Cavan Observer
Published in Cavan, county Cavan
March 5, 1859
CAVAN SPRING ASSIZES
GRAND JURY
Monday
The grand jury sat on Monday for the hearing on malicious injuries at the conclusion of which
Mr. GAHAN, County Surveyor, made an application to the grand jury for an extra assistant as his present staff was quite inadequate. Cavan was a straggling county, and he had but three assistants. He had, on several occasions, paid for assistants out of his own pocket, and had, of course, lost (?) by it.
The Foreman said that the grand jury did wish him to have to pay for his assistants.
Mr. GAHAN said that the county of Monaghan had four assistants; Carlow, four; Armagh, twelve; and other counties as many as fourteen.
One of the grand jury inquired what salary was given to the assistants. Mr. GAHAN said they received £50 a year each. After some further discussion,
The Foreman said that the question should be reserved for the Board of Superintendence. The matter was then dropped.
{We have been since informed that Mr. GAHAN's application was refused.]
The grand jury were then occupied until the arrival of the judges with considering matters consisting with the transmission of paupers, and other business.
CROWN COURT--MONDAY
The commission was opened for this county Monday last, at three o'clock, with the usual formalities, by the Hon. Judge BALL.
The following gentlemen were re-sworn to the grand jury:
Robert BURROWES, Esq., J.P., D.L., Foreman; Hon. Somerset MAXWELL, Theophilus CLEMENTS, Esq., Capt. George De La Poer BERESFORD,James HAMILTON, Esq., Joseph STOREY, Esq., J. H. ADAMS, Esq., Benjamin S. ADAMS, Esq., R. J. CUMMINS, Esq., D. F. JONES, Est., Samuel WINTER, Esq., Nathaniel MONTGOMERY, Esq., James STOREY, Esq., Captain M. PHILLIPS, G. H. L'ESTRANGE, Esq., John LITTON, Esq., William TATLOW, Esq., William Armitage MOORE, Esq., R. S. DICKSON, Esq., R. ERSKINE, Esq., James M'LENAHAN, Esq., E. M'INTOSH, Esq.
His lordship, in addressing the grand jury, in so low a tone of voice as to be nearly wholly inaudible in court; but we understood him....His lordship then proceeded to fiat the presentments and affirmed the awards of the grand jury.
UNLICENSED ARMS
Thomas MULDOON was charged with having (?) arms in his possession in a proclaimed, in this county, knowing same to be contrary to law. The prisoner pleaded guilty. Sentence deferred.
LARCENY
Bridget MURRAY pleaded guilty to a charge of having, on the 7th February, 1858 stolen a sum of seven shillings from the person of James LYN(illegible) and also Margaret REILLY pleaded guilty to having stolen a quantity of butter, the property of a woman named Bessy SHERIDAN.
His lordship deferred sentence in both cases.
RAPE
Edward NESBITT was indicted for having on the 14th of January, 1859, at Tullyhaw, in the county of Cavan, feloniously assaulted Mary SMITH, with intent to commit a rape upon her person.
Mary SMITH, the prosecutrix, who deposed that she had been a servant to the prisoner's mother and that she had given the prisoner no encouragement and that in endeavouring to commit the offence he had torn her dress; and that the prisoner had not succeeded in his unlawful attempt.
She was cross-examined by Mr. DOWSE, and admitted that, when she requested the prisoner to desist, he had done so. Mr. DOWSE also read depositions taken before the petty sessions' clerk in which it was stated that the prisoner had succeeded in violating her. The witness, in answer to Mr. Dowse, said that the clerk had substituted his words for hers, as she could not convey her (illegible) in suitable language.
The Petty Sessions Clerk (Bernard REILLY) then examined, and said that he took down the depositions of the prosecutrix; that he read them over to her at the time, but that he did not write down her exact words.
His lordship severely reprimanded the witness for not doing so, and said that a public officer, like him, filling a responsible situation, should not have displayed gross ignorance of his duties.
Mr. SMYLEY addressed the jury for the prosecutrix, and Mr. Dowse replied on behalf of the prisoner, contending that the case had entirely broken down and that the prosecutrix had prevaricated by contradicting her former informations.
His lordship then charged the jury, who, after a short deliberation, returned a verdict of not guilty.
The prisoner was then discharged and the court rose.
TUESDAY
His lordship sat this morning at ten o'clock. After the hearing of road traverses, the Foreman of the grand jury then came in court, and informed his lordship that the grand jury had found true bills against Patrick RUDDON, Thomas FARRELLY, and James REILLY, for an assault on Michael BLAKE, of Drumleany, on the night of the 28th of February, 1859.
