Cavan Observer
Published in Cavan, county Cavan
October 4, 1862
THREATENING NOTICE--The ill spirit of Ribbonism seems to be developing itself in this county. On Friday, Mr. M'LAREN, the agriculturist on the Annesley Estate, received a threatening letter signed "Molly Maguire," in which he was warned to leave the country or his life would be taken. The letter is evidently written in a disguised hand and is certainly not the production of an illiterate person. Mr. M'LAREN is a most obliging and inoffensive man, and very popular among the tenantry with which he is connected. We understand it is the intention of the tenants to offer a reward for the detection of the miscreant.
CAVAN PETTY SESSIONS--MONDAY
Magistrates present:--Wm. Babington, Esq., J.P. (Chairman); Captain Carden, J.P.
POSSESSION CASE
Joseph LOGAN was summoned by the Rev. Mr. MOORE for possession of a house. The service of the necessary notice and summons having been proved a decree of possession was granted.
A DISPUTED WATCH
The Court was occupied for some hours investigating a dispute relative to a watch. It appeared that a man named CONNELLY attended a Bazaar in Bridge-street, belonging to a Mr. COSTELLO, on the previous Saturday, and alleged having drawn the ticket of a silver watch, value £1 5s. The proprietor of the Bazaar disputed the ticket having been fairly drawn, and alleged there was no such ticket in his box on the night in question; but expressed himself satisfied to give CONNELLY the watch if he took upon himself to swear that he drew the ticket fairly. CONNELLY swore that he drew the ticket fairly and the Court ordered the watch to be given up to him.
Mr. Babington considered that although such Bazaar's might not be contrary to law they were objectionable in point of public morals.
ILLEGITIMATE CHILDREN
The Guardians of the Cavan Union brought up four girls who had illegitimate children chargeable on the union. The necessary informations having been sworn, the Court made an order directing the Guardians to sue the reputed fathers.
After disposing of a few unimportant cases the Court rose.
BELTURBET PETTY SESSIONS - SATURDAY, SEPT. 27
Magistrates present--Captain J. A. Nesbitt, John Litton, Thomas F. Knipe, and J. Rogers, Esqrs.
GRANTING GAME LICENSES
The Clerk announced in a formal manner that the magistrates were ready to consider applications from persons to deal in game.
No person having appeared, the ordinary business was proceeded with
John FITZPATRICK a. James M'CAFFREY
This was a summons for £1 12s 6d for three months' wages as farm labourer.
The complainant deposed that no specified bargain was made at the time of his commencing to work, but he was told by the defendant that he would give him whatever was the usual rate of the county.
The defendant denied that he was to give any wages whatever; it was in fact to keep him from starving that I allowed him to work for his meat; he also gave him tobacco and some clothes.
The magistrates considered the complainant was entitled to 30s. for his services, and ordered a decree for that amount with costs.
The defendant said he would appeal.
James MORTON a. Daniel MORTON
This was a summons for wages earned at cleansing a drain in the townland of Carrifarnahon. It appeared from the evidence on both sides that a joint-agreement had been made for the work done, but they were quite at issue as to what the agreement was.
The Bench, after taking a great deal of time, endeavouring to arrive at the truth, came to the conclusion that the defendant's case was the most probable, and therefore, dismissed the summons.
CIVIL BILL
John LITTLE a. Thomas FITZPATRICK
This was a process for 12s, 10d. due for con-acre. The magistrates granted a decree with costs.
Some other minor cases was heard, and the court adjourned.
BIRTH
October 1st, at Erskin Terrace, Cavan, the wife of Rev. Hugh MURRAY, A.M., incumbent of Cavan, of a son.
October 11, 1862
COUNTY OF CAVAN - DIVISION OF CAVAN
A LIST of Applications received by the Clerk of the Peace from Persons seeking EXCISE LICENSES for the Sale of BEER, SPIRITS, &c...to be heard and inquired into at Cavan on
TUESDAY, the 14th day of OCTOBER, 1862, immediately after the Grand Jury shall have been swore:
No. Name Residence Parish Barony 1. ADAMS, Joseph Ballyhaise Castleterra Upper Loughtee 2. CONNOLLY, Bernard Ballinagh Kilmore 3. DONOHOE, Michael Arvagh, Mainstreet Killeshandra Tullyhunco 4. DARBY, Thomas No. 5, Church-street, Cavan Urney Upper Loughtee 5. FARRELLY, Hugh Market-square, Arvagh Killeshandra Tullyhunco 6. MULLIGAN, John No. 58, Main-street, Cavan Urney Upper Loughtee 7. MAHAFFY, James Main-street, Belturbet Anna Lower Loughtee 8. WALSH, Patrck Townland of Mullylogher Anna
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......to be heard and enquired into at Cootehill on TUESDAY, the 21st day of OCTOBER, 1862.
