Anglo-Celt
Published in Cavan, county Cavan

March 5, 1857

CAVAN SPRING ASSIZES, 1857.

CROWN COURT -- FRIDAY, FEB. 27.

This morning the Hon. Justice Jackson took his seat in the Crown Court, when the following jury were empannelled, and the trials proceeded ; --

Charles KENNY, John DOBSON, Thos. W. MATHEWS, John NEY, Wm. NEY, Charles M'COMB, Samuel RAMSAY, Robert RAMSAY, John MOORE, David FINLAY, John BERRY, and Bernard HARCROSSAN.

STEALING DUCKS.

Mary MAGUIRE for stealing four ducks, the property of Philip BRADY, in January last.

Philip BRADY having been sworn, deposed to losing the ducks and seeing them again at Ballyhaise.

Pat. BRADY deposed to seeing them on 10th January last, and getting the ducks dead in a garden at Ballyhaise.

The case could not be brought home fully to the prisoner when his lordship directed the jury to acquit her.

INFANTICIDE.

Ann MORRISON for killing her child on 5th January last.

Michael COYLE examined by John G. SMYLY, Esq., Q.C. -- Knows a place called Tycasker, and was digging potatoes there, when he found the child ; it was a boy ; but he could not tell its age ; left the child at the police barracks in Arvagh, there was an inquest held by Mr. BERRY, the coroner ; and after that inquest the body was given to him, and he buried it in the church-yard of Arvagh by directions of the coroner ; he raised the body afterwards by order of the magistrates ; opened the coffin and it was the same child as he had buried ; the magistrate's name was Mr. HICKSON, to whom the child was shown ; knows Mrs. EGAN's.

Eleanor ELLIOTT examined by Mr. HENDERSON -- Witness lives in Cortober, and knows Ann MORRISON ; she was confined to her house and had a male child ; it was a healthy child, and the prisoner remained in witness;s house on the 9th January ; witness was at a funeral, and on her return the woman and child were gone ; the child had clothes on it ; witness saw the dead body of the child in Arvagh church-yard, can't say how long this was after the child had been born ; she was of opinion that it was the same child from its features.

Bridget DUFFY, sworn and examined by Mr. SMYLY -- She was in Mrs. ELLIOTT's, and saw the child delivered; the child was dressed ; went to Arvagh church-yard ; it was the same child ; the child was like the mother -- a fine gossoon. (Laughter) Witness did not attend the inquest ; but the child was the same.

To the Court -- She had no mark upon the child. His lordship very closely examined this witness as to her positiveness upon the child's identify.

To a Juror -- Had seen people after death ; they might change, but the child had not changed ; the child had the same features when she again saw it in the church -yard.

Head-Constable HOPWOOD -- Recollects seeing the child in the barrack, and being at the inquest ; saw it after it was raised, and showed the child to the last witness ; there were some marks on the left side of the neck ; it was the same child that was first found ; there was a post mortem examination held on the child by Dr. SPROULL ; the body was not taken out of the coffin.

To a Juror -- The child was nine days buried when he saw it the second time, and it was not much changed.

Frances MORROW, sworn and examined -- Knows Ann MORRISON who was in her service ; she came to witness' house on the 10th of January ; she asked her what became of the baby, prisoner said it was dead-born ; did not say who the father was ; she remained nine days in her house, and the Head-Constable arrested her the Friday after.

James SPROULL, Esq., M.D., sworn and examined. He deposed to having made a post mortem examination ; the child must have died from strangulation ; there was a conjestion(sic) of the lungs ; there was a mark on the left side of the neck ; strangulation must have been caused by the thumb ; the child was a fine child.

The witness gave similar testimony to the Court.

The Crown here closed the case for the prosecution. The prisoner being undefended, his lordship proceeded to charge the jury in a most feeling address, telling them that they had a most solemn duty to perform -- that both judge and jury had this duty to perform -- more especially when the life of a fellow-creature was at stake ; and, unless from the evidence they were satisfied beyond all reasonable doubt that the prisoner was guilty of the crime with which she stood charged, they would, of course, acquit her. The learned Judge then most lucidly and forcibly proceeded to recapitulate the evidence, after which he very ably defined the duty of a jury in such a case, stating that it was the glorious privilege of our law, that it presumed every individual charged with crime innocent until guilt was proved against them. The jury acquitted the prisoner without leaving the box.

MANSLAUGHTER.