The prisoners were then placed in the dock; and on being asked whether they were guilty or not stated that they were not prepared for trial.
They were then asked if they could procure (illegible), and, on answering in the affirmative, were remanded to await the decision of the magistrates as to the amount of bail.
SENTENCES
The prisoners who had pleaded guilty on the previous evening were then brought to receive sentence.
Thomas MULDOON was the first prisoner called. His lordship said that the offence to which prisoner had pleaded guilty might, under certain circumstances, be looked upon as a very serious one. He was glad, however, to find that the present case was not of a serious nature, as he believed the prisoner had no unlawful object in view. In cautioning the prisoner against committing the offence in future, his lordship ordered that he should be discharged upon entering into his own recognizance to appear when called upon.
Bridget MURRAY was then placed in the dock. The prisoner appealed to his lordship to deal leniently with her, and that she would never come before him again. His lordship said that the prisoner had been previously convicted three times of similar offences. She need not, therefore, be surprised at the sentence he was about to pass upon her--namely, that she be kept in penal servitude for a period of three years.
Margaret REILLY was next brought up. The prisoner (an elderly woman) begged of his lordship to have mercy upon her, for the sake of her four desolate orphans. His lordship said that he felt it his duty to pass a very severe sentence upon her. She was evidently an old offender, and had been committed five times previously of similar offences. The prisoner said she would go into the workhouse as soon as she got out of prison, if his lordship would not be hard upon her. His lordship said he would sentence her to five years' penal servitude.
This announcement seemed to take Mrs. REILLY by surprise; and she screamed loudly that she was ruined, and continued to clap her hands and shout, until she was forcibly removed.
Some applications for the maintenance of deserted children were then heard, after which the court rose, the crown business having terminated.
RECORD COURT
(Before Mr. Justice PERRIN)
His lordship did not sit on Monday.
TUESDAY
The court sat at ten o'clock this morning for the hearing of appeals.
A case of seduction, in which a dismiss was given, and a few trifling cases having been disposed of, the following appeals were tried.--
CLINTON, V. M'INROE
This was an action brought to recover the amount of seventy weeks' lodging. The case had been tried before the Assistant Barrister, and a verdict given for the plaintiff, and the present action was an appeal from that decision. His lordship affirmed the former decision.
Mr. M'Gauran appeared for the appellant, and Mr. John Armstrong for the respondent.
ANNESLEY V. CAFFREY
This case was tried at the last quarter sessions, and reported at the time in the OBSERVER, counsel on both sides agreeing to have it tried at the assizes, as some important legal points were reserved.
Mr. MAJOR, Q.C., who appeared for the appellant in this case, opened the pleadings. He said it was an action brought by his client, Lord Annesley, for a year's rent, due on the 1st November, 1858, out of certain premises, held by the defendant, at a rent, by lease, of £13 13s. per year.......
Court--I have heard all this before; and I supposed you cannot throw any further light on the case. I cannot, however, give my judgment on the present occasion. I will reserve it till after circuit.
HEALY v. LAHY
This was an action brought by the plaintiff for the recovery of £39 15s., the amount of an accommodation bill, which the plaintiff had accepted from the defendant...His lordship charged the jury, who returned a verdict for the amount claimed. Mr. Dowse applied for an immediate execution, as several actions were pending against the defendant, and his client would lose the benefit of the verdict obtained by him unless an immediate execution was granted.
His Lor
dship, having referred to the Act of Parliament, Mr. Dowse said he would engage that no proceedings would be taken by his client until the expiration of fourteen days. He merely wanted the legal security of an immediate order.
His lordship complied with this request, after which the business of the court terminated.
BIRTH
February 20th, at Bailieborough, the wife of Dr. Mark MOORE, of a daughter.
MARRIED
November 4th, by the Rev. John DOUGLAS, D.D., David SCOTT, Esq., of Beaver county, and Miss Jane FAUSSETT, of Allegheny city.
ROMAN CATHOLIC OATH BILL--At a meeting of the Acting Committee of the Scottish Reformation Society, held on the 1st inst., it was agreed unanimously to "Petition against the Oath Bill of Mr. FITZGERALD, which alters, in a very sweeping way, the oath at present taken by Roman Catholic Members of Parliament, and is, probably intended to pave the way for further acts of Popish aggression."
THE COURT OF CHANCERY--MASTER EXTRAORDINARY--On Saturday last, upon the motion of Mr. James HAMILTON, in the Court of Chancery, Mr. Daniel CRAWFORD, of Ballyshannon, was appointed master extraordinary for taking affidavits in that town and the adjoining counties.