No. Name Residence Parish Barony 1. CARNEY, Philip Cootehill Drumgoon Tullygarvey 2. DONOCH, Anne Townland of Cornibaste Drung Tullygarvey 3. FARRELLY, Hugh Market Street, Bailieborough 4. FAY, James Lisboduff Drung 5. FLOOD, Patrick Virginia Lurgan 6. LANCASTERE, John Market Street, Bailieborough Castleraghan 7. MAGAR, Samuel Market Street, Cootehill Drumgoon Clonkee 8. MAGAR, Samuel Market Street, Cootehill Drumgoon Tullygarvey 9. M'ENANEY, Peter Town of Shercock Shercock Tullygarvey 10. MARTIN, Patrick Shercock Shercock Clonkee 11. PEATT, Eliza Bridge Street, Cootehill Drumgoon Clonkee
LOCAL NEWS
ROBBERY--On Saturday evening, a man named Farrell M'KEIRNAN of Newtown, was robbed of £10 and three half-notes in this town. M'KEIRNAN was proceeding in Dublin, to transact some business for Mrs. YAW, of Belturbet, to whom the money belong, and on arriving here commenced drinking. It appears he paid a visit to the infamous locality, known as Gallow's hill, where he got into company with some of the unfortunate girls of the town, who, it is supposed, "delivered" him of the money. He informed the police of his loss, who proceeded to search the huts on Gallow's hill, but no trace of the money could be discovered. A girl, named Catherine COLDWELL, was arrested on suspicion, and brought before T. Thompson, Esq., J.P., but there being no evidence to criminate her she was discharged.
ILLICIT DISTILLATION--EXTENSIVE SEIZURE--On Tuesday last, Constable GRACE, of Clover hill station, accompanied by three sub-constables, proceeded to the townland of Clonandra, near Redhills, and on searching the barn of Mr. Hugh M'ENEARNEY, found 80 stone of malt, several vessels apparently used for the purpose of brewing and a jar containing potteen whiskey. On making further search, they found near the premises a quantity of malt drying on quilts. The constable had the malt destroyed on the spot, and the other articles he removed to the station. This is the second seizure Constable GRACE has made within a short time.
BELTURBET FARMING SOCIETY--THE DIGGING MATCH--On Saturday last the digging match, in connection with the Belturbet Agricultural Show, came off in a field in the townland of Creeney, kindly given for the purpose of John ROGERS, Esq. There were five entries and the ground to be dug by each was one perch, Irish. At one o'clock the competitors started, and although the man to whom the 1st prize was awarded not come out first, yet the judges gave it to him on account of the superior quality of his work. The prizes were awarded as follows:--Thomas LYNCH, 1st prize, £1 10s.; J. KENNEDY, 2nd do, £1; James REYNOLDS, 3rd do, 10s; John MURPHY and James DUNNE, the beaten men, got 6 s each.
CAVAN PETTY SESSIONS--MONDAY
Magistrates present:--Theophilus Thompson, Esq., J.P. (Chairman); Captaine Erskine, J.P., and Wm. Babington, Esq., J.P.
Mr. O'BRIEN, station master, summoned two men for trespassing on the railway. Mr. O'BRIEN proved the offence. The parties were fined 6d. and costs, and cautioned by the Court not to repeat the offence.
Most of the other cases were settled, and none of any interest came before the Court.
DIED
Oct. 5, at Ballinagh, in this county, at an advanced age, Mr. James CARMICHAEL, very much regretted.
Oct. 10, at Farnham street, Mrs.ELLIEEN.
October 18, 1862
LOCAL NEWS
ILLNESS OF P.M. MURPHY, ESQ., CHAIRMAN OF THIS COUNTY--In giving expression to our regret that the above gentleman should have been compelled by illness to absent himself from our Quarter Sessions, we but echo the universal feeling of all classes. Mr. MURPHY, during his official connection with this county, earned for himself the respect and esteem of every one of his mild and urbane demeanour, whilst his sound and imparting administration of the law rendered him deservedly popular. We anxiously hope, and it is the hope of every person in this county, that he may soon be able to resume his duties...
