Cavan Observer
Published in Cavan, county Cavan
October 6, 1860
CAVAN PETTY SESSIONS--MONDAY
(Before William Babington, Esq., J. P.)Patrick REYNOLDS v. Joseph O'HARA
This was a summons for assault and wilfully breaking two panes of glass and six bottles of porter. Mr. E. M'Gauran appeared for complainant.
Defendant applied for a postponement, on the ground that he had no legal assistance, and had expected Mr. John Armstrong would have been in court. As he had not employed Mr. Armstrong, the Court stated that the case could not be postponed, except with the consent of complainant, which the latter refused to give.....
It appeared that defendant, who is a baker, had been playing cards with complainant, in the latter's public-house, and a quarrel having arisen about the "stakes," Reynolds put the money in his pocket, and turned O'Hara out. The latter, in revenge, we suppose, and under the influence of drink, threw a large stone at Reynolds's window, causing the injury mentioned in the summons. O'Hara's wife and himself alleged that Reynolds keeps an irregular house, and that O'Hara has been often gambling and drinking with him until after twelve and one o'clock at night, and that on one occasion O'Hara hid in the chimney when the police came to search Reynolds's house.
Head-Constable MOORE said that on one occasion O'Hara's wife came to the barracks, stating her husband was in the habit of staying at Reynolds's house until after the hour of closing. The police searched the house that night, after eleven o'clock, and found no person there; but it was afterwards stated--truly or falsely--that O'Hara was concealed in the chimney at the time of the search.
The Court considered the case clearly proved--in fact, it was admitted by defendant. At the same time, although it was no excuse for defendant's conduct, complainant had acted most improperly.....He had brought the assault upon himself by drinking and gambling in his own house. However, this did not exonerate defendant, but it gave the Court an opportunity of inflicting the smallest punishment in its power. He should pay 3s. 4d., with 1s. costs, as compensation of the injury done to complainant's property, and pay a fine of 6d. for the assault....
JOHNSTON v. M'MULLEN
This was a complaint preferred by Mr. William JOHNSTON. He had employed the defendant to repair the spouting of the Market-house, which was not done properly, and had to be left to the decision of Mr. MADDEN and Mr. GRAHAM. Defendant refused to abide by their decision; but his wife came afterwards, and said that if Mr. Johnston gave 7s. 6d. more, he would finish the spouting properly. He did so, but the water pours out of the joints of the spouting, and they are in a very bad state.
Defendant said that the spouting of the Market-house was rotten; in a portion the case had gone down, and a slater should be employed to settle it. He denied that Mr. Graham and Mr. Madden had made any award, and stated that Mr. Reilly had promised to give him new spouting for the Market-house if he would put it up. Mr. Johnston said he would provide new spouting wherever it was required.
The Chairman said he would allow the case to stand over for a week, and if defendant does not finish his contract in a workmanlike manner in that period, and be again brought before the Court, the penalty will be a heavy one. The Clerk said the penalty was £5 fine, or three months' imprisonment.....The case was then allowed to stand for a week....
James BURKE v. Hugh BRADY
This was a claim for 14s., the price of a sofa, the property of plaintiff, alleged to have been given to Mr. George CHADWICK, auctioneer, for sale, and purchased by defendant. It appeared that the sofa had been placed, with other articles, in which Mr. Chadwick facetiously termed his "street auction room," put up for sale, and knocked down to Mr. Brady. But he alleged that he did not bid for it, and refused to take it as he had no use for it. In the evening Mr. Brady called at Mr. Chadwick's house, and, as Mr. Chadwick at first alleged, consented to take the sofa, and pay for it next day; but Mr. Brady stated that he merely said if his son had no objection he would take the sofa. It was evidently a misunderstanding between Mr. Brady and Mr. Chadwick. However, the sofa was removed to the house of Mr. MAGUIRE, cabinetmaker, and Mr. Burke has not received sofa or money. Mr. Burke, a week after the alleged sale, "billed" Mr. Brady for the money.
The Court dismissed the case, as it was not proved that the sofa had been "sold and delivered" to the defendant.
Robert MORROW and Edward CUSAK were each fine 5s. and costs for having large and dangerous dogs unlogged and unmuzzled on the public road near Ballyhaise; and James MONAGHAN was fine 2s. 6d. for the same offence--the mitigation in the latter case being in consequence of the poverty of defendant.
Michael CONNOLLY summoned Miss Eliza MOORE for having allowed 17 head of cattle to trespass on his pasture land--ten on the 26th, and seven on the 27th of September. As defendant (sic) had only demanded trespass on the first occasion, he was only allowed 3s. 6d. and costs.
Robert COWAN summoned John REILLY for allowing a nuisance caused by the soakage from a privy or cess-pool to flow into his yard. It appears that in consequence of defective sewerage, both complainant, defendant, and all the occupiers of the same range of houses on Barrack-hill as well as those living lower down, suffer terribly the same nuisance. The case was postponed for a week--the Inspector of Nuisances promising to speak to the owners of the houses, and get them to improve the sewerage by constructing a drain.
MARRIED
On the 17th ultimo, at Callow Church, by the Rev. C. M. FOX, Mr. John HUESTON, Drumsilla, second son of the late Robert HUESTON, Esq., to Lizzie, third daughter of T. MOFFET, Esq., Towneywall House, both of Fermanagh.
On the 27th ultimo, at Connor the Rev. Henry COWAN, Maguiresbridge, County Fermanagh, to Ellen youngest daughter of John OWENS, Tannybrake House, Kells, Co. Meath.
DIED
It is with feelings of regret we record the demise of the Rev. Willoughby WYNNE, rector of Drumlease, Co. Leitrim, which sad event took place on the 27th ult. Mr. WYNNE died without issue, but leaves a fond and amiable wife to mourn over his loss. Mr. WYNNE was brother to the Right Hon. John WYNNE, of Hazlewood.
