Cavan Observer
Published in Cavan, county Cavan
August 4, 1860
ASSIZES INTELLIGENCE
TYRONE
THE DUNGANNON MURDER--THE DEFENCE
John HOLDEN having been indicted for the wilful murder of Constable M'CLELLAND, and with attempting on the same night to take the life of Sub-Inspector MATHEWS, and the case for the Crown having closed, Mr. Butt, Q.C., entered on the defence on the 27th ult. Mr. Butt was brought from England specially by Mr. Rea, the prisoner's Attorney.
After an eloquent introduction, the learned counsel proceeded to take his first position in proving the prisoner's innocence. This was, that some of the witnesses swore that Holden was in the police barrack on the night of the 5th December last, when the people were going to chapel; and, consequently, after 7 o'clock; while others swore that the two persons supposed to be policemen were on the road between Dungannon and the Rev. Mr. QUAIN's gate; and, therefore, the prisoner could not have been the person who assassinated Constable M'Clelland--Counsel then proceeded to sift the evidence of the several witnesses for the Crown, and pointed out what he termed discrepancies and inconsistencies in their evidence....Counsel did not deny that the case was surrounded with considerable, with great suspicion; but, under all the circumstances, he called on the jury to acquit the prisoner.
Witnesses were called for the defence. Baron Hughes then charged the jury at considerable length......The Jury retired to their room, and after a deliberation of an hour and a half, returned into court at ten minutes past three o'clock.
The Foreman handed in the issue paper.
Clerk of the Crown--How say you gentlemen, to the prisoner at the bar, guilty or not guilty?
Foreman--Guilty.
When the verdict was announced there was a good deal of emotion displayed in Court. As for the prisoner, the colour left his face for a moment, but he maintained his self-possession with great firmness.
The Foreman on the jury, who was considerably agitated, said that they were unanimous in recommending the prisoner to mercy....
Baron Hughes, who assumed the black cap, said--It now becomes my duty, John Holden, to pronounce upon the extreme penalty of the law. You--
Prisoner (interrupting)--My lord, before you speak, I wish to say that, as it has been stated that M'Clelland was shot, and as the jury have agreed that I shot him, I should be shot also. I wish to be shot also, as that was the case.....
Baron Hughes--Prisoner, I would beg of you to dismiss from your mind all such notions.....
GALWAY
(Before Judge Christian and a Special Jury)TAAFFE v. IRWIN
This was an action to recover the sum of £2,772 for the use and occupation of the house and lands of Beechwood, in the county of Roscommon, containing 273a. 2r. 20p., from the 1st of May, 1858 to the 28th of June, 1859. The defence was that the value did not exceed the sum of £1,233 6s. 8d., and that the plaintiff was indebted to the defendant in the sum of £4,000, the interest of which it was agreed between the parties in 1854 should be set off against the rent, and by that means the plaintiff would be overpaid.
The jury found a verdict for the defendant on all the issues.
CAVAN PETTY SESSIONS--MONDAY
Before Theophilus Thompson, Esq., J. P.,; Wm. Babington, Esq., J.P.; N. Montgomery;and W. M. Hickson, Esq., R.M.
A HARD CASE
Private Thomas SMITH was charged with having been absent from the last training of the Cavan Militia.
Sergeant WITHERS appeared to prove the charges and stated that on the first day of the training he called the roll, and found the prisoner absent; the prisoner was a private in the regiment, and generally acted as groom to one of the officers during the periods of training; he bore an excellent character; he was travelling with Bell's circus in England during the disembodiment of the regiment at the previous trainings he always wrote to the Adjutant, in order to get a warrant to travel, the rate of a penny per mile to attend the trainings with the exception of this year.....The prisoner, in reply to the Court, stated that he had been under the impression that the regiment would not have been called out this year until July;...The Chairman informed the prisoner that his brother magistrates and himself were all very sorry for the course which they were compelled to adopt......but they had no option. The lowest punishment they could inflict was 40s fine, or two months' imprisonment....The prisoner paid the fine, saying that he had never been in prison, and did not wish to make a beginning....