RAILWAY ACCIDENT--On Saturday evening, a man named HYLAND, met with a serious accident at the railway terminus here. HYLAND was a servant of the Ulster Railway Company, whose duty it was to shunt the waggons on the arrival of the trains, and on the evening in question was engaged in "shunting" a waggon containing cattle, on the side of which he sat. When coming convenient to the new goods store the waggon came in contact with a coal waggon, and the poor fellow was frightfully crushed between the two waggons. He was at once conveyed to the County Infirmary, where everything his condition required was promptly done for him, and we understand he is progressing towards recovery.
AUCTION AT KILMORE--On Monday last Mr. GANLY proceeded with the above sale. It was very well attended and everything sold remarkably well. The prices obtained for stock exceeded those at recent fairs, but this is easily accounted for by the superior quality of the stock. Sheep brought high prices, and some were purchased by W. A. MOORE, Esq., at 52s a head. The Rev. Mr. M'CREIGHT purchased a cow for £30.
BIRTH
Oct. 14 in Farnham-street, the lady of William WANN, Esq., Manager of the Ulster Bank, of a daughter.
CAVAN PETTY SESSIONS-MONDAY
Before William Babington, Esq., J.P. (Chairman) and W. M. Hickson, Esq., R.M.
TRESPASS
Mr. REILLY, Butler's Bridge, summoned James M'CONNELL for a trespass of two asses in his aftergrass
Mr. REILLY's man proved the offense; the asses were in the habit of trespassing, and he drove them home eight or nine times.
Fine 1s. and costs.
ASSAULT
John M'QUIRK summoned Jane YEATES for an assault.
The defendant said that she did not get the summons till twelve o'clock, and applied to have the case postponed as she had a cross-case against the complainant.
Mr. Knipe, solicitor, who appeared for complainant, said he would not object if the application was made for witnesses, but as such was not the case, and as the assault was an aggravated one he would press its being heard.
Mr. Babington said the custom of the Court was to postpone any case in which the summons was not served 24 hours before hearing.
The defendant said it was long after 12 o'clock before the summons was served.
Mr. Knipe said the assault arose out of a family dispute. His client had been treated in a most inhuman manner by the defendant, and his life was absolutely in danger. He was married to a sister of the defendant's who it was thought was in a dying state, and the defendant was endeavouring to put him out of his holding.
The summons-server proved that the summons was served at 12 o'clock on Saturday.
Mr. Babington considered the summons was not served in sufficient time, and granted the application for a postponement.
LEAVING STONES ON THE PUBLIC ROAD
Constable SHEIL summoned John LEE for leaving heaps of broken stones on the public road. The constable proved the offence, and that the obstruction complained of was dangerous to the public safety.
A person appeared for the defendant who said he was lying dangerously ill in fever.
Mr. Babington--Do you wish to have the case postponed?
The person said he was satisfied to have it disposed of by his worship. LEE was in the act of spreading the stones when he was attacked by illness.
The constable, in reply to the Court, said he understood the obstruction complained of had been since removed.
Ordered to pay the costs.
ATTACK BY A DOG
Ann ROONEY summoned Catherine FINNIGAN for setting a dog at her.
The complainant proved that when at the public pump for water the defendant "ballooed" a dog at her, who would have torn her to pieces only she put the pipe of the kettle into its mouth; the dog tore her clothes.
Mr. M'CANN said the dog belong to him, and the defendant was his servant, and she was the last person he would suspect of such an act. On inquiring into the circumstances he was informed that the defendant provoked the dog by pointing a kettle at him.
A little girl was produced as a witness for the defence, who proved that the defendant did not "balloo" the dog; the complainant pointed the kettle at the dog when he ran at her and tore her clothes.
The case was dismissed, after which the Court rose.
CAVAN QUARTER SESSIONS
The Quarter Sessions for this division of the County commenced here on Tuesday before William Hickson, Esq. The following is the amount of business at the Sessions.
Crown Numbers, 11
Civil Bills, 280
Appeals, 1
Ejectments, 7
The following magistrates occupied seats on the Bench:--Captain Phillips, J.P.; W. M. Hickson, Esq., R.M.; William Babington, Esq., J.P.; Nathaniel Montgomery, Esq., J.P.; J. G. Tatlow, Esq., J.P.; and Theophilus Thompson, Esq., J.P.