WESTMEATH SPRING ASSIZES
Chief Justice MONAGHAN opened the commission on Friday, Feb. 25. The grand jury having been re-sworn, his Lordship said he was very happy to be able to state that the attendance of grand jurors upon that occasion was greater than at the previous assizes....
A PHOENIX CASE
Martin FALLON was charged with having in his possession the passwords from illegal societies. The prisoner was arrested in Castletown, county Westmeath, on the 3rd of February. He had been drinking in the shop of a man named KENNY, and as he (prisoner) had been violent in his conduct on last pattern day, upon which occasion he kicked in the panel of his (Kenny's) counter, he turned by him out of the shop. The police found in his waistcoat a document containing these passwords....The case for the Crown was conducted by Sergeant BERWICK, Mr. ROBINSON, Q.C., Mr. BALL, Q.C., and Mr. GRIFFITH.
Mr. J. A. CURRAN and Mr. BYRNE defended the prisoner.
Sergeant BERWICK stated the case for the Crown. He referred to the various acts of Parliament...for the purpose of putting an end to that which had been the bane of Ireland, and had extended to England, Scotland, and America, namely the Ribbon Society....It would be proved that the prisoner went to America ten years ago, and returned to Ireland eleven or twelve months ago, and he had not any settled place of residence. When he was arrested he stated that he was not long out of America; that he brought the papers from America; that the paper found on him was the ticket of "The Shamrock Benevolent Society of New York;" that he had many such papers in his trunk; and that he carried the document found on him in his waistcoat pocket, not knowing it was any harm to do so. It would also be proved that the passwords corresponded with those recently issued by the society in America, and with those distributed to the persons who were arrested last December, charged with an offence similar to that for which the prisoner was arraigned.
The evidence was to the effect that £38 were found in the trunk of the prisoner, the rules and regulations of the society in America, and a certificate of naturalization, granted to him in 1854, by the United States.
Several witnesses were examined, and the prisoner was found guilty.
COUNTY ROSCOMMON ASSIZES
CROWN COURT
(Before Judge KEOGH)
EMBEZZLEMENT BY A POSTMISTRESS
Jane HILL, the postmistress of Tulsk, in this county, a very respectable-looking and well-attired person, was indicted for having on three several occasions, between August and October, 1858, feloniously embezzled the sum of one shilling, the amount of postage paid on letters directed for America.
Messrs. WEST, Q.C., WHITE, and CONCANNON appeared for the Post-Office authorities.
The prisoner was defended by Mr. BOURKE, Q.C.
It appeared that the prisoner had been postmistress of Tulsk for about ten years, and on the 27th of October last, Mr. MAITLAND, the deputy inspector, visited the office at Tulsk, in the absence of the prisoner, and he found several letters addressed to persons in America lying on the shelves in the office discoloured, and appearing to have been there for a long time. On none of these letters was put the usual post mark in red ink implying that the postage had been prepaid, and which, in such event, it was necessary should have been done. Mr. MAITLAND took those letters at once into his possession, and proceeded to Strokestown, where the prisoner was, and interrogated her on the matter, when she said she was unable to account for the letters, and supposed it was her neglect.
Mr. Maitland, and several witnesses were examined to prove the foregoing facts, the posting of some of the letters, and their prepayment.
Mr. Bourke, Q.C., addressed the jury on behalf of the traverser, and after a charge from the learned judge, the jury found her not guilty.
THE TALLEST MAN IN THE WORLD--Mr. MURPHY, the Irish Giant, who has created such a sensation on the Continent, is now residing at Rostrevor.
SUDDEN DEATH OF MR. JOHN PEEBLES, C.E.--It is our painful duty to announce the sudden death of Mr. John PEEBLES, C.E., Newry Navigation Company, at his residence, Canal-street. The deceased had been subject to epilepsy, and on Friday morning was found dead in his bed, having returned the previous evening, in good health and spirits from a wedding party.--"Newry Telegraph."
DEATH OF A CENTENARIAN--On the 4th inst. in the 101st year of his age, Mr. Robert ALLEN, late of Tullynashane, in the vicinity of Caledon. He was for nearly 53 years a Ruling Elder in the Presbyterian Church, Caledon. He was in the Volunteers, and was reviewed by the Earl of Charlemont at the famous Dungannon Convention.--"Armagh Guardian."
March 12, 1859
PETTY SESSIONS COURT--MONDAY
(Before Theophilus Thompson, William Babington, R. Hickson, R.M., Nathaniel Montgomery, and A. Carden, Esqrs.)