Philip LAWLOR for feloniously killing and slaying Edward REILLY on 1st February, at Drumbrawan. (There was another person named LEATHEM charged, but the Grand Jury ignored the bill.)

Robert JOHNSTON, Esq., Q.C., defended the prisoner.

Thomas M'ENROE examined by John G. SMYLY, Esq., Q.C. -- Knows LAWLOR's house at Drumbrawan, where there was dancing and drinking going on that night ; knew REILLY, who was now dead ; he was there that night, and knew SHERIDAN, It came to blows, and saw LEATHEM strike REILLY ; there was a dragging match took place, and Owen REILLY saved him from being beaten ; LAWLOR had a pair of iron tongs, and raised them over his own head ; he saw REILLY get a blow with the tongs by the prisoner, and he fell down ; the blow was given in the forehead ; the stroke cut the deceased ; he bled and fell upon the ground ; he then took the tongs from Philip LAWLOR, who dropped the tongs and ran into the room ; they, the deceased and prisoner, got buckled again ; when Edward REILLY lifted a stone in his hand, and came into the house again with witness ; at this time the prisoner had an iron crook in his hand, and swore he would knock some man to eternity ; there were no more blows struck ; the women came in and made peace ; did not take REILLY home, but saw him the Tuesday after in his own house ; deceased told witness that he was right well, and that it did not signify ; he took to bed shortly afterwards ; it was upon a Sunday night they had their dancing party ; he lived about twenty-one days after.

Cross-examined by Mr. JOHNSTON -- There was a good party there, and they were middling hearty ; the pipe was not witness's ; Edward REILLY claimed the pipe ; all were good friends up to the quarrel about the pipe ; LEATHEM had nothing in his hand ; the deceased went outside, and he was meaking(sic) peace ; there were blows given outside, and he was beaten outside ; the deceased was incapable of knowing what he was doing ; and himself and the rest were all the same way ; he is sure of LAWLOR striking the deceased with the tongs, and a second time by Phiul LAWLOR, when he bled and fell.

Counsel -- If that be the case I am out of court ; show me this man's informations. The informations having been produced to test the credit of the evidence given by the witness, and were read by the learned counsel, they showed a great disparity of evidence between the informations and his testimony.

Cross-examination resumed -- He did not wish to do all he could, for he thought the man would not have died.

To a Juror -- The night was dark -- there was a great row in the kitchen.

Patrick REILLY examined b y Mr. HENDERSON -- Is father of the deceased, and recollects his son being at the dance, and coming home ; he was in a very bad state then -- he was covered with blood, and his forehead was much cut ; he did not keep his bed after it, but would hold the plough, &c.; he then took worse, and died on the 21st day after the affair ; he said some time before his death repeatedly that he thought he would never rise ; was present when the doctor was with him ; got some ease when the leeches were applied to him ; that case did not continue ; had both priest and doctor with him ; he was sensible in the first stage of illness.

Dr. O'REILLY sworn and examined -- He was called in to attend the deceased man, and found him very weak and had no hopes of his recovery from he first saw him.(sic)

Biddy M'ENROE examined -- Is sister to the first witness ; was at the dance, and heard the dispute about the pipe ; they were all arguing outside the door ; saw the prisoner, but did not see him do anything ; saw REILLY bleeding, but did not see who struck him ; heard the prisoner say that he struck the deceased.

Rose REILLY was next examined, and was at the dance that night, but saw no strokes given.

Cross-examined -- She said that the deceased told her he thought it was prisoner who struck him.

Surgeon William ATKINS examined -- Made a post mortem examination of the body of the late Edward REILLY ; found a wound on the left side of the frontal b one, and a fracture of the bone beneath it ; the injury was caused by some blunt, heavy instrument ; the man died of abcess of the brain, which he discovered on opening the head, and was caused, in his opinion, by those injuries.

THE DEFENCE.

Was opened on behalf of the prisoner in an able address, which was listened to throughout, with the most marked attention by a crowded court, telling them that they could not bring a conviction against any prisoner, unless they were satisfied in their minds, that the prisoner;s was the hand that gave the blow, and that beyond any reasonable doubt. He then commented upon the evidence produced by the crown, especially the first witness, M'Enroe ; his evidence he said was false from beginning to end, and according to the rules of evidence, which require that testimony to convict his client, ought to be of that character, in which the informations will correspond in every iota with the parole evidence. This has not been done by the lead witness for the crown, and I arraign him as a vile and deliberate perjurer. He then went minutely into a review of the evidence given by other witnesses, and concluded an able address, by calling the following witnesses on the part of the prisoner ; --

