNCH quarreling; saw LYNCH with a knife attempting to stab Miles REILLY; alarmed the master when LYNCH was pushed out; at the door he made an attempt to stab REILLY, which witness received in the hand; CAFFREY's wife was drinking behind the counter with SMYTH.
Cross-examine by Mr. James ARMSTRONG--Heard nothing of any settlement; was attending to the kettle, and often enough to the pot.
Court--MR. ARMSTRONG, don't ask him, none of the party will tell you anything, though they all know everything about it.
Head-Constable GRAINGER--Recollects the night in question saw CAFFREY lying in a stream of blood; ran away for a doctor; thought the man was dying; went to the prisoner's house; asked to see him, when he at once gave up the knife.
Mr. ARMSTRONG--You ran off when you saw the blood, with your long sword, like a good soldier.
MR. ARMSTRONG--In this case the prisoner is indicted for a serious offence. I don't want to screen him, for he did the imprudent act; but if a man is provoked, so that he is apprehansive of danger to himself, even such an act will have some justification. LYNCH was courting the daughter of one Daniel LYNCH; the wedding day was named, when some busy body interfered and broke it off; LYNCH the prisoner processed for the expenses; a settlement was asked and LYNCH invited to it, he attended and after being some time in the house Terence M'CABE asked him to take a glass of punch, when going behind the counter the glass was thrown in the prisoner's (illegible)... was a party of seven or eight on the one side, and LYNCH was without an assistant, he then used the knife.
Terence M'CABE examined--He proved the throwing of the glass of punch in LYNCH's face.
Court--Gentlemen, find him guilty of a common assault; no medical evidence has proved his life endangered. They returned a verdict accordingly.
His worship then addressed the prisoner on his cowardly and dastardly act. He brought it from America, where he was, and where it was very prevalent; it is creeping into England; and must be put down when it threatens to invade Ireland. If there had been medical evidence of danger to life, sentence of transportation would be recorded; as it was, such conduct should be repehended severely, and the sentence would be three month's imprisonment at hard labour.
Michael DOLAN was indicted for a riot, but on application, the Court sentenced him to three months imprisonment at hard labour, the sentence to be put in execution, when it would be thought proper to call upon him; that is, when the prisoner shall have been guilty of a similar offence again.
Patrick TRACY was indicted for picking a woman's pocket in Ballyconnell. He was found guilty, and sentenced to three months imprisonment without whipping, as there was no evidence of any previous offence by him.
The prisoner thanked his Worship.
Charles M'CAFFREY was indicted for a similar offence. Michael KING got the prisoner's hand in his pocket.
Mr. ARMSTRONG--Did you see him?
How could I find his hand in my pocket unless I saw him.
Was it dark?
It was betwixt and between, what more do you want to know about it?
MR. ARMSTRONG--I''ll send you over to Mr. KNIPE, you need not be angry with me.
Cross-examined by Mr. KNIPE--Drank two half ones this morning. On the day in question took plenty, won't say how much before the prisoner took his money. Did not search the shop for the money. Blood-and- thunder-and'ouns must I give an account of all I drank, I was not drunk then, are you drunk now? Well, then, neither am I.
To prisoner--Didn't take anything off the ground, nor search it for money when I missed it; others did it for me. The witness was certainly the most lubricous specimen of irascibility we ever saw.
John Park, Sub-Constable--Saw KING on the night in question, he was not drunk, but he was through other, in explanation, he was "mul- wathered," he was a companion of TRACY, and should share his fate.
Patrick BRADY was indicted for wilful and corrupt perjury, committed at last Cavan Sessions, in a civil bill action pending between him and George L'ESTRANGE, Esq.
Mr. Benjamin ARMSTRONG stated the case--The prisoner stands indicted for a grievous offence. Last October sessions he had a process against Mr. L'ESTRANGE for loss and damage sustained by a cow bought at Mr. L'ESTRANGE's auction, which came not up to the engagement. A jury was empanelled to decide the issue. It appeared that the cow was sold by BRADY to Bernard WALLS in Cavan. The prisoner was produced to prove his case, and stated his purchase of the cow first, and his selling it to Bernard WALLS for seven pounds. More than once he was asked how much he got for the cow, and still he persisted in saying that he got only seven pounds. This was that the jury might consider him entitled to more damages, than if he got a larger price. But it turned out that the cow was sold for thirteen pounds. WALL proved this; he had given seven pounds and promised six more. WALLS will tell you that before the trial of the civil bill, he offered the six pounds to BRADY more than once, which he refused as often, BRADY then shifted his ground and deliberately swore that he sold the cow for thirteen pounds. This is the case that will be proved before you, and, if I am rightly instructed, you will have it substantiated that he was guilty of deliberate, corrupt, and wilful perjury.