A charge of abusive language, and some other trifling cases, having been disposed of,
Samuel WILSON, of Rahulton, summoned Mary ARMSTRONG, of Cavan, for an assault.
The complainant on being sworn, stated that he went into defendant's house on last fair day, and called for some drink; that he had 7l. in a purse; that he received change for a 1l. note from defendant; and that subsequently, when he missed the remainder of his money, and told defendant that he had lost it in her house, she assaulted him in a violent manner, tearing his hair and scratching his face, &c., and that he was a little the worse of drink at the time.
Defendant's husband appeared to rebut the charge.
David REID deposed to seeing defendant and plaintiff fighting and that, as far as he could see, defendant had commenced the "row" on complainant saying he had lost the money in her house.
Mary DEVINE (servant to defendant) was examined without being sworn, as she could not explain the nature of an oath; but gave no material evidence.
Defendant's husband stated that complainant had come into his house drunk on the day in question, and said that he had lost his money; that he had some drink there; that he afterwards said he lost his money in witness's house, and assaulted defendant.
After the examination of other witness's and carefully sifting the evidence, the Bench fined defendant 5s. and 7s. 6d. costs, severely reprimanding defendant's husband, who, as an ex-policeman, and owner of a public house, he should have given complainant every assistance in searching for his money....Their Worships also directed Sub-Inspector NAPIER to bring the matter before the proper authorities at the next revision of licenses.
Patrick NOLAN summoned sub-constable WALLACE for an assault on the 15th February. Complainant who had been previously fined for being drunk on that day, said that he was going, with two other boys, towards his home, and that Wallace followed him, and without asking his name, or making any charge against him, collared him, knocked him into the "shough" and knelt on his chest, &c.' that he had only drank his share of three naggins of whiskey amongst five.
James MONAGHAN and Denis KEEFFE corroborated complainant's statement.
Wallace, in his defence, stated that complainant is going home, had made a kick at one of Mr. KERR's dogs, and that he was directed to follow him, and ask his name; that complainant behaved violently, and said "no man in the barracks could take him;" and that he did not assault him.
Head-Constable MOORE and others having been examined in support of this, their worships dismissed the charge, and shortly after adjourned.
COOTEHILL PETTY SESSIONS--SATURDAY
(From our Special Reporter)
Magistrates present--Samuel R. Moorehead, Wm. Murray, and Edward M'Intosh, Esqrs.
Samuel MOORHEAD, Esq., in the chair
Patrick and Edward M'DONALD summoned Hugh MURPHY, Drumgreen, for 1l. 10s 1d. balance of wages for mason-work done for defendant, who is also a mason, at contract works, which the defendant had taken from Mr. HAGUE, Cavan, and Mr. FLEMING, Monaghan.
Left to arbitration.
Henry Theophilus CLEMENTS, Esq., Ashfield Lodge, complainant; Lucy HEATHERTON, defendant
Defendant was charged with having, on several occasions, broken down fences and trespassing in Ashfield Demesne.
Marshall PENNYFIELD sworn and examined--Is in the service of Colonel Clements; had orders from the Colonel, who is from home, to summon any person found trespassing; found defendant gathering bra(illegible); had warned her before
Mr. Murray--Well, my girl, what do you say? Why did you trespass?
Defendant (a young, innocent-looking girl)--The fences were not good, sir; I didn't break them down; I only went to gather some fire-wood. There were many might be found in it as well as me.
Mr. Moorehead--That makes no matter. You left yourself liable to be sent for a week to Cavan gaol.
[Defendant here burst into tears.]
Mr. M'Intosh--Where do you live? Do you live with your parents?
Defendant--No sir; I live with Francis GRIMES. My father left the country, and my mother is dead.
The Chairman (to Pennyfield)--I think it's Grimes should be here, and not this unfortunate child, who, no doubt, was sent by him to gather the firewood.
Pennyfield--Her master is here, your worship.
Chairman--Call him.
Grimes having appeared, the Chairman told him he was the person who should be summoned, and asked him how could he place a mere child in danger of a week's imprisonment, and hoped Colonel Clements would hear the whole circumstances of the case.
After some consultation, their worships fined defendant 2s. 6d., not to be levied if she did not trespass again.
Grimes had to pay the costs.
IMPORTANT TO MILLERS
Wm. Henry JACKSON, Esq., Cremorne Mills, county Monaghan, appeared to prosecute John FAY, Kilacreeney, near Cootehill, and George HUSTON, barrowman, Cootehill, for an attempted fraud on Saturday, 12th February in Cootehill Oat-market.