John LAWLER swor, and examined by Mr. JOHNSTON. -- It was in his house that the dance took place, and the prisoner at the bar was his son ; a row took place about a pipe, and saw the deceased come into the house off the street, all covered with blood ; there never was a tongs lifted in the house to strike any one, the fighting outside was 'weighty' but the prisoner's son eat at the kitchen the whole time, and never went out at all, good or bad ; the deceased man brought in a large stone, when witness asked him did he mean to commit murder ; the stone was, at least 10 lbs. weight. He caught him ad requested him to throw away the stone, or if he did not he would swear house-breaking against him. He (the deceased) forced his way out to fight. After REILLY had received the injury, his son took the tongs, and when the party outside were forcing their way into the house again he told them that if they did he would slaughter them. Witness had a stock in his hand.

Cross-examined by Mr. SMYLY -- He and the deceased were not struggling about the stick. The tongs the whole time were at the fireside where they ought to be. He and M'ENROE had no row that night. Knows LEATHEM, but did not see him do any thing that night. His (witness's) wife would not let him fight, and to prevent him, brought witness into the room.

Catherine LAWLOR sworn and examined by Samuel N. KNIPE, Esq., Solicitor -- Was in the house the night of the unfortunate occurrence. She described the row in much the same way as did her husband. There was great confusion, and stood at her son's back, and asked them what they were going to do to him. Saw the deceased man coming in and he was bleeding. She asked him what had happened him. Witness also asked him who struck him. The deceased said he could not say, but one thing was certain, that he (the deceased) said he would fight any man of 12 stone weight.

This witness was cross-examined by Mr. Henderson, but there was nothing important elicited to controvert her direct testimony.

John BRADY examined -- He was at the house, but he did not go there until eleven o'clock at night. The whole row commenced about a pipe. This witness then detailed the circumstances of the unfortunate affray, which were substantially the same as the former witnesses had deposed to.

To Mr. HENDERSON -- I, married to a sister of the prisoner, and saw the row when it commenced. -- Philip LAWLOR was standing in the door to prevent them coming in, and M'ENROE and the old man were in holts that evening.

Ann BRADY examined -- Was at the dance in question, and was there when the fighting commenced. -- After they went out another party followed them out of the house, and Edward REILLY, the deceased, would go out in spite of her, no matter what she said. The reason she was anxious to keep him in was that he might be kept safe. There was a good number of persons outside, and many of them have since fled the country. Witness's mother and she washed the deceased when he came in bleeding. Would swear, if she was dying, that the deceased was not cut when he went out of the house.

Cross-examined by Mr. SMYLY -- She is sister to the prisoner, and no one could keep Edward REILLY in the house. All was quiet inside when SHERIDAN was put out. Did not see M'ENROE, REILLY, her brother, or any one else get a blow, the deceased did not mention the name of any person at all that had given him a blow.

Mathew SADLIER was examined to show that the prisoner and the deceased were on the most friendly terms even after the row was over, inasmuch as they had often met in his workshop, and conversed in the most intimate manner.

Thomas REILLY, Esq., Butlersbridge, was examined as to character, and gave the prisoner a most excellent one, stating that he was as quiet and peaceable a young man as could be found in the country. A Mr. BRADY gave similar evidence.

The case for the defence here closed, after which the learned Judge charged the jury at some length, going into every fact connected with the case, and explaining the law to the jury, who retired and came into court with a verdict of NOT GUILTY.

MURDER BY A LUNATIC.

Patrick BOYLAN, a dangerous lunatic, was indicted for killing and destroying Catherine BOYLAN, on 10th February.

Mr. SMYLY, on the part of the Crown, said that the only thing necessary now was to have the issue of the jury on the case.

Mr. GALLOGLY, the governor of the gaol, gave evidence to the fact of the prisoner being dangerously insane, and that he had threatened to kill his mother the first opportunity.

INFANTICIDE.

Roseanne LYONS was indicted for the murder of her infant child, byu drowning it in Behey lake.

Terence CALDWELL examined -- Was a sergeant in the militia, and had been out fishing at Behey lake, near Stradone, where they found a child drowned. It had clothes upon its body, and a cap on its head. The dead child, after being taken out of the lake, was brought to the house of a man named LYONS. It was Constable CRAWFORD who took it out of the lake.

Constable CRAWFORD examined -- Was called on by the last witness to see a child ; took the child to Lyons's house, and gave the body up to Constable M'ENNAY.