THE ILLEGAL PROCESSION CASE
Henry ARGUE, George ARGUE, Christopher ARGUE, Joseph BEATTY, Joseph ROUNTREE, and John PATTERSON, the parties charged with having taken part in an illegal procession at Castleterra, on the 12th July (postponed from the previous Court day) were next called.
Mr. John Armstrong said he appeared for the defendants. On last Monday he had asked the Court to dismiss the cases, on the ground that all the witnesses had deposed that the defendants gave no offence to any one. Mr. Hickson was not present on that day; but he trusted they would all concur with him that the prosecution had totally failed......After some further discussion, evidence was gone into, and the defendants were ordered to stand down. They were afterwards called up, and the informations of the witnesses taken. Mr. Armstrong was not in court during a portion of the time, but was sent for by his clients.....During the taking of the informations, some of the witnesses stated that they knew the people of the district, of all denominations, would prefer that the matter should be dropped altogether, but the Court explained their inability to do so--We understand that the informations of Callaghan have been since taken, and that all the defendants have entered into the bail specified--themselves in £10 each, and two sureties in £5 each.
CAUSE AND CROSS CAUSE
Philip DONOHOE, of Fiagh, summoned William BRAVENDAR, of Leighter, for allowing nine pigs to trespass on his potato and oat crops on the 21st July; and Wm. BRAVENDAR, of Leighter, summoned Catherine DONOHOE, daughter of Philip DONOHOE, of Fiagh, for wilfully pulling down, damaging, and injuring his mearing on the 23rd of June; and during the hearing of both cases, William Bravendar, of Fiagh and Phillip Donohoe, of Leighter, manifested towards each other a great deal of the Christian charity and neighbourly feeling usually entertained by those who bring such cases.
The Court fined Bravendar 9s for the trespass of the pigs, and dismissed his summons, as they considered it only a sort of "set-off" against the other.
RATHER COOL
Terence SMITH, of Ballinagh, summoned a Mr. M'MICHAEL, for £4 10s., and Mr. M'MICHAEL summoned SMITH for leaving his employment before the expiration of his agreement.
Smith stated that he hired with M'Michael on the 14th of May, and was to remain with him until the 14th November. He was to receive £4 10s. wages, four days to himself, and be excused from manual labour on every "holiday." His statement was corroborated by a witness. On Sunday week he went home to his father, and came back on the Tuesday following, when his master turned him away.
M'Michael denied that he was to allow Smith any "holidays"--in fact, he "knew nothing about holidays," and stated that Smith had received the four days bargained for by him, but notwithstanding this he left his house on Sunday, the 22nd instant, without asking leave....He was about to go for his wife to corroborate his statement when he was called back, and the Chairman, having ascertained that he was willing to take Smith back, directed that the latter should return to his work, and told him that he had behaved very improperly in staying away two days without his master's leave.
DISPUTED PASS
Mr. Robert Henry MERWYN summoned Richard TUBMAN for injuring a pass. According to his statement he had lately purchased a portion of a farm to which this pass leads. Tubman also bid for the land, and since he got possession of it Tubman and the other tenants were throwing every obstacle in his way, ploughing up, and refusing him the right to the pass, which always belonged to the farm of which he purchased a portion.
The defence was that the pass belonged to the entire farm, (now divided into several portions) when it was held by one man, that that man might make any number of passes he pleased through his own farm, but that as the farm is now divided into several portions, Mr. Merwyn can have no right to a cart pass, which he seeks to claim, through the land for which defendant and other tenants are paying.
The Court dismissed the case without prejudice.
FURIOUS RIDING
Two young men named MEE and SMITH were charged with furious riding. Sub-constable COLLY and one of the mounted Constabulary proved the charge. The offence took place on the workhouse road.....The Chairman said that they considered the offence clearly proved and were determined to put a stop to such a dangerous practice......Mee was then fined 10s. and Smith 5s.
CONVENIENT QUARRY
Peter GALLIGAN, a road contractor, appeared to claim a warrant to make use of a quarry on the lands of Thomas MONAHAN, which the latter refused to allow him, though necessary for the purposes of his contract. Mr. Armstrong appeared for Monahan, and proved that his client offered Galligan the use of a much more convenient quarry than the one he was applying for. The Court refused the order.