Mr. John DUDGEON, Clones, who appeared for Fay, said he wished to make an offer to complainant. Fay, his client, was willing to accept the payment of the amount Mr. Jackson himself acknowledged was the right according to the weight of the oats.
Mr. Jackson--Of course, I am quite willing to pay that amount, but, I am anxious, on public ground, that this case should be tried.
Mr. Dudgeon--Oh, very well; my only reason for making the offer was this. We are charged with the serious crime of an attempted fraud. If entirely cleared of it--which must be the case--we intend seeking redress in another court. Let the trial now go on.
Charles DOHERTY sworn and examined--I buy oats for Mr. Jackson on the morning of the 12th February. I bought John Fay's oats; was told that morning by one of the barrowmen, John DALY, if I bought Fay's oats to be sure and re-weigh it before paying for it; I was on the watch, re-weighted the oats, and found it eight stone short of the weight in his docket....
Mr. Jackson--I have suffered considerably by light weight for the last two years, but particularly this last year, being from one to two barrels short in almost every market's buying. I am desirous of being examined (sworn). On hearing from my inspector of Fay's case, I went to the Crane-master, Mr. HORAN....
Mr. Patrick HORAN, crane-master, sworn and examined--I recollect the occurrence on the 12th February; I was not in when Mr. Jackson called, but immediately after went with him to his store; the oats was emptied when we arrived; a few days after Fay called with me and said he wished to speak with me; I said, "what is it John? I am in a great hurry;" he said it was about that unfortunate business on Saturday; that his boy had brought him into it.
[Witnesses HUSTON, Hugh FITZPATRICK, barrowman for six or seven years; James ARMSTRONG, Corwillis, Ashfield sworn and examined.]
Mr. Dudgeon was about addressing the bench, referring to the act under which the summons was issued, when the chairman interrupted him, saying the magistrates had concluded there was no case against his client.
Mr. Dudgeon--Thank your worships. There is a cross-case, in which my client seeks payment for the oats delivered, but I suppose Mr. Jackson is willing to pay it.
Mr. Jackson--Oh, certainly at once.
The Court, which had been crowded during the trial, immediately cleared, and their worships shortly after adjourned.
BIRTH
On Thursday, the 3rd instant, at Virginia, the wife of Mr. H. B. ELLIOTT, of a son.
CO. FERMANAGH ASSIZES
Thursday, March 3
CROWN COURT
The Right Hon. Judge PERRIN took his seat in this court at ten o'clock, and immediately proceeded to try the prisoners.
Terence MURRAY was indicted for an assault on and stabbing Michael ROONEY.
Verdict--Not Guilty. Mr. Dowse, defended the prisoner.
CROWN COURT--FRIDAY
ORANGE PROCESSION
Henry ROBINSON and Christopher GREENLEES, an elderly man and a young lad, were indicted for being concerned in an Orange procession on the 12th of July, 1858, at Toppid Mountain.
Mr. PATTERSON, Sub-Inspector of Constabulary, stated that he was on duty on Toppid Mountain on the day in question, as an out-door preacher, Mr. GRACEY, was expected to preach that day; that he saw a number of people collecting at foot of the mountain; they were in small parties, carrying banners and party colours; saw both prisoners; saw ROBINSON first when going to the mountain; saw GREENLEES on the road with other lads; he wore party coloured ribbons; sent a policeman to get him to removed them; they were removed; saw him afterwards on the mountain with them on again; saw various banners of different colours among others a Union Jack; saw a man who carried a pistol; also heard music; is of opinion that the procession was calculated to provoke animosity among the different classes of her Majesty's subjects......
His Lordship considered that the evidence showed that the prisoners were in a different party or procession, and were therefore not properly joined in the indictment.
The prisoners were acquitted.
Saturday, March 5.
Samuel FOSTER, Edward CUFF, _____ Levingston, and another, were indicted for a riot at Enniskillen, on the 10th July last, and an assault on Francis GIBSON
It appeared that some young farmers going home from the fair passed some navvies and called out "To hell with the Pope!" The navvies in general are Catholics. A row immediately ensued.
Several witnesses were examined. The jury found the prisoners not guilty.
His Lordship then proceeded to rule the books.
Mary Jane HENDERSON, concealing the birth of her child--Twelve calendar months, with hard labour suited to her sex.
Pat M'HENRY, common assault--Six months' imprisonment from date of committal.
Pat M'NALLY, and John ROBINSON, picking pockets--Fifteen calendar months' imprisonment, with hard labour, and to be kept in solitary confinement the first three days of every second month.
Laurence HEANEY (a mere child), stealing a watch--Two years' imprisonment, and during that time to be kept closely at school, and learning some useful trade.