M'ENNAY was called and deposed to having the child's body in his possession until an inquest was held upon it, and t hen kept the clothes and all in his possession ; Dr. HALPIN attended the inquest.

Thomas LYONS examined -- Recollects CRAWFORD, the policeman, bringing the child to the house, which was put into the barn ; it remained there all night, and the same clothes and all were on it in the morning.

Dr. HALPIN deposed to attending the inquest ; the child was dressed when he saw it, and the clothes were the same at the inquest as when the body was found ; the child must have died with suffocation from drowning ; it might be from nine to twelve months old.

M'ENNAY was re-called and deposed to showing the clothes to the prisoner.

Edward FINLAY examined -- Is a porter of the Cavan Union Workhouse, and had the prisoner in the house ; she was delivered of a female child on the 13th day of September ; the child was a very healthy one ; she left the house last month, and took the child with her ; she returned again, but she had not the child with her ; the child was baptised ; after she returned to the work-house he had a conversation with her ; asked where was her child, and she said it had died in her aunt's ; she said it was buried in Castletara graveyard the Sunday before ; he said he had made some bad hand of her child, and wanted her to stop until morning, but she was gone in the morning and would not wait for breakfast ; the clothes of the child were here identified with the workhouse brand upon them.

Mary MURPHY was the next witness sworn -- She is one of the nurses of the Cavan Fever Hospital, and saw the prisoner there as a patient ; she had a child with her there ; she remained there for some time ; the child had the union clothes upon it, and were the property of the union, all but the cap ; the cap was broken round the ear when she and the child left ; the child's cap was identified ;she was not at the inquest, the child had a swathe(sic) upon it.

To the Court -- Can't say whether that was the swathe..

Anne CLINTON examined by Mr. SMYLY -- Was in the poorhouse of Cavan ; saw the prisoner there and she had a child with her ; described the cap and it was positively the same cap ; it was not a workhouse cap, but was the prisoner's property ; she saw prisoner dress the child that morning, but could not say if it had a swathe upon its body.

Hugh REILLY -- Met the prisoner on the road some weeks ago or about a month ; she was gong Stradone direction, and had a child with her ; met the prisoner a couple of miles from the lake, he did not speak to the prisoner.

The case closed here, when

His lordship proceeded, most feelingly, to charge the jury. He stated that the unfortunate woman at the bar was charged with the willful murder of her child ; and no matter how severe it may be to your consciences, if you are satisfied of the fact of her murdering it, you will find her guilty. His lordship them proceeded to recapitulate the evidence, which he did most lucidly, after which the Jury retired, for about an hour, and returned into court with a verdict of NOT GUILTY. The court was densely crowded during the trial. His lordship said that the verdict was a very proper one, as the case was surrounded with some difficulty. The prisoner was consequently discharged, and this case terminated the crown business of the Assizes.

March 12, 1857

CAVAN GAOL AND THE BOARD OF SUPERINTENDENCE.

Of course, the Board of Superintence(sic) is the "ruling power" of any county gaol ; but we would merely ask, do they restrict their regulations in such a way, that, if a friend called to see a relative of his in the gaol, that he can only get the length of the "check." In Armagh, Monaghan, Omagh, Lifford, Londonderry, Enniskillen, Sligo, &c., this is not the case. If a party call to see a prisoner, in any of the beforementioned prisons, the regular parapharnalia(sic) of examination would be gone through ; but a friend of an officer's in the gaol to see him, should not be prohibited doing so. The wards and apartments in the goal that contain anything of importance, no doubt are firmly barred ; consequently no decent friend of any relatives in it could sin against the "Eighth Commandment." It is really too bad that such restriction should be had recourse to in our gaol ; and we see no reason for it, unless that we could suppose the monetary accumulation of the county was deposited there instead of the authorised Bank. It is preposterous to think that such a system should be tolerated for a single moment ; and we shall be the first to try and shake off this little piece of "feudal officiousness."

PARLIAMENT. -- In the Houses of Lords and Commons, on Monday and Tuesday last, there was no business of any importance transacted. The Speaker of the House of Commons has intimated that he will resign a position that he has held for the last eighteen years, with credit to himself and the benefit of the country.