LEAVING SERVICE
Mrs. REID summoned her servant, Mary CORCORAN, for leaving her service and employment, and otherwise misconducting herself. The offences were clearly proved, and the Court, with consent of Mrs. Reid, gave defendant the option of going back to her work, and conducting herself properly in future, or of going to gaol.
Defendant who described herself as "a poor, dissolute girl, and that was the reason every one was down upon her," instead of promising to do so, announced that she would not "put a hand to Mrs. Reid's children or work out for her," in future.
The Court, seeing that no other method would avail, sentenced her to forfeit the amount of wages due to her by Mrs. Reid, and pay a fine of 10s., or in default, be imprisoned for a fortnight. She asked leave to go out for a few hours to get the fine, but was refused.
CATTLE WANDERING
George BRADY was fined 2s. 6d. for allowing 13 head of cattle to wander on the public road on the 21st of July.
TAKING A DROP
William M'GINNELL, a "horse-clipper," was charged with drunkenness, but, as it appeared that he had been fifteen hours in custody, "without breaking his fast," he was dismissed with a caution.
ATTESTATION
Michael MURRAY, a youth of 18, was enrolled as a volunteer in the Cavan Militia.
ASSAULT
Patrick M'GUINESS appeared to prefer a charge of assault against his brother, John M'GUINESS. It appeared that the defendant, a publican and baker, carrying on business in the Main-street, and hitherto a most respectable man, had lately been addicted to drinking. His brother remonstrated with him, and he assaulted him. In order to prevent him doing injury to his wife or children (as it appeared he had on more than one occasion violently assaulted his wife, whilst labouring under the effects of drink), his brother swore informations against him, but on coming before their Worships stated that he wished to withdraw the charge, as the defendant had given up drinking, and there was no likelihood that he would again relapse. The defendant made a similar statement, and Wm. M'Guiness, another brother of his, corroborated it.
The Court, however, decided upon examining Patrick M'Guiness as to the truth of his informations, and after he had sworn to them, the Chairman administered a most severe rebuke to the defendant, and told him that but for the interference of his brothers, he should be punished most severely. The sentence of the Court was that he should enter into bail--himself in the sum of £20, and two sureties in £10 each--to keep the peace for seven years, or in default, to be imprisoned for two months; and they had decided that he should receive no further license at the expiration of his present one.
The Court rose at about four o'clock
BIRTH
On the 30th July, at Ballinacargy, Co. Westmeath, the wife of Jemmett G. FOX, Esq. (late of 75th Regiment), of a son.
MARRIED
On the 31st July, in St. George's Church, by the Rev. J. ALCOCK, A.M., William Johnston, eldest son of the late Richard Strong SARGENT, Esq., M.D., to Elizabeth Jane, daughter of John George YOUNG, Esq., of Ballyteigue Castle in the county of Wexford, and formerly of the 55th Regiment.
DIED
At Newgrove (?) House, co. Longford, Mary, the beloved daughter of John HINDS, Esq., J.P.
MARRIAGE IN HIGH LIFE
On Thursday, the 2nd inst., at Castleterra Church, Armorie Rupel M'GUIRE, to Anne Elizabeth, eldest daughter of William HUMPHRYS, Esq., J.P., D.L.
MURDER OF FOUR PERSONS AT WALWORTH--This tragic occurrence took place shortly before six o'clock on Tuesday morning, at 16 Manor-place, Walworth. The supposed murderer is named Edward Godfrey YOUNGMAN, aged twenty-five years, by trade a tailor, and the victims are Mary YOUNGMAN, mother of the prisoner; Thomas YOUNGMAN, aged eleven, Charles YOUNGMAN, aged six, his brothers; and Mary Wells STREITHER, aged twenty-seven, a young woman to whom the prisoner was about to be married. The prisoner is described as a sober industrious man, and when apprehended he was standing apparently indifferent to the terrible scene. He gave the police an improbable account of the affair. A sudden fit of insanity is assigned as the reason of the crime. The day previous the prisoner and Miss STREITHER made an excursion and returned in the evening apparently very happy. YOUNGMAN was brought up at Lambeth-street Police Court, charged with the murder. He cross-examined the witnesses, and asked if he did not call out murder, which was denied. Remanded for a week.