William Somerset KEOGH, Esq., Sub-Inspector, has been transferred from Newport, Tipperary, to the town of Roscommon, from the 1st proximo.
COUNTY OF CAVAN
DIVISION OF CAVANA 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
CAVANOn Thursday the 9th day of October, 17=860,, immediately after the Grand Jury shall have been Sworn
No. Name Residence Parish Barony 1. LANG, Alexander Belturbet Annagh 2. M'CABE, Patrick Crosskeys, Town of Denn 3. M'CORMICK, Patrick Kilnaleck, Town of Crosserlough Clonmahon 4. MACKAN, Patrick Main-street, Arvagh Killeshandra Tullyhunco 5. REILLY, John Ballyjamesduff Castleraghan Castleraghan 6. REYNOLDS, Patrick No. 12 Main-street, Cavan Urney Upper Loughtee 7. REYNOLDS, Patrick No. 12, Main-street, Cavan Urney Upper Loughtee 8. TRAYNOR, Owen Turmin Killenhere Upper Loughtee 9. SHEALS, Michael Crosskeys, Town of Denn Upper Loughtee GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan
Cavan, 22nd September, 1860
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
COOTEHILLOn Monday, the 15th day of October, 1860
immediately after the Grand Jury shall have been Sworn.
No. Name Residence Parish Barony 1. CURRY, Jane Market-street, Cootehill Drungoon Tullygarvey 2. DONOHOE, Anne Cornabeast Drung Tullygarvey 3. GOGARTY, Bridget Kingscourt, Town of Enniskeen Clonkee 4. M'COY, George Market-street, Cootehill Drumgoon Tullygarvey 5. SHEILS, John Kingscourt, Town of Enniskeen Clonkee GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan.
Cavan, 27th September, 1860
COUNTY OF CAVAN
DIVISION OF CAVANA LIST OF APPLICATIONS received by the Clerk of the Peace from persons seeking
EXCISE LICENSES
for the sale of
BEER, SPIRITS, &c., BY RETAIL
BALLYCONNELL,On Friday, the 12th day of October, 1860
immediately after the Grand Jury shall have been sworn
No. Name Residence Parish Barony 1. FEE, Margaret Gortawee, otherwise Scotstown Tomregan Tullyhaw 2. HOWE, John Dowra Killinagh Tullyhaw 3. MAGRATH, John Furneshland Kilawley Tullyhaw 4. PATTERSON, Arthur Kilenny Drumlane Lower Loughtee 5. PATTERSON, Arthur Kilenny Drumlane Lower Loughtee GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan.
Cavan, 24th September, 1860
October 13, 1860
CAVAN PETTY SESSIONS--MONDAY
Before W. Babington, Esq., J.P., Chairman; Andrew Carden, Esq., J.P.; and Robert Erskine, Esq., J.P.
PUBLICAN'S CERTIFICATES
Certificates were signed for the following, there being no opposition on the part of the constabulary:--Mrs. MASTERSON, Mrs. M'GOVERN, Mrs. BAUMAN, Mrs. Bridget REILLY, Mrs. Jane GALLAGHER, Mrs. Bridget SMITH, Mrs. Elizabeth DONNELLY, Mrs. Theresa (illegible), Mrs. Mary O'REILLY, Mrs. Mary CULLEN, Mrs. Anne DUFFY; Messrs, Henry DOUGLAS, William FINLAY, Phillip BRADY, James LYONS; Charles QUEALE, Thomas CULLEN, Edward KENNEDY, Peter SMITH, John KING, James SMITH, James MALONE, John SMITH, Matthew LOUGH, Peter M'(illegible), Charles MAGUIRE, Sylvester WALLACE, Thomas RUDDY, Arthur ELLIS, Edward MULLAN, John HART, John MAGUIRE, James REILLY (Farnham Arms Hotel), Thomas PATTERSON, William TILSON, John BRADY, Thomas FINNEGAN (Gortnakesh), Hugh CULLEN (Stradone), Owen FARRELLY (Stradone), and Francis CARROLL (Denn).
Patrick M'BRIDE, Main-street, Cavan, applied for a certificate.
Sub-Inspector NAPIER said he had to make an objection. On the night of the last May fair he went into M'BRIDE's house at about a quarter past eleven o'clock, and found himself and his wife drunk. He had been since fined for selling drink at an illegal hour on Sunday.
M'BRIDE said it was not "a general thing" for himself and his wife to be drunk, but some friends had been at his house at the May fair, and they took "a little drop." With regard to the other charge, he said "it was only a baker that got a glass of ale or something."
The Chairman said that it was utterly impossible a house could be properly conducted when the owner and his wife were drinking.......They felt obliged to refuse him his certificate; but it was open to him to lodge an appeal that day, and bring it before the Chairman of Quarter Sessions and a full Bench of magistrates on the following day. M'Bride said he would do so.
John FLYNN was fined 1s. and costs for having allowed two pigs to wander on the public road at Lavy.
Michael SMITH was fined in the same amount for a similar offence.
Michael SMITH was fined 1s. 6d. and costs for having allowed three porkers to perambulate the road in the same neighbourhood, unattended.
Constable M'CARTHY, of Stradone (who prosecuted in the previous cases) summoned Thomas MOHAN for having allowed two pigs to practise pedestrianism without a protective escort, and the defence set up by the defendant's wife was that the Constable and his accompanying satellite frightened the "gorsoon" deputed to superintend the locomotion of the porkers to such an extent that he abandoned his charge as soon as the formidable "shades" appeared--an assertion which the gallant "sargint" stoutly denied; and the Worships not altogether believing it, imposed a fine of 1s. and costs.