REJOICINGS.
Major Sharpe, of the Royal Artillery, accompanied by his esteemed agent, John ROGERS, Esq., arrived at Cloverhill, near Belturbet, on Monday, last, and visited his ancestral Drumcarn(Drumearn?) estate in this county.... (transcriber's note: sorry, it ends here)

DIED. On Monday, the 1st of March, aged 73 years, Mrs. Alice M'KETTRICK, the beloved wife of Mr. peter M'Kettrick, of Glassleck, county Cavan. In her the poor have lost a good benefactress, to whom she was ever kind. The esteem in which the deceased was held, was testified by the large concourse of persons of all creeds and classes who accompanied her remains to the family-burial ground, in Magheracloon, some of whom came a distance of ten miles to pay the last tribute of respect to her departed Worth. May she rest in peace.

COUNTY OF CAVAN.
DIVISION OF COOTEHILL.
A List of Applications received by the Clerk of the Peace from Persons seeking
EXCISE LICENSES,
For the Sale of BEER, SPIRITS, &c., by Retail, within said County, pursuant to the 3rd and 4th WM. IV., ch.68; 6 & 7 WM. IV., ch., ch. 38; and 17 and 18 VIC., ch 89; and 18 and 19 VIC., ch 62; to be heard and enquired into
AT COOTEHILL,
On Monday, the 30th day of MARCH, 1857, Immediately after the Grand Jury shall have been Sworn.

No.	Name	Residence	Parish	Barony
1	Carolan, John	Kingscourt	Enniskeen	Clonkee
2	M'Govern, Catherine	Cohaw	Drumgoon	Tullygarvey
3	Porter, Matthew	Ryefield	Munterconnaught	Castleraghan
4	Swift, James	Cavan-street, Cootehill	Drumgoon	Tullygarvey
5	Skelly, James	Behernagh	Munterconnaught	Castleraghan
6	Teirney, Rosette	Cootehill	Drumgoon	Tullygarvey

March 19, 1857

COUNTY OF CAVAN

DIVISION OF CAVAN
A List of Applications received by the Clerk of the Peace from Persons seeking
EXCISE LICENSES,
For the sale of BEER, SPIRITS, &c, by Retail, within said County, pursuant to the 3rd and 4th WM. IV., ch. 68 ; 6 & 7 WM. IV., ch. 38 ; and 17 and 18 VIC, ch. 89 ; and 18 and 19 VIC., ch. 62 ; to be heard and enquired into
AT CAVAN
On Friday, the 3rd day of April, 1857. Immediately after the Grand Jury shall have been Sworn.

No.	Name	Residence	Parish	Barony
1	Rergin, John	12, Main-street, Cavan	Urney	Upper Loughtee
2	Burns, Patrick	Portaliffe	Killeshandra	Tullyhunco
3	Cusack, John	Dublin-street, Ballyjamesduff	Castleraghan	Castleraghan
4	Fitzpatrick, John	Main-street, Belturbet	Annagh	Lower Loughtee
5	Malone, James	Main-street, Cavan	Urney	Upper Loughtee
6	O'Neill, Peter	Carlismore	Ballinteample	Clonmaghon
7	Walsh, Thomas	Granard-street, Ballyjamesduff	Castleraghan	Castleraghan

March 26, 1857

COUNTY OF CAVAN
DIVISION OF CAVAN
A List of Applications received by the Clerk of the Peace from Persons seeking
EXCISE LICENSES,
For the sale of BEER, SPIRITS, &c, by Retail, within said County, pursuant to the 3rd and 4th WM. IV., ch. 68 ; 6 & 7 WM. IV., ch. 38 ; and 17 and 18 VIC, ch. 89 ; and 18 and 19 VIC., ch. 62 ; to be heard and enquired into
AT BALLYCONNELL.
On Wednesday, the 8th day of April, 1857. Immediately after the Grand Jury shall have been Sworn.

No.	Name	Residence	Parish	Barony
1	Cassidy, Michael	Tullytrasna	Templeport	Tullyhaw
2	Donohoe, Terence	Main-street, Ballyconnell	Tomregan	Tullyhaw
3	Gallagher, Jane	Main-street, Cavan	Urney	Upper Loughtee
4	Hamilton, John	Derrinlester	Killinagh	Tullyhaw
5	M'Gaghran, John	Kilcunny	Annagh	Lower Loughtee
6	M'Hugh, Thomas	Barran	Killinagh	Tullyhaw
7	M'Guire, Francis	Kiltomulty	Killinagh	Tullyhaw
8	M'Guire, John	Kilsob	Templeport	Tullyhaw
9	Prior, Denis	Ballymagauran	Templeport	Tullyhaw
10	Slevin, Mary Anne	Main-street, Swanlinbar	Kinawley	Tullyhaw

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