Anne KANE, stealing a shawl--Twelve months' imprisonment.
March 19, 1859
PETTY SESSIONS COURT--MONDAY
Magistrates present--Theophilus Thompson, Esq, W. Babington, Esq., R. Hickson, Esq., R.M., and Captain Carden.
The first case was that of
Owen HUNTER v. James CUSACK
The complainant sought to recover 10s. 5d. balance of a contract with defendant for the digging of some potato ground.
HUNTER, on being sworn, stated that he agreed with CUSACK to dig an acre and a half and nine perches of potatoe ground, and was to receive twenty five shillings an acre, and that defendant refused, when the work was finished to pay him more than 12s. 6d. an acre. He handed up a note from a surveyor named BRADY, who had examined the land.
Mr. Thompson--Was any one present when you made this agreement.
Complainant said that a man named SMITH, who was in the court as a witness, was present at the time.
Thomas SMITH stated that he was present at the agreement between the parties; he had been referred to by them; defendant offered complainant £1 an acre which he refused; defendant afterwards offered £1 2s, 6d, which he (witness) said at the time was the regular sum per acre, provided complainant did it properly; and that he agreed to this, as well as witness could recollect.
Complainant--Didn't I say then--when he offered me that--that I would not take twenty-four shillings an acre.
Witness--You might, but I have no recollection of it; it's a good while ago.
The Bench inquired how soon after that conversation did complainant commence digging.
Defendant--The next morning, your Worship.
After some further questions, the Bench dismissed the case, as there was no evidence that defendant had agreed to give more than the sum paid by him.
William WHITE v. John F. DUNN
The complainant in this case stated that some time ago his watch fell, and was injured; he brought it to Miss MURRAY's shop in Cavan, and showed it to her foreman, who said that the pivot of the cylinder was broken, and offered to repair it for 6s. 6d.; complainant said he thought this was too much; the watchmaker said he might bring it to Mr. DUNN, who would perhaps charge him more; complainant did bring it to Mr. Dunn, immediately after leaving Miss Murray's; Dunn examined the watch, and told him that the pivot of the cylinder was broken, and agreed to repair it for 4s. 5d.; left the watch with Mr. Dunn and called afterwards to know if the watch was repaired, when Dunn told him that the body of the cylinder was broken, and that a new cylinder would be required, for which complainant would have to pay; complainant reminded him that he had told him previously that only the pivot was broken.........Dunn then gave him that watch, and refused to have anything to do with it; brought it then to Miss Murray's foreman, who immediately said that some one had the watch since he saw it last, and that the cylinder had been broken since he examined it;....
Alexander CRUIKSHANK was sworn and deposed that he is foreman at Miss Murray's establishment; complainant brought him his watch as stated.....swears positively that the cylinder was not broken on the day the watch was brought to him first.
Mr. Dunn questioned the witness as to the manner in which he had examined the watch....The witness was then questioned by the Bench, and said that the body of the cylinder could not be injured without his knowledge....Complainant was questioned by the Bench as to whether he had brought the watch to any person but the witness and Mr. Dunn, and swore that he had brought it to Mr. Dunn immediately on leaving Miss Murray's shop......
The magistrates after some further questions decided that Mr. Dunn was bound to repair the watch for 6s. 6d. After some objections Mr. Dunn acquiesced and told complainant his watch would be ready for him in three weeks.
Patt LYNCH was summoned for having his pig straying on the streets.
There being no other cases the Court then adjourned.
MANSLAUGHTER--We regret to state that on Sunday last a young man, named Bernard SMITH, lost his life in a drunken brawl at (illegible), within two miles of Ballyhaise. It appears that deceased, his brother and some acquaintances, were drinking together, and some dispute having arisen between them, they proceeded to blows. A man named CLARKE, a respectable farmer, who interfered, had his arm broken. The combatants fought along the Ballyhaise road, and deceased was struck by a man named REILLY, and his brother, Hugh SMITH, was also severely wounded. Deceased only survived until the following morning. An inquest was held on the body, on Tuesday, before Mr. M'FADIN, one of the coroners for this county, and Dr. ATKIN, who made a post-mortem examination of the body, deposed that death was caused by a blow over the right ear, inflicted by some heavy, blunt weapon. A verdict of manslaughter was returned against REILLY, who has made his escape, but the police are on the look-out for him. Deceased's brother, though much injured, is progressing favourable, under the skillful treatment of Dr. ATKIN. It seems that there was nothing of "party" feeling in the quarrel, as the parties were all Roman Catholics.