John MAGETT, of Leiter, was fined 2s. and costs for having allowed four head of cattle to wander on the public road.
THE 'KNIGHT OF DRUMBO"
Matthew FITZPATRICK--better know by the popular sobriquet of the "Knight of Drumbo"-- was charged by Sergeant M'ANEA with having been drunk and disorderly and shouting in the streets of Cavan. With a bound like that of a wounded leopard, the gallant knight leaped upon the table as if amazed that the usually-sedate Sergeant M'Anea should interfere with the privilege so long accorded to him of "speaking his mind" in the streets of Cavan.....The Chairman, after several efforts to interrupt the Knight, inquired whether, if pardoned this time, he would not offend again?
Matthew (who seemed reassured by this question)--Oh, long life to you, my darlin' Bavington (sic); I knew you'd not do a hate to me.....The Chairman, after administering a caution against a repetition of Bacchanalian eloquence, informed the excited Knight that the Court would allow him to escape without a fine on this occasion......
Susan FARRELLY summoned Owen FARRELLY for having assaulted her; Owen FARRELLY summoned Susan FARRELLY for having used violent threats towards him; Robert TUBMAN summoned Susan Farrelly for having wilfully broken, deranged and destroyed certain articles, his property; and Owen Farrelly summoned Susan Farrelly for having allowed her goat to trespass on his land.
Mr. E. M'GAURAN appeared for Susan Farrelly; and Mr. John ARMSTRONG appeared for Owen Farrelly and Tubman.
It appeared from the evidence that Susan Farrelly married Owen Farrelly's son, bringing, as her portion, "between money, costs, and value "some £30 or thereabouts. Her husband went to America about eighteen months ago, and she has since resided with her father-in-law. She claims that, according to her marriage settlement or agreement, her husband's father gave up the farm to him, which Owen Farrelly denies, and has sold the crops without consulting her. On the 2nd instant, he was plowing in the field attached to their house, and she was shaking some hay, when, as she alleged, he assaulted, and gave her a black eye. He asserted that she broke a bottle containing milk, and a tin pan ...containing stirabout, which Tubman had brought to him for breakfast--he being then at work...and it was for the breaking of those articles that Tubman brought the summons. The father and daughter-in-law appeared to lead a very happy life. The cases occupied a very considerable time and at their conclusion, the Court dismissed the case of trespass brought by Farrelly, as it appeared that he had used the milk of the goat as often as the defendant; the summons for threats, as it was clear that he was in danger; and the summons brought by Tubman having been fully established. The charge of assault they considered to have been proved....The Court bound them over to keep the peace towards each other for twelve months, themselves in £5 each, and two sureties in £10 each, or in default, to be imprisoned for one month each.
Michael CUSACK summoned his brother, Edward CUSACK, for having allowed a horse and ass to trespass on his land. The Court imposed a fine of 2s and costs....
James REILLY was fined 1s. and costs for having assaulted the police, after being arrested for drunkenness. The fine would have been heavier, but for the many mitigating circumstances in the case.
Patrick SMITH was fined 4s and costs for having allowed three cows and an ass to trespass on the potato and oat crop of Patrick CUSACK.
Felix MONAHAN and Thomas CUMINS were each fined 6d and costs for being drunk--the former in Ballyhaise--the latter on the public road. It was their first offence.
The Court then rose.
CAVAN QUARTER SESSIONS
The Quarter Sessions for this division of the county commence on Tuesday last, before
P. M. MURPHY, Esq., Q.C., Chairman of the County Cavan
The following gentlemen were sworn on the
GRAND JURY:--Thomas HARTLY, Esq., Foreman; Phillip SMITH, James GILROY, Francis HUDLESTEN, Henry DOUGLAS, Alexander KETTYLE, John ARMSTRONG, David BIGGER, William Humphrys NESBITT, Thomas MALCOMSON, John DAVIS, James HOPKINS, Patrick M'CABE, and Robert BUCHANAN.
The Grand Jury having retired, his Worship proceeded to dispose of the insolvent cases, which were few in number, and non presenting any special feature of interest.
The applications for spirit licenses were next heard. The only opposition was in the case of Patrick REYNOLDS. Mr. Babington, who occupied a seat on the bench with his Worship, opposed the application on the ground the Reynolds kept a gambling house, and sold drink at irregular hours.....The Court directed Reynolds to be sworn, and question him as to the case.
Reynolds had since his coming to Cavan sold on a transfer license, and his permission was signed by Mr. Erskine and Mr. Thompson. The Chairman asked Mr. Babington would he withdraw his opposition of these gentlemen again signed Reynolds's certificate. Mr. Babington said he would do so.....
[Mr. Erskine and Mr. Thompson, who were not in court during the above, afterwards refused to sign the certificate, and the license was accordingly refused.].......
The Grand July having returned with their bills, the prisoners were arraigned. The following were the criminal cases.
Patrick KERMAN was charged with an assault on John COYLE, at Ardleny, on the 25th July last. He pleaded guilty, and was sentenced to 48 hours' imprisonment.
Edward CLARKE, charged with carrying a gun in a proclaimed district, was bound to keep the peace for seven years.
William SHERIDAN and Andrew KIERNAN were charged with assaulting Sub-Inspector Henry WARE, in the execution of his duty at Ballyduff, on 15th August last. A verdict of guilty was returned, and William SHERIDAN was sentenced to six months' imprisonment, and Andrew KIERNAN to three months' imprisonment.
Robert Hamilton TERRY was charged with maliciously putting a stone on the rail at the Midland Great Western Railway, at Lisnatinue, on 12th September last.
The prisoner is a young lad, and, according to the evidence bearing an excellent character. The principal evidence against him was that of a man named CONNOR, one of the overseers of the line, who swore that he saw him place the stone upon the rail. It appeared that there existed ill-feeling between CONNOR and the prisoner's family.