August 11, 1860
CAVAN PETTY SESSION--MONDAY
Mrs. Elizabeth HAUGHTON summoned Mary M'CAHILL for trespassing on her garden. Complainant's son proved the charge and defendant was fined 6d., and costs.
Philip M'CAHILL, father of the defendant in the previous case (the rest of the account of this case is illegible, and this was the only other case on the docket.]
The Court then rose.
COOTEHILL PETTY SESSIONS--AUG. 4
Magistrates present:--Wm. Murray, Esq., Samuel R. Moorehead, Esq., Lieutenant Colonel Clements, and Theophilus Clements, Esq.
The court was crowded to hear some cases the Tullyvin constabulary had against several parties for aiding, assisting, and being present at cock fighting, also a case of Michael SMITH, sub-Constable, Cootehill, against Farrel M'GOVERN, publican, for assault on the fair night of Cootehill, while in the discharge of his duty; and against Patrick GARAHAN, tailor, for encouraging and inciting M'GOVERN. It may be recollected that M'Govern and GRAHAM were the parties who, last winter, had a civil bill process against Head-Constable HARRISON for assault, &c. The effect of acting on the memorial of M'Govern and Graham may be judged by the trial of to-day.
Patrick GALLAGHER, constable, v. Michael SMITH, Owen M'DONALD, Wm. EVANS, and Michael REILLY, for being present and assisting at cock fighting in the townland of Pottle on the 25th June.
After the examination of several reluctant witnesses, the parties were fined 5s. each, or one week's imprisonment.
Hugh SMITH, Pottle, was summoned as owner of the land on which the fight was held; but as he lived on another farm, seven miles distant, and it could not be proved he had allowed the parties to meet there, or had taken any money for the use of the ground, the complaint was dismissed.
John M'CABE, Cootehill, road contractor, v. William HAGUE, Cavan.
This was a postponed case, and was for injury done on the street of Cootehill, for which complainant has a contract. M'CABE stated that he was disallowed his money last May, owing to the injury done to the lower end of Market-street, where Mr. Hague was the contractor for the building of the Provincial Bank (which, en passe, is a splendid building, and reflects great credit on Mr. Hague). M'Cabe produced a letter from the county surveyor, in which he stated "it was not owing to any injury Mr. Hague had done the streets that his claim was disallowed--that, in fact, anything of the sort was not mentioned, at all, but that if Mr. Hague had done any injury, he should be obliged to repair it."
Mr. Murray--M'Cable, did Mr. Hague ever say to you or your brother that if Mr. GAHAN certified that he had done any injury to the street he would repair it?
M'Cabe--No.
Mr. Murray--Of course, Mr. Hague has no right to injure the street.
Mr. Moorehead--Of course not; but I consider Mr. Gahan is the person who can decide as to the injury don...
Colonel Clements--If Mr. Gahan states it was owing to injury done by Mr. Hague the money was disallowed, Mr. Hague has every right to make amends to M'Cabe.....How much gravel would it take to raise the street as you say Mr. Gahan requires?
M'Cabe--About 30 or 40 tons.
Colonel Clements--At what price?
M'Cabe--1s. to 1s. 3d per ton.
Fine 20s.
M'Cabe--What about costs?
Mr. Moorehead--You are to get costs.The Clerk was told to write to Mr. Hague informing him of the decision
Thomas FAY v. James FITZPATRICK and Bernard SHIELS, Teeveenanass
Mr. Tully appeared for Mr. Fay, and Mr. Dudgeon for Fitzpatrick.
This was a summons for a trespass on bog, on part of the lands purchased in the Incumbered Estates Court by Mr. Fay. After the examination of maps and the evidence of Messrs. Reilly and M'Quaid, surveyors, with a good deal of wrangling among the professional gentlemen, the magistrates decided that it was a disputed title, and consequently out of their jurisdiction.