The Court opened at 10 o'clock when the names of the Grand Jury were called over by Mr. CAFFREY, Deputy Clerk of the Peace, and, the following persons having answered to the names were sworn and impannelled:--
GRAND JURY
Thomas HARTLEY, Foreman; Edward KENNEDY, Francis M'CABE, James MORROW, James GILROY, Henry DOUGLAS, T. E. MADDLESON, Alexander KETTYLE, John GANNON, John PRUNTY, John DAVIS, T. W. SIXSMITH, John MURPHY, James BLACK, William FOSTER, James KENNEDY.
After the Grand Jury were sworn the Chairman addressed them. He regretted to inform them, and he felt assured that all who heard him joined in the regret, that the illness of their respected Chairman, Mr. MURPHY, caused him to preside on the present occasion. He was happy to inform them that their county presented a most peaceable aspect....The Chairman then ordered the bills to be sent before the Grand Jury, who retired to consider them.
SPIRIT LICENSES
During the absence of the Jury the Court proceeded with the hearing of the applications for publicans' licenses, a few of which were granted.
INSOLVENT DEBTORS
Patrick REILLY, of Stradone, an insolvent, was opposed by Mr. Armstrong, on behalf of his sisters. It appeared the father died intestate and the property going to the son, an award was made by Mr. BURROWES and Captain CARDEN of £140 between the sisters. Subsequently they agreed to take £100, but received only £30 out of it.
Mr. Knipe, who appeared for insolvent, said that the father owed a considerable sum of money when he died, and that the debts were incurred while the sisters were managing the shop.
Catherine REILLY admitted having got £30 shortly after the second settlement. There was £240 worth of stock and other property besides the shop after her father's death; insolvent gave them a book debt which he afterwards got himself.
Chairman--Insolvent returns his cattle and stock worth only £30.
Mr. Knipe contended that his client ought to be discharged. He was embarrassed in paying debts due by his father; he paid a sum of £132 to his creditors, and £60 to the sisters, which was £192; this insolvency would never have taken place if he had not undertaken the debts of his father, or rather debts incurred by the parties who now oppose him, they having the entire management of the shop.
The insolvent was produced and during his evidence copiously shed tears. He proved that his father owned £600 at his death; he called a meeting of his creditors, but they refused to take less than the entire amount; he paid them £132, having returned all the property he was possessed of in his schedule; were it not for the creditors he could have settled with his sisters.
The insolvent, in answer to Mr. Armstrong, admitted that he consented to the decree being got against him on which he was arrested, and came into Cavan for the purpose of being arrested.
Chairman--By the amount in schedule of insolvent he appears to have had an income of £30 a year; and his household expenses was £100 a year such extravagance was not creditable; he considered the schedule did not truly represent the facts, and he would remand him for six months.
Mr. Knipe appeared for Michael BOYLAN, a farmer and cooper.
Mr. James Armstrong opposed the discharge on behalf of Michael GALLIGAN, Mr. TULLY on behalf of James REYNOLDS and Hugh SMITH, and Mr. M'Gauran on behalf of Messrs. J. MURPHY and S. WALLACE.
The grounds of opposition were undue litigation, suppression of property, and collusive arrest.
Mr. Knipe applied for a postponement till next sessions, as insolvent had, by the death of friends in Australia, lately been entitled to money, which he would likely have by next sessions.
His Worship refused the application without the consent of the opposing creditors.
GALLIGAN, one of the creditors, was examined, and deposed to 4 acres of oats and a horse and cart, not returned on the schedule being in the possession of insolvent.
On the insolvent being examined the Court was of opinion that a proper return had not been made on the schedule, and that the arrest was collusive. He therefore dismissed the petition.
Mr. Knipe appeared on behalf of Patrick REILLY, miller and grocer, of Drumlish, county Longford, and Mr. James Armstrong appeared on behalf of the Messrs. John SCALLY and Co., wholesale merchants, Dublin. The grounds of opposition were that the insolvent fraudulently contracted the debts and collusive arrest. However, on the case having been fully gone into the Chairman considered the grounds of opposition were not fully proved, but from the unsatisfactory state of the schedule he could not discharge the insolvent, but would remand him for one month.
There were a few other cases but the parties(cut off)
CROWN BUSINESS--ASSAULT ON THE POLICE.