Mr. Patrick CAFFREY examined by Mr. Benjamin ARMSTRONG--Is Deputy Clerk of the Peace, finds in his book the entry of "BRADY v. L'ESTRANGE" for breach of warranty of a cow. A jury was sworn. Messrs. Edward PLUNKET, Edward KENNEDY, and Henry NESBIT were to try it. Patrick BRADY was sworn on that trial, the oath being adminis- tered in the ordinary way, produces a memorandum, which he took down at the time by direction of the Court; it appeared by that that BRADY swore he sold the cow for seven pounds, and afterwards swore he sold it for thirteen and that he did not swear before that he sold it for seven.
To MR. COCHRANE--Will not swear positively that no other witness was examined at that trial but those he has in his record, but to the best of his recollection there were not others.
Edward PLUNKETT examined by Mr. B. ARMSTRONG--Was one of the jurors in the civil bill case; recollects BRADY being asked the price of the cow, and he answered "seven pounds" as well as I can recollect. Is not sure whether it was "seven" or "eight" he said. That question was put, that it might be seen how much should be given in damages.
To MR. M'GAURAN--Took down a memorandum of what then occurred in writing, and has it not now.
MR. M'GAURAN then objected to this evidence, as he had not the paper with him.
The Court over-ruled the objection.
Mr. M'GAURAN then objected that when, by direction of the Court, a memorandum was made, it was not competent afterwards to give oral testimony on the matter.
This, too, was over-ruled by the Court.
Examination resumed--After WALLS had given his testimony, BRADY admitted that he sold the cow for thirteen pounds, or thirteen pounds five.
Cross-examined by Mr. Edw. M'GAURAN--What (illegible)...
George CHADWICK. Sold the cow, gave an engagement according to the herd's book that she was served to calve at a certain time, also that she was a good dairy cow with a defect in one of her teats; recollects SMYTH offering seven pounds for the cow about three weeks after the auction; SMYTH was buying her at the auction; she brought 8l. 20s. there.
Cross-examine by B. ARMSTRONG--There was no sale to SMYTH when he offered seven pounds for the cow; did not hear at the sessions BRADY swearing anything about the case.
Thomas REILLY--Knows BRADY about seven years employed him in the mean time; had all confidence in him.
To MR. B. ARMSTRONG--thinks his general character a good one.
Rev. T. MULVANY deposed to the same effect. He knew the prisoner for the last five years; his general character is that of a businesslike honest man.
Theophilus THOMPSON, Esq.--Knew the prisoner four or five years; never heard anything against him; had frequent opportunities of seeing him at court of petty sessions, when he came in his capacity of collector of county cess and poor's rate.
This closed the case for the defence.
His Worship then proceeded to charge the jury, and said--Gentlemen of the jury--Brady is charged with perjury, an offence so admirably described by MR. M'GAURAN. In such a case the jury should have a moral certainty of the guilt of the accused before they would find him guilty. On the other side all are bound to punish such a crime if they see it proved. There is no security to life or property if an oath is not creditable. He who takes away life by false swearing is an assassin; he who takes away property by such a means is a robber. You must be satisfied that the statement charged was false--that it was corruptly false--that it was done with deliberation, for all these constituents are required to the perfection of the charge. Perjury differs in many respects from other crimes. It cannot be proved directly. An assault or a robbery can be proved by positive evidence., but perjury must be deduced from the facts stated. You are to infer whether BRADY does appear to you by fair inference to have the evil intention. Those things laid down, I must tell you that the stating the price the cow was sold for was most material to the trial of the Civil Bill; by it the jury were to measure their damages. A man equivocating is still a perjurer, and therefore the word "got" is the same as the word "said" a thing I would call your attention to, as much stress seem to have been laid upon it. You have, therefore, to consider the evidence of Mr. PLUNKETT. He conveyed to us that he sold the cow for a certain sum. WALLS is met by the prisoner, (and this presses must strongly on him) something is said to him going to give his evidence about seven pounds. Why communicate with a man going to be sworn? You must ask yourselves, was not this an attempt to tamper with WALLS, that his deceit might not be seen through. He has a good character, and besides the defence that he was speaking all the time of an offer by SMYTH of seven pounds. What had that to do with the case? What had an offer to do with the sale. The prisoner is a person of intelligence, and Mr. M'G. argued reasonable upon this matter.