His Worship, in charging the jury, and ably recapitulating the evidence, told them that if they acquitted the prisoner, their verdict would amount to charging Connor with wilful perjury.
The jury were a long time deliberating, and had to be locked up previous to the rising of the Court. They brought in a verdict of "not guilty" at a late hour of the night and were discharged.
Hugh OLVANY was charged with the robbery of a gun at Cavan, on the 11th September last.
The particulars of the case appeared in our Petty Sessions' report at the time the prisoner was brought before that court. He was found guilty, and sentenced to three months imprisonment.
CIVIL BUSINESS
The following were among the only cases of interest heard:--
Arthur ELLIS v. Midland Great Western Railway Company
This was an action brought by Mr. Arthur ELLIS, of Cavan, the extensive and well-know butter merchant, against the Midland Great Western Railway Company of Ireland, for over-charges made by them in conveying butter from Cavan to the North Wall, Dublin, for transmission by steamers to London. The transactions in which over-charges were alleged to have been made extended over a period of two years--namely, from June, 1858, to May 1860.
Mr. M'GOVERN, on the part of the railway company, demanded that Mr. Ellis should furnish him with a bill of particulars, in according with a notice served on him. If that were done, the case would be settled in half an hour.
Mr. James Armstrong, on the part of the plaintiff, alleged his inability to do so, as he had sent a number of documents to the Company, which were equivalent to a bill of particulars, and essential to his client's case, but they refused to return them.
His Worship made several suggestions for the settlement of the case, but without avail.....His Worship dismissed the case, giving plaintiff the power of appeal, of which he announced his intention of availing himself. The ground of dismissal were that there was no direct transaction between Mr. Ellis and the Railway Company. His goods were consigned by him to Mr. Robinson, of London; they were placed on Wallace's float in Cavan, and conveyed by the Company's line of railway to Dublin..His Worship did not consider that the evidence given proved that Wallace was the responsible agent of the company for forwarding the butter or other goods.
Pierce CULLEN v. The Midland Great Western Railway Company of Ireland
This was an action brought to recover £6 12s., the price of a bullock. It appeared that the plaintiff, who is a cattle-dealer, purchased eighteen heifers and bullocks in Longford, on the 11th of June, and hired a waggon from the Midland Great Western Railway Company to convey them to Cavan. He travelled with a drover's pass himself in the same train, part of the way in a second and part in a third-class carriage. On the arrival of the train at Cavan he found that there were only seventeen head of cattle in the waggon. He made application to Mr. O'BRIEN, the station master of Cavan, in order to learn tidings of the missing bullock. A free pass was afterwards sent to plaintiff, and he, about three weeks after the loss of the bullock, availed himself of the pass, and went to Longford. He found the bullock in a field belonging to a man named BYRNE, but refused to take the bullock, as it "was not worth a fraction,",,,After the examination of Mr. O'BRIEN, the station master, the Court directed that some drover's passes should be sent for, and on production of them in court, it was seen that the conditions were as above given, and that the company are not responsible for loss or damage in the conveyance of cattle. The Court dismissed the case.
COGAN v. CLARKE
This was an action for recovery of £17, the price of two cows, purchased from defendant, which he engaged to be all right and sound, and one of which was noticed to be sick when being driven home, and dropped a dead calf on the following morning, both the calf and after-burden being black and tainted. The cow died on the same day, and the second cow some days afterwards.....The defence was that plaintiff, though cautioned at time of sale against doing so, drove the cows several miles on the day he purchased them.
The Court gave a decree for £8.
CHADWICK v. LAHEY
This was a process brought by Mr. George Chadwick for £12. It appeared that plaintiff sold defendant a pony for £6 in 1854, and attended, in his capacity of auctioneer, on three occasions to conduct a sale for defendant, who gave him a bill for £12 for both claims. The bill was passed to Mr. Thomas REILLY, of Butlersbridge, and was afterwards dishonored. Mr. Reilly obtained a decree against Mr. Chadwick for the amount......Defendant admitted owing £5 5s. for the pony.
The Chairman said he would give a decree for £10.
William M'GUINESS and James M'GUINESS v. John M'GUINESS.
This was a process brought by the plaintiffs against the defendant, their brother for £10 15s. 4d., amount of a bill paid to Messrs Perry and Co., through their agent, Mr. Robert GRAY, for defendant's use and benefit. There were also some items for other matters.
John M'Guiness had a cross-case against James M'Guiness for £12 10s., price of a chest of tea, and 30s. rent of some grazing ground, and 4s. 6d. car-hire and cash lent.
After a full investigation of both claims, the Court gave a decree against John M'Guiness for £5 6s. 4d., clear of all demands against him or on his part against his brothers.
Philip LYONS v. Bernard M'LENEHAN
This action was for recovery of £3 1s., price of eight days' ploughing of a man and horse, and 15s. price of three cwt of hay. Plaintiff and defendant are farmers, and in accordance with a very common custom in the North of Ireland, where farmers have but one horse each, defendant ploughed "in co." with plaintiff--that is lent him his horse and his own services--for twenty-two days, and defendant lent his horse and his own services in return for fourteen days--all in 1858--leaving a balance of eight days to the credit of plaintiff.....The defence was that plaintiff only ploughed fifteen days, for which he received an equivalent, and that he was paid for the hay in shop goods......The case was dismissed.
MONAHAN v. GILSHENAN
This was a process for amount of groceries, spirits, porter, &c., sold to defendant at various times, for which he promised to pay. Mr. Knipe appeared for plaintiff.
Mr. M'Gauran appeared for defendant and claimed a dismissal on the ground that the process was for a "tippling" account.
The Court ordered plaintiff to strike out all items for intoxicating drinks from his account. Mr. James Armstrong suggested that Mr. BENSON, the coloured agent of the Irish Temperance League, who was then in court, should be appointed to strike out those items.