Peter MAGUIRE, Thomas MAGUIRE, Patrick SMITH, Richard HETHERINGTON, John DOBSON, Daniel DOYLE, and John MASTERSON were severally indicted for a riot at Arvagh, on the 15th August last; the prisoners were also indicted for an affray at the same time and place, by attacking the constabulary, and throwing stones at them.
Benjamin Armstrong, Esq., Sessional Crown Solicitor, prosecuted; Messrs. J. Armstrong and Samuel N. Knipe, solicitors, appeared for the prisoners.
Constable LOEKLIN, Acting-constable COURTNEY, and Sub-constable CULLY, the police on duty, were the witnesses examined for the prosecution. The defence on the whole, might be said to be an alibi, but as very often occurs in such cases the witnesses produced failed to prove it to the satisfaction of the Court and jury.
After an inquiry of two hours, the Chairman having gone over the evidence, expressed his own opinion, and that of his brother magistrates that although the crime for which the prisoners were indicted was one of a serious nature, yet in the present case it appeared not to be a very aggravated character.
The jury after a short deliberation found the prisoners guilty, with the exception of MASTERSON, whom the Crown did not wish to press for a conviction against.
His Worship--Prisoners, you have been found guilty of what may justly be considered a very serious attack on the police. You are all young men, but you have had sufficient experience to know that the police are the preservers of the peace and protectors of the property of the country....You have got very good characters, and the magistrates inform me that your neighbourhood is improving in peace and quiet, and these circumstances weigh greatly with the Court in your favour. The Court are, therefore, disposed to deal leniently with you, and will allow you to be discharged on your own recognizances to appear when called; but should you again commit a similar offence, or any offence against the laws, the verdict now obtained will be put in force against you. You are now discharged, but it is to be hoped you will believe better in the future.
The prisoners were then discharged from the dock.
LARCENY OF WEARING APPAREL
John M'MAHON was indicted for stealing a quantity of wearing apparel at Killeshandra, the property of John KEANE.
The prisoner pleaded guilty.
Chairman--You have been found guilty of a former larceny, and the Court considers that the ends of justice require that you should be severely punished. The prisoner was sentenced to nine months' imprisonment.
Rose LEONARD was indicted for stealing two shirts, two aprons, one sheet and chemise, the property of Terence BRADY.
Mary BRADY sworn and examined by the Crown Solicitor--Resides in this county; had two shirts, two aprons, one sheet, and a chemise out drying on the 13th August; missed them next morning; next saw them in a few days later in the house of Mary CARROLL at Grousehall; Mary CARROLL's house is about three miles from witness's residence (articles produced and identified by the witness); had no previous knowledge of the prisoner.
Mary CARROLL sworn and examined by the Crown Solicitor--Lives at Grousehall; prisoner came to her house on the 14th August; she had a bundle with her; she said she was tired and hungry, and witness gave her something to eat; she asked could she leave the bundle; witness replied that she might, and she went away in a few minutes after; did not see the prisoner after until she came with the last witness in the custody of the police; the bundle was in the house three days before the police came; gave up the clothes to the police; did not see the prisoner for 18 or 19 years before.
Sub-Constable REID deposed that he went to the house of Mary CARROLL and found the clothes in a small box; when the clothes were produced the witness BRADY identified them; the prisoner came to the police station in company with Catherine BRADY; there were no reasons assigned for suspecting the prisoner, nor did she show any reluctance to go to CARROLL's house; the sheet was found spread on a bed in CARROLL's house....Sub-constable REID said that the prisoner admitted having stolen the clothes; was duly cautioned before she made the admission...
His Worship--Prisoner, you have been found guilty of a larceny, and I understand you have been in gaol for six months for another offence. I also learn that there are other charges against you, and I think it due to the community, and it may have a good effect on yourself, to punish you severely. The court sentenced the prisoner to three years penal servitude.
The prisoner said she was glad she had got such a sentence.
STEALING CATTLE.
John REILLY was indicted for stealing a heifer, the property of Patrick DOLAN, at Carrick, on the 28th September. He was also indicted for stealing a heifer, the property of Owen MAGOULRICK, at the same time and place.
Patrick DONAN sworn and examined by the Crown Solicitor--Sent four heifers to grass at Mr. FINLEY's; saw one of them at Killeshandra on the 3th October; the heifer was in Mr. FERIS's yard, and on his identifying her he was allowed to take her home; she was worth about £6, and was one of the heifers he had at grass at Mr. FINLEY's.