THE CHURCH
An address and testimonial of place is about being presented to the Rev. William JEFFCOTT by the parishioners of Lissadill, diocese of Elphin, of which parish he has been curate for twenty-one years.
The Rev. W. R. NESBETT, Vicar of Monsea, near Nenagh, has been presented by the Lord Bishop of Killaloe to the living of Newmarket-on-Fergus, vacant by the removal of the Rev. Mr. STAWELL to the parish of Aghnaneadle. The Rev. Henry WAKEHAM, Curate of Yonghalarra, succeeds Mr. NESBETT in the vicarage of Monsea.
THE LATE REV. H. S. CUMMING.--A subscription has been commenced for the family of this much esteemed clergyman, who, we regret to learn, have been left comparatively unprovided for.
A very valuable gold watch and chain, and several important books, have been presented to the Rev. J. MEASE, Curate of Freshford, by some of the parishioners.
By the death of the Rev. A. M. EVANSON, the living of Anagheneadle, diocese of Killaloe, becomes vacant. It is the gift of Lord Riversdale, Bishop of Killaloe.
The Rev. Walter T. TURPIN, having resigned the curacy of Templehamy, diocese of Killaloe, has been appointed to that of Lynally, diocese of Meath, by the Rev. Ralph COOTE.
The Rev. Jonathan HARDING, having resigned the curacy of Ardnurcher, diocese of Meath has been appointed to that of Ballinderry, diocese of Connor, by the Hon. and Rev. W. S. BLACKWOOD.
March 26, 1859
MARK OF RESPECT TO JAMES WANN, ESQ.--MANAGER OF THE PROVINCIAL BANK, CAVAN--It gives us much pleasure to notice a handsome testimonial presented to this gentleman. A highly influential deputation from this town waited upon the Directors of the Western Banking Company in Belfast, on the 23rd instant, having been deputed to bear the large sum of £550, presented to Mr. WANN by his friends, as a mark of their esteem for him as a gentleman and man of business.
ROYAL COLLEGE OF SURGEONS OF IRELAND--We feel much pleasure in mentioning to our numerous readers that Mr. James PARKER, jun., son of our highly-respected townsman, Mr. James PARKER, sen., having been solemnly and publicly examined on two several days, obtained letters testimonial from the College of Surgeons qualifying him to practise surgery. Mr. PARKER received his education at the Royal School of Cavan. We sincerely wish him every success in his profession.
TELEGRAPH TO CAVAN--We understand that the Midland Great Western Company are about opening telegraph communication between this town and Dublin. The wires are up as far as Ballywillan station already, and will soon be completed to Cavan. This will be a great boon to commercial men in this and the neighbouring districts.
PETTY SESSIONS COURT--MONDAY
(Before W. Babington, Esq., J.P.; and Captain Carden, J.P.)
Margaret CUSACK, Shankill, summoned Luke OLWILL for £1 6s., the amount of wages due by him to her according to agreement.
The plaintiff stated that she had been a servant with the defendant; that on the Tuesday previous he had gone to market in the early part of the day, and when he came home in the evening he abused her for not having a candle made; she told him she had not means to make one; that he then commenced abusing her and called her a blackguard, a tinker, a shooler, &c.; she reminded him that she was an orphan--that he had children of his own, and did not know who might be "taking a mouthful out of them yet;" she went to bed, for peace sake, but he still continued his abusive language, and followed her upstairs; was in bed at the time with another girl who worked in the house; he pulled the bed clothes off her, and beat and battered her, swearing that he would not allow her to remain in the house that night; the other servant girl and his wife begged of him to do so, to which he finally consented, and allowed her to remain until morning; only re(illegible) her wages; had very hard work; had to mind the child; attend to the house, milk five cows, wash for three men, and do many other things.
Jane MERVYN, the servant girl alluded to by the prosecutrix, was then sworn, and stated that she heard the plaintiff and defendant scolding; was in bed with plaintiff when defendant came up to their room; he pulled the clothes off the bed in order to get at plaintiff; witness got greater part of what was intended for plaintiff, as it was her hair defendant was pulling in mistake.
Defendant--Why your worships I never employed the girl at all; it was my brother hired her in December; (sworn)--she got great with my wife, and we always treated her as well as my little girl could be treated; she used to abuse my mother to all ends; she was out of my house for three weeks, and never did a hand's turn for us; she pretended that she was sick......
A relative of the defendant was examined as to complainant's character, and said he lived next door to her, and always thought her a very honest little girl.
After some further cross-examining the magistrates decided that defendant should pay £1, which would include costs, deducting six shillings for the time that the complainant had been absent from his employment.