CONSTABULARY CASE
Michael SMITH, Sub-Constable v. Farrell M'GOVERN, Publican
Smith sworn--Was on duty the fair night of Cootehill, the 20th of July, at half-past nine o'clock, in company with two other sub-constables--M'Govern and M'Donald; we were standing at Mrs. CAROLAN's corner, when a gentlemen told us to go down to M'Govern's public house, where there was a dreadful row; went down, and saw a dreadful row upstairs; when my officer, Mr. MORIARTY, came down, he ordered two of us to go in, and see what the row was about; went in; there were a good many very disorderly persons down stairs, but the chief row was above stairs; went to go up stairs when M'Govern caught me by the breast and shook me; would not let me go up stairs; he pushed me to the door; a comrade then came in and told, as Mr. Moriarty sent him to tell us, to come out.
To Mr. Murray--There was evidently a great row above stairs; never saw such a row in a public house that the proprietor would not send for the constabulary to clear the house.
To Mr. Dudgeon--Was not much hurted; prevented M'Govern hurting me by holding him as well as I could.
Mr. Dudgeon--Now, didn't he only crush you against the counter?
Smith--He drove me against the counter.
Mr. Dudgeon--Now, who was the gentleman who told you of the row?
Witness--I don't wish to mentioned his name, but if the magistrates which, of course I will; several gentlemen spoke to us about M'Govern's house, and said they would endeavour and have the license taken from him.
Sub-Constable GOVERS, on examination, corroborated the evidence of Smith.
Mr. Murray--I think the same rule applies to this case as to M'Govern's. If the men had a right to enter the house in the discharge of their duty, Garahan acted very wrong.
Mr. Dudgeon--Very well, your worships.
Informations granted.
The Constabulary summoned a number of lads for playing "pitch and tots" on Sunday. They were fined 5s. each, with a severe caution, which it is hoped will have the effect of putting an end to this disgraceful practice.
The Court then rose.
August 18, 1860
ILLEGAL POSSESSION
DROMORE, THURSDAY--At the petty sessions in this town to-day, John HINDS, Andrew M'CORMICK, Robert REID, George GRAHAM, Hugh ADAMS, and William COPELAND, were charged by H. L. OWEN, S.I., with having at Bullela and Ednego on the 12th July last, unlawfully assembled themselves together, and met, and paraded, and joined in a procession, and borne and worn, and had among them banners, flags, emblems, and symbols, and having also been accompanied by persons playing music--such display and music being calculated and intended to provoke animosity between different classes of her Majesty's subjects. The magistrates present were John H. KEOGH, R.M., Robert MAGENIS, and James QUIN. Mr. RUTHVEN, Sessional Crown Solicitor for Down, attended specially to prosecute, and Mr. MORRIS, solicitor of Lurgan, defended the accused. The magistrates having heard the arguments at length on both sides, decided on sending all the defendants for trial at the assizes, which they consented to go in order to save expense in being forwarded from the Quarter Sessions to the assizes. They were admitted to bail, themselves in £10 each, and two sureties in £5 each.
OBITUARY--We regret to announce the death of Mrs. Ellen WANN, relict of the late John WANN, Esq., which took place at Markehid on the 10th last. Mrs. WANN had reach the patriarchal age of 80 years, and was universally respected.
A sermon was preached in the Presbyterian Church, Farnham-street, on Thursday, by the Rev. Mr. SMITH, of Dublin.
EPITOME OF NEWS
Sentence of death has been passed on YOUNGMAN, for the WALWORTH murder.
Catherine HAYES is at present in Paris, and enjoying good health.
A MAD DOG--Excitement and alarm was caused in our quiet town on Sunday morning last by a report that a mad dog was at large, and for an hour or two a lively but dangerous chase was kept up, in which men, boys, and police constables joined, for the destruction of the rabid animal. This was at length accomplished but not, we regret to find, until a son of Mr. Edward PHILLIPS, of Castle-street, was slightly injured, the dog having run against the boy, who is about fourteen years of age, and throwing him down, made a desperate effort to attack him. Providentially CLANCY, the police-constable, came up at the moment, seized the dog, pulled him off the prostrate child, and with a mechanical quickness drew his bayonet, with which he received the savage animal, when it made fierce and sudden attack upon himself. The dog attacked another person who had a very narrow escape, and while closing the door caught the dog between the door and the sill where he held him. Most opportunely a powerful man of Mr. Michael QUINN's, named M'MANONMON, seized the dog by the tail, and having repeatedly dashed it against a neighbouring wall, put an end to further apprehension. Dr. M'GREAL was called in at once to see the child; and from the prompt attendance received, it is hoped that no bad results will follow.--MAYO CONSTITUTION
CAVAN PETTY SESSIONS--MONDAY
Before William Babington, Esq., J.P., Chairman, N. Montgomery, Esq., J.P.; A. Brush, Esq., J.P.; and W. M. Hickson, Esq., R.M.