This, too, was over-ruled by the Court.
Examination resumed--After WALLS had given his testimony, BRADY admitted that he sold the cows for thirteen pounds, or thirteen pounds five.
(Repetitive discussion)
After much deliberation, a verdict of guilty was pronounced, with a recommendation to mercy. Sentence--Six months' imprisonment at hard labour.
Richard GIBSON was indicted for assaulting, on the 16th of December, Head Constable HOPWOOD, and Sub-Constable Michael WELSH, in the execution of their duty, and in another count for a common assault.
Hugh BRADY, James BROWN, John MAGINNESS, Thomas M'DOWALL, Martin BEATTY, Mathew BOYLAN, Andrew REILLY, James BRADY, Thomas M'CORMACK, William MAGINNISS and William MAGUIRE were sworn as a petty jury.
Wm. ARMSTRONG examined by Mr. HAMILTON--Was in Arvagh in MAGUIRE's public house on the 16th December, there was a row there; GIBSON was in the house, he said he would kick any man in Arvagh; witness said he had bad conduct; prisoner ran at him, pulled him by the neck and struck him with a whip. In consequence of the row, the police were sent for, and arrested him.
Michael MURPHY examined by Mr. HAMILTON--Went to MAGUIRE's house, took GIBSON into custody there was no riot at the time; saw prisoner do nothing to any head-constable or other persons; witness was the first that went in.
Cross-examined by MR. KNIPE--The magistrates in Arvagh dismissed ARMSTRONG's case when he summoned GIBSON.
To a juror--There were four of us bringing GIBSON to the barrack, he complained of bad treatment; witness had him by the neck; saw no assault committed at all, but if any was committed it must have been on the way to the barrack.
Court--I think the constable 'had no right' to arrest GIBSON. If he saw a riot, he should have taken the disturbers before a magistrate, but on private information of assault, he could not take any man into custody. There is an excellent book on the subject of their duty, compiled by an eminent lawyer, which the constabulary all ought to have explained to them, and it would teach them what they were to do. He directed the jury to acquit the prisoner, who was acquitted accordingly.
Two women, ARMSTRONG and DUFFY, were indicted for stealing goods from Mr. KANE of Ballyconnel, but from the want of evidence they were acquitted.
His Worship having admonished them, they were discharged.
Pete CASSIDY was indicated for burglary, and having goods in his possession, knowing them to be stolen. He pleaded guilty to the having goods in his possession, and was sentenced to three month's imprisonment with hard labour.
Larry M'GIVNEY and two others were indicted for stealing turf from Ballyjamesduff. They were in gaol since September last, for a quantity, value three pence at most.
His Worship ordered them to be found guilty, and on the verdict to that effect being returned, they were sentenced to 24 hours' imprisonment, from the first day of the sessions.
Francis WARD was indicated for stealing a few articles of wearing apparel from Mary BRESLIN at Arvagh. He was convicted.
Mr. GALLOGLY stated that he was convicted ten times, and whipped five times; he is about nine years of age. He was sentenced to a penal servitude of four years.
Thomas M'GAGHRAN was indicted for a rape on Anne CONOLLY, an infant, under ten years in Ballyhaise.
Verdict--Guilty of the connection, to which the prosecutrix was a consenting party.
TUESDAY
Charles KENNY, Thomas GILOOLY, James BROWN, Joseph TREVOR, John DOBSON, Samuel RAMSAY, William PRATT, John M'GINNESS, Thomas KELLET, John BRADY, Samuel PRATT and John M'CORMACK were sworn as a petty jury.