Mr. Knipe--Oh, he'd strike him off the world for selling a drop.
Mr. Benson (who laughed heartily at the suggestion) at first declined, but was about to leave the court, when, apparently from some objection made by plaintiff he returned into court, and Mr. M'Cabe, the Petty Sessions Clerk, was appointed.
Patt M'CAHILL v. James DONOHOE
Mr. James Armstrong, who appeared for the plaintiff, stated that this was a notice for renewal of a decree obtained by plaintiff in January, 1860, against the defendant for £ 10s., which decree was destroyed by the burning of plaintiff's house.
Mr. Knipe, on the part of the defendant, objected that no renewal of a decree could be obtained, according to the rule and act of Parliament, unless a duplicate decree be in existence.....The Court maintained the objection.
Eliza O'REILLY v. Richard O'REILLY
Mr. James Armstrong stated the plaintiff's case. It was brought to recover £3, the value of an American draft on the Bank of Ireland, sent to plaintiff by her sister, Rose REILLY, who lives in America. They were not aware how the order came into defendant's hands, but he endorsed it, and sent it to Messrs. Ferrar and Pollock, of Dublin, who got paid for it at the Bank of Ireland.
Mr. M'Gauran, for defendant, stated that in last December, a letter came to the Rev. Mr. Reilly, parish priest of Castleraghan, containing a draft on the Bank of Ireland, from a Rose O'Reilly, in America, to her sister Eliza O'Reilly. The priest advertised it in the chapel on two Sundays, and a girl named Eliza O'Reilly came to his house, and satisfied him that she was the person to whom the draft was directed....The priest never heard anything more about the cheque or draft until he got a letter some time afterwards from a person named Eliza Reilly, living in the neighbourhood of Ballinagh, claiming that it was to her the draft belonged.
Some witnesses having been examined, the Court dismissed the case without prejudice, as it was evident that it arose through mistake....This question the Rev. Mr. Reilly who gave away the draft, was bound in honour to investigate, and return the amount of the draft to plaintiff if it was to her that it belonged.
The Quarter Sessions terminated on Thursday evening; and his Worship proceeded to Ballyconnell on Friday. The Quarter Sessions for the division of Cootehill will commence on Monday next.
MARRIED
On the 4th inst., in St. Anne's Church, Dublin, by the Rev. Mr. RUSSELL, Mr. John FEGAN, Printer, bookseller and Stationer, Cavan, to Margaret, daughter of Mr. Joseph TREVOR, her Majesty's Stationery Office, Dublin.
On the 8th inst., at the Cathedral, Marlborough-street, by the Rev. Mr. MORGAN, assisted by the Rev. Mr. TORMEY, D.D., and the Rev. Terence O'REILLY, P.P., James O'REILLY, Esq., Proprietor and Editor of the MEATH PEOPLE, to Mary Cecilia, eldest daughter of Thomas HORAN, Esq., of Navan. After a sumptuous dejeuner, which was served up in the most recherche style by Mr. MOLONY, the happy couple set out for Bray. The following Rev. Gentlemen were present:--Very Rev. M. CONATY, V.F.; Rev. John CONATY, P.P.; Rev. John O'REILLY, P.P.; Rev. Terence O'REILLY, P.P.; and Rev. Mr. HICKIE.
DIED
On Wednesday evening, Lizzy, the beloved wife of Mr. David JONES, Postmaster, Belturbet, deeply and deservedly regretted.
THE CHURCH
(From the Christian Examiner for October)
APPOINTMENTS--Diocese of Armagh--Rev. Charles King IRWIN, A.M., to the curacy of Derrynoose, patron the rector; Rev. Percy George BENSON, A.B., to the curacy of Arnteel, patron the Archdeacon of Armagh; Rev. John Maxwell MONTRAY, A.B., to the curacy of Erriglekeeogue, patron the Rector; Rev. Ralph Dawson WELSH, A.B., to the perpetual curacy of Altadezert, patron, the Rector of Pomeroy.
Diocese of Clonfert--Rev. Elliott O'DONNELL, to the curacy of Clonfert, patron, the Rector; Rev. William ROE, to the curacy of Kilconnel, patron, the Rector.
Diocese of Derry--Rev. Arthur W. EDWARDS, to the rectory of Tamlaghtfinlagan, patron, the Bishop; Rev. C. GALWAY, to the rector of Dunboe and Archdeaconry of Derry, patron, the Bishop; Rev. Moses LEATHEM, to the Rectory of Badoney, patron, the Bishop; Rev. Henry KENNEDY, to the rectory of Upper Langfield, patron, the Bishop.
Diocese of Down--Rev. Robert HEATLEY, to the curacy of St. James's, patron, the Incumbent.
Diocese of Ferns--Rev. S. C. ELGEE, to the senior curacy of Wexford, patron, the Rector.
Diocese of Meath--Rev. N.B. WHITE, to the rectory of Kilkenny West, patron,t he Rev. W. B. BRYAN; Rev. H. J. DISNEY, to the curacy of Slane, patron, the Rector; Rev. J. CARROLL, the curacy of Leney, patron, the Incumbent.
RESIGNATIONS--Diocese of Clonfert--Rev. N. Melville ST. GEORGE, the curacy of Clonfert, patron, the Rector.
Diocese of Dublin--Rev. Francis BAKER, the vicarage of Balrothery, patron, the Archbishop.
Diocese of Elphin--Rev. F. BARNES, Sligo School.
Diocese of Ferns--Rev. W. COOKE, the curacy of Wexford, patron, the Rector.
Diocese of Meath--Rev. W. B. BRYAN, the rectory of Kilkenny West, Patron, the Rev. William B. BRYAN; Rev J. L. IRVINE, the curacy of Slane, patron, the rector.