CRAWFORD v. GALLIGAN
Plaintiff claimed wages earned by him as the hired servant of defendant. The Court awarded £1 0s. 11d and costs.
REILLY v. MOORE
Mr. Thomas REILLY, the complainant, sought an order to enter a quarry upon the defendant's land, at Lisdarren, and raise and carry away stones for the purposes of a road contract, in accordance with the provisions of the Grand Jury Act.
After considerable discussion, the case was postponed for a week, in consequence of the unavoidable absence of Mr. MOORE, for whom Mr. John Armstrong appeared.
MURPHY v M'KERNAN
This was a summons for trespass upon a plot of bog, the right to which both parties finally agreed to leave to the decision of a mutual friend, named William GOGGINS, and the case was postponed for a week, subject to his award.
TULLY v. M'KENNA
This was a summons brought by the Town Commissioners against Mrs. M'KENNA for allowing the contents of a privy or cess-pool to soak into an office-house belonging to Mr. TULLY. The Inspector of Nuisances proved the case. He deposed that in consequence of the privy being four or five feet higher than the office-house, there is a soakage from it....He had examined the privy that morning; it was then quite clean.....Mrs. M'Kenna promised that Mr. Tully should receive no further annoyance.
The Chairman said that this complaint had been brought before the Borough Court some years ago, when Mrs. M'Kenna made a similar promise, and Mr. Tully requested that no fine should be imposed, but notwithstanding this, the nuisance remained unabated since. She was not bound to remove the walls of the privy, but if the complaint be again brought before them, the full penalty should be inflicted--40s. fine and 5s. each day the nuisance afterwards continued. At present they would fine her only 1s. and costs.
Matthew M'CABE v. Patrick NOLAN
Complainant--a juvenile, but more precociously "wide awake" denizen of Corannre--charged the defendant with having wantonly and without provocation assaulted him, but his statements were contradicted by witnesses, and the Court dismissed the case, with a caution to the young gentleman to be more civil in future, as it appeared that he was gifted with an eloquent, but rather incautious tongue.
COUNTY CESS
Summonses were brought against Joseph RUDDON for 4s. 11½d., Susan SMITH, for 6s. 10½d., Peter TULLY, for 5s. 8d., and Catherine FITZPATRICK, for 9s. 8½d, county cess due to Mr. Thomas Reilly, High Constable.
Decrees were given for the sums claimed, with 2s. 6d costs in each case.
SPIRIT LICENSE
A young man named REYNOLDS, applied to the Court under the following circumstances:--He had taken the house in the Main street formerly held by a publican named BERGIN, and with it he received or purchased from the landlord, Mr. PARKER, the spirit license of BERGIN, paid up to October next. One magistrate (Mr. Thompson) had signed a certificate for him to carry on business until October under the license of Bergin, and his present application was for the purpose of obtaining another signature.
The Court considered that it was from Bergin Reynolds should have got the license, and refused his application, but recommended him to attend again on next court day, with evidence as to character, &c.
The Court then rose.
August 25, 1860
CAVAN PETTY SESSIONS COURT--This Court was not held on Monday, as none of the magistrates were in attendance.
INQUEST--On Wednesday, the 16th instant, an inquest was held at Knockumber, near Navan, before Mr. MARTIN, coroner, on the body of a little girl named SWAN, aged four years. It appeared from the evidence of an elder sister, aged between five and six years, that deceased, with another sister, aged three years, were left alone in the house, their mother being in hospital, and their father having gone away for a short time to procure some necessaries for the family. On going out he closed the door after him, leaving a fire lighted. During his absence the children sat round the fire, and on deceased putting on some fuel, her clothes ignited. Finding she was unable to extinguish the flames, the poor child ran towards the door, but, as it was locked, she could not get out. She then ran towards the window, or aperture in the side wall--the flames still increasing--and screamed for assistance. A neighbouring woman, hearing her cries, ran to her relief, when, on tearing off the scraps of clothes, she found the entire surface of the body literally "roasted." Medical assistance was called in, but the unfortunate child died, after three or four hours' excruciating agony. Verdict--"Death from accidental burning."