Mary HARTIN was charged with stealing an article of wearing apparel at Kilnaleck, on the 29th of October last from Elizabeth CAHILL.
Guilty--four months at hard labour.
Prisoner--Thank your Worship.Elizabeth TWEEDY and Mary JONES for stealing a shawl at Drum on 15th November last. Acquitted.
Edward, Terence, Michael and Patrick REILLY for an assault on Thomas KING, at Cormeen, so as to endanger his life, and in another count for a riot and common assault on 11th October.
Thomas FLEMING examined by MR. B. ARMSTRONG--Recollects 11th October, had a farm then, which he held for 27 years, on the lands of Shanoro, has a lease of the farm, no right of pass through it, the prisoners came on his land that day; they are brothers, whose farm adjoins witnesses (sic). Heard in the morning of prisoners breaking down his mearling, went and remonstrated with them, and proceeded to break down the kish they made. Edward REILLY then kicked witness and knocked out a tooth. His sons, Thomas and John, went to save witness, when Michael and Terence commenced to choke him, and Patrick gave him a box in the face; they drew the hay back, and the following lay, though they could have drawn it a nearer way through their own large farm.
Cross-examined by Mr. James ARMSTRONG--Some REILLYs had a pass through the meadow, prisoners passed through it for two previous years, when witness was in Scotland. They are in possession three years. Neither MALDEN, the previous possessor, nor Philip REILLY before him, had a quiet pass by that way.
The Barrister ordered them to be acquitted, as it was a case of trespass, to be tried by a civil action.
James KELAHER for intimidating a juror for a verdict he had given.
John JOHNSTON proved the threat.
His Worship ordered him to plead guilty, and then decreed that he should find bail himself in ten pounds, and two sureties of five pounds each, to keep the peace for seven years, and on a breach of it to be imprisoned for a month.
Michael RIELLY(sic) for stealing bacon at Butler's Bridge, on 9th October last. Guilty--one month hard labour.
This terminated the Crown business.
WEDNESDAY
John KING v. Michael KING. An action for 9l., the value of a mare lent to defendant, which he surfeited by over-riding, so that she died.
The plaintiff proved the loan, and the subsequent death of the mare.
Cross-examined by Mr. Cochrane--Gave no notice of the illness of the mare until after she died.
Pat MARTIN proved to seeing Michael KING galloping along the road at a hard rate on the mare. MR. ________, farrier, proved that the mare died of lumps in the throat, which might have been brought on by a surfeit, caused by harding riding.
Michael KING--Your Worship, I'll tell you all.
Court--Indeed you will not.
Did you walk her?
Witness--I did, going
Court--Coming home?
Witness--I came faster then. I met Pat MARTIN, and I had a bit of a canter with him.
To MR. KNIPE--I was hearty in Swanlinbar; my stirrup-leather was broke, and the mare began to caper, and the police took me into custody; but the mare went gently home with a neighbour's boy.
MR. KNIPE--Were you not carried off the mare?
Witness--Wasn't I? Why would I not, when there were three of them at me?
Court--Go home, sir. Let there be a decree taken for the full amount.MALONE and wife v. Philip REILLY, Rose REILLY, and others. Actions for certain sums of money, arrears of rent due by the defendants.
It appeared that in 1851, the parties had been seized on by order of the Court of Chancery, for sums due by them as tenants on the Lanauze property. Having no means of removing the distress, they applied to the plaintiffs, (Mrs. MALONE being the widow of the late Mr. LANAUZE) and they gave them up their property, getting a consent in writing that a decree for the amount should issue without stay of execution, when it should please Mr. and Mrs. MALONE to look for it. For these sums the several actions were now brought.
MR. Edward M'GAURAN having proved by witnesses the occupation by the defendants, and also the consents given by the respectively, and the circumstances in which they were given.
MR. KNIPE, MR. James ARMSTRONG, and Mr. TULLY, for the various defendants, argued in defence that the plaintiffs had promised, when getting the consents, that they would not act on them for twenty years.
Mr. Charles MALONE was called up to prove this.