The friends of the late Very Rev. Dean GOUGH intend to mark their respect for his character by perpetuating his memory by means of a memorial window in the cathedral with which he has been connected for forty years.
October 20, 1860
CAVAN PETTY SESSION--MONDAY
Magistrates present:--T. Thompson, Chairman; and W. Babington, Esqrs.
TRESPASS
Patrick FLANEGAN was fined 6s. and costs for having allowed three cows to trespass on the after-grass meadow of Patrick M'COLLUM, at Ricehill, on the 7th inst.
DRUNKENNESS
Sub-Constable MOORE summoned Thomas REILLY for having been drunk in the public street of Butlersbridge. Defendant did not appear, having informed the constable that he would make no defence. The Court only fined him 6d. and costs in consequence of his previous good character. His father paid the fine.
Sub-Constable DUNNE charged Margaret BRIARTY with having been drunk in the streets of Cavan on Saturday night. The Court imposed a fine of 1s and costs, or, in default, twenty-four hours' imprisonment.
A BADLY-TREATED LODGER
Mary SMITH, who described herself as "a lone woman, having no one to befriend her on this side of New York," where three of her children died, and two are at present living, summoned Andrew OLWILL, of Shankill, under the following circumstances:--Early in December last she went to live as a lodger with defendant, agreeing to pay him "£1 a quarter for the run of his board." In January her children sent her an order for £2 from America, and she brought defendant with her to Mr. KENNEDY's in Cavan, to get her order cashed. Mr. Kennedy cashed the order and placed two sovereigns on the counter; defendant took the two sovereigns, and put them in his pocket, although she told him to keep but one; in the April following he received another from her--making, in all, £8; she remained with him but "two quarters," so that he was only entitled to £2; but out of the extra £1 he gave 1s. for snuff for her use; 7s. for her chest and trunk, which had been retained by her former landlord, for non-payment of rent, and he also made some other trifling payments for her, but was indebted to her for the remainder of the £1; when she declined to remain with him any longer, he refused to give up her chest and trunk.....The defendant at first applied for an adjournment, as he wife was not in town, and he wished to have her examined; but the Court refused the application on the ground that he had had sufficient time to bring her in, had he wished to do so. He then made a somewhat rambling statement respecting his dealings with complainant, and ended by declaring that he was willing to give up her chest and trunk.
The Court recommended him to do so; and the other matters between complainant and himself were left, by mutual consent, to the arbitration of Mr. Patrick TALBOT.
PUBLICAN'S CERTIFICATES
Certificates were signed for the following publicans, there being no objection made by the constabulary:--Laurence KENNEDY and John PRUNTY, Baillyhaise; James ROBERTS, Lisnashannow; Mrs. BRADY, Laragh; Peter REILLY, Stradone; Patrick FITZPATRICK, Lavey Strand; John REILLY, Butlersbridge; Rose M'KENNA, Robert Henry MERVYN, and Mary GALLIGAN, Cavan.
CLAIM FOR WORK
Michael REILLY, a carpenter, brought a claim for 12s. against Miss FINEGAN, of Cavan--the sum claimed being the amount for which he contracted to remodel a staircase for defendant--which contract he finished in a proper and workmanlike manner.
Miss Finnegan deposed that her agreement was not with plaintiff, but with his father; the agreement was that plaintiff's father should remove the staircase from one side of the wall to the other; he was to receive an order on Mr. Hague for 15s. for doing this work, and Mr.. Hague was to deduct out of that the price of any materials got from him for the work; plaintiff and his father finished the work in a day and a quarter; Mr. Hague charged 6s. 6d. for his materials; and plaintiff put a mason who had been setting a grate for defendant to work at the staircase, and he charged 6s. 6d. for his work at the staircase, although the agreement with plaintiff's father was that himself and his son should do the entire job for 15s.
Miss Finnegan produced the bill given to her by plaintiff; it was in his own and his father's name....The Court postponed the case for a week, in order that Reilly's father may be examined.
NUISANCE
Mr. Edward FEGAN summoned Robert COWAN for allowing a nuisance caused by a soakage from a dung heap and pig-house to flow into his yard; and Robert COWAN summoned John REILLY for a similar offence.
These cases have been before the Court on several occasions....The Court decided to allow both cases to stand adjourned until next Court day, and directed the Inspector of Nuisances to summon the owner of the upper house, on the part of the Town Commissioners, for the nuisance flowing from his premises, and to summon the occupier of the house next to him, as a witness--as they were of opinion that he was the person who should be proceeded against.
There were no other cases for hearing.
COOTEHILL QUARTER SESSIONS
These Sessions commenced on Monday, the 15th instant, before P. M. Murphy, Esq., Q.C., and the following Justices:--Wm. Murray, Samuel Moorehead, Esqrs., and Colonel Clements.
There were 150 civil bills, 9 Crown cases, and 3 ejectments.
FAY v FITZPATRICK
This was an appeal in which Mr. James FITZPATRICK was appellant, and Mr. Thomas FAY, respondent.
Mr. WRIGHT, Monaghan, with Mr. TULLY, appeared for Mr. Fay; Messrs. Mahaffy and Dudgeon for Mr. Fitzpatrick.
This was a case in which the matter in dispute was a quantity of bog situate in part of the property formerly belonging to the late Maxwell James BOYLE and bought by Mr. Fay in the Incumbered Estates Court. Fitzpatrick contended Fay was not giving him the contents of an old lease, also that the bog was in his possession and his predecessors, for thirty-eight or forty years. Mr. Fay obtained an injunction by which he stated he dispossessed Fitzpatrick. It was also sworn by Fay's witnesses for Fitzpatrick had expressed himself satisfied with the amount of bog Fay allowed him; this was flatly contradicted by Fitzpatrick on oath.