NARROW ESCAPE FROM THE EFFECTS OF POISON--Yesterday evening a girl named WARWICK was brought to the General Hospital, suffering from the effects of poison taken into the system while eating some plants while passing through a field. Dr. MacCORMAC applied the necessary remedies, and in about an hour the child was so far recovered that she was removed to her home--BELFAST NEWS-LETTER
DUNLEER PETTY SESSIONS, CO. LOUTH
ATTEMPT TO UPSET A RAILWAY TRAIN.
AUGUST 21st:--Present, George Fitzmaurice, Esq., R.M.; John M'Clintock, Esq.; Finlay Chester, Esq.; Patrick Brennan, Esq.
A publican, named Philip REILLY, was summoned by the Dublin and Belfast Junction Railway Company for maliciously placing stones on the company's line of railway between Dunleer and Castlebellingham, on Saturday, the 11th of August instant, whereby the lives of the passengers travelling on the railway were endangered. Mr. KANE, solicitor for the company, attended. Mr. ROWLAND, solicitor (from Drogheda), attended for the accused.
Michael PLUNKETT, one of the company's workmen was examined by Mr. Kane, and proved that between six and seven o'clock in the evening of Saturday, the 11th of August last, he saw the accused, Philip Reilly, walking on the line of railway, about a mile and a-half from Dunleer station, and saw him go to the side of the railway and take a stone out of the side wall, and place it on one of the rails in a sloping position, so that the engine must strike it; witness took up the stone, and followed Reilly a short distance, when he saw him take two more stones out of another wall and place them in a similar manner on the rails, upon which witness told him he would report him for it, which he did and had him summoned; this occurred a few minutes before a train arrived at the place.
Mr. Rowland cross-examined the witness, to show that he had a quarrel with Reilly, but nothing was elicited to shake his direct testimony.
Patrick CANABY examined by Mr. Kane--Was working in a field close to where the stones were placed, on the evening in question; was called by Plunkett, who pointed out the stone; saw Reilly at the water table of the railway, and saw the second stones on the rails, placed as pointed out to him by Plunkett; thinks Reilly was a little hearty, or drunk, but did not go near him.
The magistrates decided on taking informations against the accused, and sending the case for trial. Mr. Rowland applied to the bench to have the case sent to the sessions of Ardee, where the accused was well know. Mr. Kane applied to have it sent to the assizes and not to the sessions.
The court was then cleared for deliberation, and after a short time the magistrates stated they were prepared to take informations and send the case to the assizes.....As soon as Reilly heard the magistrates' decision, he fainted in court.
DIED
On the 20th inst., after a painful illness, David, only son of Mr. John DOBSON, of Poles, in this county, aged 14; deeply and deservedly regretted by his sorrowing parents and relatives.
REPRIEVE OF FRANCIS WALSHE--The Sub-sheriff, G. E. ACTON, received the reprieve of the prisoner on Saturday last. The executive has mercifully spared the life of the prisoner. Sentence was commuted to transportation for life. WALSHE was tried and sentenced to death at last assizes for firing at, with intent to kill, a steward of Lord Arran's near Ballina, in February last. RYAN was dreadfully wounded. The crown did not look upon it as an agrarian outrage.--MAYO CONSTITUTION.
INSOLVENT DEBTOR
Petition to be heard at Four Courts, Inns-quay, Dublin, October 31st--Foster BLACK, late of Lisagoan, county of Cavan, farmer.
THE MAGISTRACY--The Lord Chancellor has, on the recommendation of the Marquis of Headfort, Lieutenant of the County, appointed John M'MANUS, junior, of Gurteen House, Edgeworthstown, and Pottle, county of Cavan, Esq., to the Commission of the Peace for the county of Cavan.
County Cavan Newspaper Transcription Project
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