Sworn--Is one of the plaintiffs; did not remove the distress to "create a tenancy to himself, but to save defendants;" did not promise not to act upon the consents for twenty years; had given them three years to pay him, and in the mean time gave to each an abatement of five shillings in the pound; is not now in possession of the property, but it is as much his as ever it was, there being a life interest and a jointure payable off it, which is more than the value of the entire estate.Court--This is the most extraordinary case I ever met. Here is a benefactor in the moment of great trouble; he gives them the use of their property, that they were unable to give themselves, asks not to be paid for three years, and makes an abatement on the rents for the future, of twenty-five per cent, and now they come forward and say we will not pay you what, but for you, our goods would have paid for three years ago, because you gave us not twenty years to pay it. Why not ask a hundred years. The defendants have no case; let them go home.
Decrees were granted, with certain deductions in one case or two, which Mr. MALONE, as soon as he was assured of them showed himself most ready to allow.
[There is a landlord-right as well as tenant-right; and in its cause we must say that, as the facts came out in evidence, and beyound this we know nothing in the matter, Mr. MALONE's case was a clear example of it. Give us to see every landlord doing as he did--removing a distress, and asking at the end of three years what was distrained for, giving in the interval a very large abatement that there might be gathered the means to pay him, and we will say, agitation be at rest; tenant right is secured by the best of all enactments--the promptings of honesty and generosity.-- Ed. A.C.]
MOORE v. BROWN. An action of 40l. for damage sustained by a seizure effected in Cavan under a civil bill decree.
MR. SWANZY stated the case. The seizure was a most adroit and nefarious trick. The defendant in the decree was the brother of the present defendant, and married to the plaintiff's mother, by whom had had not alone support provided for him but the comfort of an amiable wife. This did not satisfy him, but by a trick he induced the present defendant to get out a friendly decree against him in Ballyconnell, not in Cavan, lest the mother of the children would know if it and provide for the children's property against it; Mrs. BROWN had nothing whatever of her own; all belonged to her children by the will of her late husband.
Mrs. BROWN examined by Mr. SWANZY--All the property seized under the decree belonged to her children and was bought with their money, that came into them from certain houses in Cavan. Witness forfeited all her property by marrying again, which she foolishly did. But has a good pair of hands.
Court--Perhaps they are too good.
Cross examined by Mr. ARMSTRONG--All the furniture that she had at her husband's death was said to Mr. MONTGOMERY. The furniture seized on was bought with Samuel MOORE's money. Samuel was her son.
Samuel MOORE corrobated this; he always allowed...(remainder of article cut off)
End of Cavan Quarter Session
FULL Directions for the proper Management of the Wedding Day, including Marriage by License, by Banns, by Registration; Dissenter, Catholic, Quaker, and Gretna Green Marriages, the Expenses, &c. The Bridal Costume; Order of Going to Church, and of Returning Home; Who should propose the Health of the Wedded Pair; Wedding Etiquette; Receipts for Wedding Cakes, &c. &c., and other useful Domestic Information, in the first Volume of "The Family Treasury," price 2s., elegantly bound. Order them of any Bookseller. London: Houlston and Stoneman, 65, Paternoster Row.
BIRTH
December 30, the wife of Wm. FLEMING jnu. Esq., Richmond, Longford, of a daughter.
MARRIED
IN Monkstown, Thomas Henry WHITE, Esq., of Orange Hill, county Armagh, to Mary Jane, second daughter of Edw. BARINGTON, Esq., of Fassaroe, county Wicklow.
DEATHS
January 2, in upper Temple-street, Dublin, Rev. John SWEENY, Rector of Cleenish, in the county Fermanagh.
December 31, at Scullalouge, county Wexford, aged 101 years, Mrs. Catherine FURLONG.
Of consumption, at his father's residence, Blackford House, Stradbally, Queen's county, on the 25th ult. Mr. Andrew GRAVES, in the twenty first year of his age.
December 21 Hardwicke Hospital, Acting-sergeant Charles BYRE (C division), a native of the parish of Wicklow, county Wicklow.
On Friday, the 30th ult., at her house in Eaton-place, Elis. Caroline, the fifth daughter of Sir Charles PRICE of Spring Grove, the first baronet.
January 12, 1854
Peter CAFFREY, a soldier of the 81st regiment has been committed to Dundalk jail, for trial on the charge of causing the death of John DROMGOOD, a shoemaker of Ardee, by striking him with a stick in a drunken brawl.