After the examination of Messrs. REILLY and M'QUAID, surveyors, and a good deal of contrary swearing, the Bench affirmed the conviction of the magistrates.
Sub-Constable SMITH v. Farrell M'GOVERN
This was the only Crown case that excited any interest. It was a charge of assault against Farrell M'Govern, a publican, on Sub-Constable Smith, whilst in the discharge of his duty, on the night of the July fair of Cootehill. A report of proceedings at Petty Sessions appeared in the OBSERVER at the time.
Sub-Constable Smith examined--Remembers the night of the 20th July was fair night of Cootehill; was on duty in company with Constable GOVERS and another constable; heard a serious row in M'Govern's house; Mr. P. HORAN and Dr. HORAN complained of the house being an annoyance to the neighbourhood; when Mr. MORIARTY, the officer, came down, he ordered him and Govers to go in and see what the row was about.....Cross-examined by Mr. M'Gauran--had not been stationed long in Cootehill; heard M'Govern had a row with the police before; does not believe if you touch one policeman, you touch the whole force; heard Head-Constable HARRISON was decreed, but heard it was for an illegal arrest......This closed the case for the Crown.
Mr. M'Gauran having addressed the jury in a lengthened and clever speech, in which he showed the great jealousy with which the law sought to protect a man in his own house; that the effect of a verdict against the prisoner would not only bring him punishment but probably would be the cause of having his license withheld from him.....He called upon John PLUNKETT, a navvy, who proved nothing contrary to the case for the prosecution, but corroborative.
Owen CAHILLY being produced, prevaricated so much that his Worship committed him for 48 hours.
His Worship charged the jury in his usual lucid style, placing the law clearly before them. He told them that previous to the appointment of police, which was a French term, during the time of the old constables, the true Saxon term, the constables had every power to enter a publican's house to quell a riot.
The Jury brought in a verdict of Guilty.
Sentence--A fortnight's imprisonment, with hard labour.
THE DERRYMACASH HOMICIDES
Mr. Justice Fitzgerald sat on Tuesday to hear motions for the three law courts.
Mr. Ferguson, Q.C., moved on the part of the ten prisoners for trial at the next Armagh Assizes for the homicides near Lurgan on the 12th of July last, that they should be discharged on bail.
The Attorney-General consented to the discharge of six of the prisoners, but resisted the motion so far as William HUMPHREYS, Thomas HUMPHREYS, Samuel TATE, and William WRIGHT were concerned. Bail was accordingly taken for the six prisoners, and the other four remain in custody.
October 27, 1860
DEATH OF LADY CATHERINE SAUNDERSON
It is with sincere regret we announce the death of Lady Catherine SAUNDERSON, which took place at Newick Park, Sussex, on Sunday last. Her ladyship was second daughter and fourth child of the Hon. John CRICHTON, Colonel in the army, and Governor of Hurst Castle (second son of John, first Earl of Erne), who died in 1833. In 1842, on the death of Abraham, second Earl of Erne, the eldest son of Colonel Crichton succeeded to the title, and is the present Earl; and shortly afterwards his brothers and sisters were raised to the precedency of Earl's children. Lady Catherine had, in 1825, married the Rev. Francis SAUNDERSON.
CAVAN PETTY SESSIONS--MONDAY
Magistrates present:-Theophilus Thompson, William Babington, Nathaniel Montgomery, and Andrew Carden, Esqrs.
Edward MONAHAN was fined 1s. and costs for having allowed his pig to trespass on the crop of Patrick FINNEGAN, at Ricehill.
The case of James and Michael REILLY against Miss FINNEGAN, postponed from last Court day, and reported in our impression of the 20th inst., was again called. James Reilly corroborated his son's evidence, and that of Miss Finnegan was to the same effect as on the last Court day.
The Court gave a decree for 6s. (half the sum claimed) with 1s. 6d. costs.
James BRADY summoned Bernard SMITH for having, on the 9th October, threatened to stab or stick him. It appeared, however, that he had earned the threat (if used) by shouting outside Smith's door, and using provoking language towards him. The case was dismissed.
Robert GRIER v. John MAGUIRE
This was a very singular case. Complainant is a respectable farmer, residing at Corroneary. Defendant is a young lad, the son of a cabinetmaker residing in this town; and the summons was brought against him for "having had in his possession, on the 25th of September, 1860, two one-pound notes, the property of complainant, knowing same to have been stolen; and for having obtained said notes by false representations from one Susan OLVANY."
Mr. Tully appeared for complainant; and Mr. E. M'Gauran for defendant.
It appeared from the evidence that on the 25th of September, Mr. GRIER had been in the shop of Mr. SIMONS, saddler, Main-street, two doors from MAGUIRE's house. He gave Mr. Simons as 3l. note to pay for a cart breeching which he had purchased, and Mr. Simons gave him two 1l. notes and some silver in change. The notes he put in an inside vest pocket, and the silver in his trousers pocket, but on arriving home he could not find the notes, and he came into Cavan the next morning to look for them, but without success. On the day he lost the notes a girl named Susan OLVANY, as servant to Mr. Tully's, picked up two 1l. notes near Maguire's door, and hearing a noise in Maguire's house, she gave them to the defendant, who simply said "Thank you;" and to his sister, "There's the 3l. now"--he having another note in his hand at the time. Neither Mr. Simons nor complainant could identify the notes lost by complainant. The defence was that the notes picked up by Susan Olvany were the property of defendant, his father (who is working at Castlesaunderson) having sent his family a 3l. note on the 25th instant, and defendant's sister swore that she put three 1l. notes in a purse and placed it in a drawer in a room off the hall, but afterwards found that her little brother had climbed to the drawer, taken out the purse and notes......The Court dismissed that case and as the parties were leaving Court, the Chairman called them back and said that one of the magistrates considered there were no grounds at all for the case, while the other three considered that it closed with the greatest suspicion. They would, however, dismiss the case without prejudice, and without costs.