A HAPPY FAMILY
Thomas GAFFNEY summoned Philip GAFFNEY and Patrick GAFFNEY for an assault
The complainant, an elderly and eccentric looking individual, who terminated each sentence with an emphatic "Do you see, gintlemin?" stated that on the 5th of March he was standing near his house when the defendant, Phill GAFFNEY, came up to him and commenced at him.
Bench--Who owns the land?
Phill--I do your Worships.
Tom--It's me, gentlemin; do you see, he's a disable ould fellow, and I worked the land for him; we live in the one house, do you see, and this chap (pointing to Patt GAFFNEY) got married lately, and they want to get rid o' me....
Phill GAFFNEY--Well, your Worships, if you'll hear me speak, I'll tell you the truth. He's only a boy I to kin in the hard times; he's a heckler by trade, but he couldn't do anything at it, an' I kept him in the house with me.
Bench--Is he any relation of yours?
Phill--He's my brother, your Worships....
Bench--(to complainant)--have you any witness here to prove the charge?
Tom--I have; this chap's sister (pointing to Patt); she saw the whole of it do you see.
The girl--niece to complainant and the elder defendant--was examined, and stated that she was present at the time of the occurrence described by complainant; saw complainant assault Phil Gaffney; saw Patt Gaffney try to separate them....
The Bench said that complainant's witness contradicted all had previously sworn to....
After some more interesting family disclosures, the Bench dismissed the case; and the successful Gaffney's let the court, thanking their worships for their decision.
The last words we heard from poor Tom (who looked rather crest-fallen) were--"They'll have my life when I go home, for they're all agin me, do you see."
ASSAULT
Thomas BRADY summoned two men, named REILLY and DONOGHOE for an assault.
Complainant stated that he had been in Cavan on the day the assault was commited; was going home to Ballyhaise when he met the defendants; had some drink in a public-house in Ballyhaise with REILLY; REILLY got quarrelsome, and offered to fight any man in the house; expostulated with him, and shook hands with him across the table; Reilly took off his coat, and made a blow at him; PRUNTY (the owner of the public-house) got up out of bed, and put Reilly out;.....The policeman who arrested them in Ballyhaise deposed that complainant was intoxicated at the time, but that he might be able to tell whether he had been beaten or not.
DONOGHOE, the other defendant, corroborated REILLY's statement.
The complainant said he was willing to postpone the case until PRUNTY and his wife, who saw the occurrence, were summoned.
The Bench said they would dismiss the case, as there was no evidence to support the charges...
Francis TULLY was summoned by sub-constable M'GOWAN for having been drunk in the streets of Stradone. M'GOWAN stated that he had served the summons at TULLY's residence; that he had been there on the 17th inst., but that since that period Mr. TULLY's whereabouts had been a mystery which the sub-constable could not fathom.
As the Bench were similarly circumstanced, they inflicted a fine of five shillings or forty-eight hours' imprisonment, to be enforced as soon as Mr. TULLY became visible.
John CHARTERS applied to the Bench to receive bail for Luke HUNT at present in gaol on a charge of assault, and handed up a certificate from Dr. REILLY, to the effect that the assaulted party was at present out of danger.
Mr. Babington said that he could not interfere in the matter, as he was not the committing magistrate in the case, and did not know the amount of bail that might be considered requisite.
Constable STEELE said that CHARTERS' son was implicated in the matter, and was keeping out of the way. He advised him to give up his son.
Charters said he was willing to do so, and that his son would be forthcoming.
Constable STEELE said that Charters was father-in-law to the man in custody.
Charters admitted this, and said the amount of bail requisite was specified in the papers which he handed up. Mr. Babington said that after the court rose, he would go over to the gaol with him, and see about the matter.
THE MANSLAUGHTER AT BALLYHAISE
Patrick TIERNEY (a respectable-looking young lad) was brought up, charged with having been concerned in the late riot which resulted in the death of Bernard SMITH (particulars of which appeared in our last issue).
The brother of the deceased was present.
Sub-Inspector NAPIER said that REILLY, against whom a verdict of manslaughter had been returned at the coroner's inquest, had given himself up. Reilly and the prisoner were the only parties at present in custody.
The informations against the prisoner having been read over, the prisoner's father applied to know if bail would be taken. The Bench said that at present no bail could be taken in the case, as there had been a homicide committed--though, from what they had heard, not one of a very serious kind. The case would be gone into on Monday next, and the depositions against the parties charged read over when the Bench would be able to decide upon the amount of bail, if any, could be taken.
The prisoner (who was crying) was then removed, and the Court adjourned.
County Cavan Newspaper Transcription Project
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