DEATH
On the 7th instant, in Wesley-street, Cavan, after a long and painful illness, borne with a fortitude which only a true Christian can feel, Mr. Edward M'CABE, aged 66 years.
CAVAN QUARTER SESSIONS - RULE OF COURT
Patrick LYNCH, riot and assault on Edward CAFFREY--Three month's hard labour.
Michael DOLAN, riot--Three months' hard labour (recorded).
Patrick TRACY, larceny from the person of Michael KING-- Three months' hard labour.
Laurence M'GIVNEY, James M'GIVNEY, and Thos. REILLY, larceny of Turf from Patt M'CONNELL--Each 24 hours.
Peter CASSIDY, receiving stolen goods--Three months' hard labour.
Pat HARTIN, larceny of money from James GAFNEY--Six months hard labour.
Mary M'GAURAN, larceny from Rose Magaghran--Two months' hard labour.
Bridget REILLY, larceny of cloaking, &c., from MR. John KANE-- Eight months' hard labour.
Mary HARTIN, larceny, wearing apparel, from Elizabeth M'CAHILL-- Four months' hard labour.
Francis WARD, larceny of wearing apparel and former conviction for felony--Four years' penal servitude.
Michael REILLY, larceny of bacon from James FITZPATRICK-- One month hard labour.
Thomas MAGAGHAN, rape on infant under ten years of age--Six months hard labour.
James KILAGHER, intimidating a juror--Security to keep the peace.
Patt BRADY, perjury--Six months' hard labour.
Elizabeth TURNER, larceny of wearing apparel from Hugh SMITH and others--Three months' hard labour.
BAILIEBOROUGH QUARTER SESSIONS
His Worship, P. M. MURPHY, Esq., Q.C. and Assistant Barrister for this county, was unable to take the seat on the Bench in Bailieborough, on Thursday, the 5th instant, the day appointed for holding the Quarter Sessions in that town, until about half-past 1 o'clock p.m., in con- sequence of a great quantity of snow which had fallen the night previous, labourers having to be employed to clean it off the road between Cavan and the latter town, he having left the former at 6 o'clock a.m. on that morning.
John VERVERS, Esq., R.M., who is located in Bailieborough, was the only J.P. who assisted his Worship in the disposal of the crown business, which was exceedingly light, there being 15 crown numbers.
On the grand jury having been sworn, his Worship, the Assistant Barrister merely addressed them for the purpose of congratulating them upon the peaceable state of the county, and informed them that he was happy to state that as there (sic) duties were so light, he would be able to discharge them from further attendance in a very brief period, there being no case on the calendar which would require any particular attention from either him or them.
Whereupon MR. REDDY thought, in consequence of the very peaceable state of the county, it would be very desirable to have the inhabitants of it exonerated from the operation of Insurrection Act, to which application their Worships assented. But stated that the application for that purpose should emanate from a majority of the J.P.'s of the county in public meeting assembled.
There were only 180 civil processes and ejectments at these Sessions.
RULE OF COURT
James QUILLEN, assault on Peter REILY--four months' imprisonment.
Mary FOY, larceny from Mary GERAGHTY--Twenty months' hard labour.
Elizabeth CORMOLIN, larceny of wearing apparel from Joseph M'CREEDY --Forty-eight hours imprisonment.
Philip O'REILLY, Elias GIBSON, Wm. DOBBIN, and Peter LYNCH, for having unregistered arms in their possession.--Each 24 hours' imprisonment.
AFFECTING OCCURRENCE--Last week the wife of a respectable farmer named FARRELLY, living in Curfeyhone, near this town, was ill, and her husbands brother (sic) came to see her. When the visitor arrived, she found Mrs. FARRELLY breathing her last and was so shocked that she fell down in a fainting fit, out of which she never recovered. The two women were buried the same day.
MELANCHOLY EVENT--An inquest was held last Monday, by James BEARY, Esq., one of the coroners for this county, on the body of a young man named TODD, who came by his death in the following manner:-- He had gone into a forge in Portlongfield, near Killeshandra, to get some shoeing done, and took up the sledge to strike a little. A young man who had been out shooting came in shortly after, and TODD turning round to see who was there, the gun which must have been on full cock went off, and he received its charge of shot in the breast, and fell dead in a moment. A verdict, such as the facts warranted, was returned.