Mr. M'Gauran, both during the hearing and at the termination of the case, announced his intention to take proceedings against Mr. Grier, on the part of defendant.
A case was heard against James and Michael M'GUINNESS of Cavan, which excited interest. It appeared that at last Quarter Sessions William and Michael M'GUINNESS obtained a decree against their brother, John, in consequence of which they went to seize on, and afterwards to remove a stack of hay which they conceived to belong to him, in Clonervy, on the lands of a man named FLOOD, but the hay had been previously sold to Mr. Adam ARMSTRONG, at Ballygawley, as part payment of a sum of £46 18s 6d., some of which was secured by a promissory note. Mr. Armstrong's servant, M'KENNA, served the necessary notice on the M'Guinnesses, but without effect, and a number of men had been obliged to watch the hay. Mr. Armstrong was otherwise put to great expense. Mr. Babington, J.P., had also cautioned defendants against interfering with the hay.
The Court imposed a fine of 1s., with 1l. costs, on defendants giving a guarantee that they would not again interfere with the hay. A summons for trespassing on Flood's land, which formed part of the case, was dismissed.
James KEMP v. Richard HUMPHRYS
This was a summons for trespass brought by one brother-in-law against another. As a question arose about the mearing of the parties, the Court referred the case to their agent.
Hugh FEGAN v. Patrick KERRIGAN
This was a summons for trespass and knocking down a ditch. There was a cross summons brought by Kerrigan against Fegan for hunting and worrying his cattle with a dog. Both cases turned upon the right of a strip of land, and were referred to Mr. Moore and Mr. Rogers, the respective agents of the disputants.
John GALLIGAN v. Phillip LEDDY
This was a civil bill process for 1l. 10s 11d. Defendant did not appear, and a decree was given for the sum claimed.
Mathew JAMES v. Ellen DEMPSEY
The prisoner (formerly one of the tenants of the Town Commissioners, but now married) was charged with stealing a shirt, the property of Matthew James, from a ledge whereon it had been placed to dry. The case having been clearly proved, she pleaded guilty, and threw herself on the mercy of the Court. As she had been in custody for some days, the Court only sentenced her to a week's imprisonment.
This was the last case heard.
MONAGHAN QUARTER SESSIONS
James MAJOR, Esq., Q.C., chairman, sat in the county Court-house, Monaghan, for the purpose of proceeding with the business of Quarter Sessions.
SERIOUS CHARGE AGAINST A PRIEST
The Grand Jury having been sworn and returned "true bills" in some larceny cases,
The Foreman said--Your worship, in No. 16, against the Rev. Mr. M'NALLY, Roman Catholic Curate of Clones, the Grand Jury wish to know if the pistol, alleged to have been snapped by the accused, was not loaded, would the fact of its being snapped constitute an assault of itself?
The Chairman--If the pistol were not loaded, then there can be no assault in that instance; but, gentlemen, having read over the informations, it seems to me that there is an allegation contained therein that an assault was committed with a stick, prior to the snapping of the pistol. If so, you can deal with the matter separate from the case of the snapping of the pistol.
The Grand Jury then retired, and in a short time returned "no bill" in No. 16, and a "true bill" in No. 17, indicting the Rev. Mr. M'Nally, R.C.C., with having assaulted with a stick, in the streets of Clones, on the 6th of September last, one William FEGAN, a porter, at the Clones station of the Dundalk and Enniskillen Railway.
Mr. John REA, solicitor, Belfast, is retained (special) to defend the reverend accused, with Mr. REILLY and Mr. J. DUDGEON. Like all cases of a similar nature, it excited considerable interest both in Monaghan and Clones, as well as in the district around.
BIRTHS
On the 20th inst., at Longford, the wife of Thomas J. MacMAHON, Esq., Manager of the National Bank of Longford, of a son.
On the 20th inst., at Ballinalack, county Westmeath, the wife of Charles John BATTERSBY, Esq., of a daughter.
On the 1st July, at Hillford House, Nelson, New Zealand, the wife of Llewellyn NASH, Esq., of a son.
MARRIED
On the 16th inst., at Stillorgan, the Hon. Percy WYNDHAM, second son of Lord Leconfield, to Madeline, daughter of the last Sir G. CAMPBELL, Bart.
DIED
On the 13th inst., in Grafton-st., London, the Hon. Lady DOWNES, aged 61.
On Wednesday night, the wife of Mr. John CLEMENGER, coach-builder, Cavan, at an advanced age.
On the 24th inst., at the residence of her son, in Roscommon, Julia Anne, relict of Stephen BURKE, Esq., late retired county inspector of constabulary, and of the 47th regiment.
On the 24th inst., at Cherry Cottage, Westport, county Mayo, aged 74 years, Mary, relict of Doctor Thomas HAMILTON.
DEATH OF NICHOLAS KELLY, ESQ.--With sincere regret we have to announce the death of Nicholas KELLY, Esq., R.M., of Ballinamore, county Leitrim, which melancholy event occurred on Friday. He was a man of great integrity, and uniformly impartial in the discharge of his magisterial duties. Possessing a high order of intellect and sound judgment, his sympathies with the poor were active, whilst he rendered his zealous exertions to supress and prevent social disorder, and was recognised as the impartial arbiter between poor and rich. In him government has lost a most valuable official, and society one of its worthiest members. He was descended of a respectable family, and born in Annahean, near Carrickmacross, where for years he discharged the duties of local magistrate to the public satisfaction. He was appointed resident magistrate in 1841, since when he has been on special service in many parts of Ireland, and everywhere respected and admired.
County Cavan Newspaper Transcription Project
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