_ THE MEATH BANQUET--This demonstration came off magnificently on Tuesday night. Messrs. LUCAS, CORBALLY, MOORE, DUFFY, KENNEDY and GREVILLE, M's.P. attended, together with the Right Rev. Dr. CANTWELL, and a large assemblage of the gentry and clergy of Leinster. The chair was ably filled by Edward M'EVOY, Esq. We have not room for another word.
January 19, 1854
Janetta Martha O'REILLY, ) PURSUANT to the final decree in Plaintiff: ) this cause, bearing date the 22nd day Constantine Joseph SMITH, ) of January, 1852, I will, on THURSDAY, and others, ) the 20th Day of APRIL, 1854, at my Defendants ) Chambers, Inns-Quay, Dublin, at the house of One o'clock in the afternoon, SET UP and SELL by PUBLIC AUCTION, to the highest and best bidder, ALL THAT AND THOSE the LANDS OF ANNAGH, otherwise ANNA and KILNALECK, DROMANYBEG, otherwise DRUMANYBEG, DROMHEELY and CORCANIDOS, otherwise CORKENADOES, all in the barony of Loghtee, North Kildallen, otherwise Kildallen, in the Barony of Tullyhunco, and the Castle of Cavan Tenement, situate in the Town of Cavan, all of the County of Cavan, in the pleadings in this cause mentioned, or a competent part thereof, for the purposes in said decree mentioned.
Dated this 16th day of January, 1854
EDWARD LITTONThe Lands of Annagh and Kilnaleck in the barony of Loghtee, are held in fee under a grant from the Ecclesiastical Commissioner, at the yearly rent of 30l.16s. 1d. They are beautifully situated on the margin of Annagh Lake and comprise a comfortable residence, some choice land, and a valuable turbary with ornamental plantations, the public road from Belterbet to Cavan passes the gate, those lands contain together 293 acres, 2 roods, and 20 perches statute measure, including 53 acres, 2 roods, and 33 perches of water, with a beautiful island therein.
The lands of Dromanybeg and Corcanadoes, situate in the same Barony, and Kildallen, in the Barony of Tullyhunco, are part of the See Islands of Kilmore, and held under John Copeland JONES, Esquire, with "toties quoties" clauses of renewal. subject to small yearly head rents and a quarter's rent and a moidere every five years on the renewal of the respective leases, which have been all renewed in July last.
The tenement in Cavan, yielding an annual rent of 18l. 9s. 2d., is in the occupation of Mr. Edward KENNEDY, and is held in fee.
For rentals and further particulars apply to Messrs SEYMOUR and WEBB, solicitors for the plaintiff, 4, Kildare-street
BIRTHS
ON the 13th instant, at Freammount, Cootehill, the Lady of William DOUGLAS, Esq., of a son.
MARRIED
On Monday last in the Parish Church of KIlmore by the Very Rev. and Right Hon. Dean Lord FITZGERALD, the Rev. George M'DONALD, of Ballyjamesduff, in this county, to Elizabeth, youngest daughter of the late William GALLAHER, Esq., of the Farnham Arms, Cavan
January 26, 1854
DEATH BY DROWNING--A man name GALLIGAN, was drowned in a ditch as he was returning from Kilnaleck to his home on Tuesday last. An inquest was held on the body by Wm. POLLOCK, Esq., on Saturday, when a verdict of "Found drowned" was returned.
On Tuesday last a man named Peter HAMILL, from the neighbourhood of Crossmaglen, was committed to Armagh gaol, charged with the murder of Patrick M'MAHON, a cotter living at Clonalegg, in the county Armagh. It appeared at the inquest that the deceased man had been quietly returning home from the fair of Crossmaglen in the month of November, when he was attacked by the prisoner, and received such severe injuries about the head and neck as to cause death after having lingered three weeks.--Ulster Gazette
DIED
Jan. 13, at Knappa, in this county, Wm. DERMOTT, Esq., Solicitor, in the 29th year of his age.
County Cavan Newspaper Transcription Project
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