Patt BRADY sworn and examined by Crown Solicitor--Am in the service of Mr. FINLEY of Bawn; Patrick DOLAN had four heifers at grass at Mr. FINLEY's; they came there in May, and saw them last on the 26th of Sept.; there were two heifers taken off the grass; saw DOLAN's heifer at Killeshandra in Mr. FERIS's yard; Owen MAGOULIRCH had a heifer on the grass at the same time; that heifer was also taken away, and I saw her afterwards in Mr. FERIS's yard at Killeshandra.
Mr. John M'CABE sworn and examined by Crown Solicitor--Lives in the county Monaghan, and deals in cattle; was at the fair of Killeshandra on 29th Sept. last; saw prisoner at the fair; he had two heifers there which witness brought from him....witness put his brand on the heifers....when he next saw the prisoner he asked him where he was from and he said Ballymagaurin; witness remarked that there was a fair that day in Ballyconnell and that it was nearer to him; he said he thought he could do better at Killeshandra....
Patrick MAGOULRICK deposed that he knew of his father having a heifer at the grass of Mr. Finley's...Constable James DOGHERTY sworn and examined by Crown Solicitor...The prisoner said he was only selling the cattle and denied having stolen them.
The jury found the prisoner guilty of both offences.
Chairman--You have been found guilty of two larcenies, but there being no previous conviction against you is greatly in your favour; still it is due to society that you should be severely punished. He was sentenced to 12 months' imprisonment with hard labour.
ASSAULT AND ATTEMPT TO ROB
Margaret DALY was indicted for assaulting and attempting to rob Peter COX, at Swanlinbar.
Peter COX sworn and examined by Crown Solicitor--Lives at Swanlinbar, and keeps a shop; saw the prisoner there on the last fair day; witness caught her hand in his breast pocket; he had a purse with £4 10 s in it at the time; she did not take the purse; he thought to hold her, but persons who came into the shop with her pushed her away; prisoner saw him put the purse into his breast pocket.
Mr. Knipe, who defended the prisoner, cross-examined the prosecutor at much length, but elicited nothing material.
Sub-constable MAGOULRICK deposed that he arrested the prisoner in the street when in the act of running away; arrested her in consequence of people crying out that she had attempted a robbery; had a suspicion of the prisoner all day.....The jury found the prisoner guilty of both counts in the indictment and the Court sentenced her to nine months' imprisonment.
This case closed the Crown business. The Court next proceeded with the hearing of
EJECTMENTS
The number of ejectments were comparatively small.
The Hon. the Earl of Annesley v. James BRADY.
This case was before the court at the previous sessions, and was fully gone into by the Chairman, and an order made in the case to the effect that a lease was to be given by Lord Annesley, with special condition, which on behalf of the complainant the Messrs. Armstrong contended were not complied with, in consequence of which Mr. A. MOORE, the agent of Lord Annesley, refused to perfect the lease, consequently the case came before the court on notice at the present sessions, Messrs. Tully and Knipe solicitors.
Mr. BRADY submitted that the order made at the last sessions was not complied with, which their client at all times was willing to accede to.
The Chairman, after fully hearing the case, said he would take it upon himself to adjourn the case till next session, when, he hoped, Mr. MURPHY would himself be present, and who would (knowing the proper construction to be put upon the order made) be better able to decide on the question.
Peter FIZPATRICK v. John FITZPATRICK
This was an ejectment brought by the father against the son for the recovery of eight acres of land. The defence set up by the defendant was, that by his father's order, to go and take a farm for himself. He did so, and subsequently the plaintiff got unwell, went into the infirmary, made a will, leaving the farm to the defendant; but after his getting better he wanted to get possession, either for the purpose of getting married himself or give it to some other member of his family.
The Chairman, after hearing the case fully, said he had no alternative but give a decree for possession, with stay of execution as regards the house, till 1st February.
The Court was occupied hearing civil bills up to Thursday evening, when it was adjourned to the 24th instant, to finish the remainder of the business.
October 25, 1862
CHEAP COAL--We understand that Mr. O'BRIEN, our local station master, has entered into a contract with a Welsh Coal Company which will enable him to dispose of coal in Cavan at Dublin prices. This will certainly prove a very great boon to the poor of this locality and Mr. O'BRIEN deserves the thanks and gratitude of all classes for the anxiety he manifests to bring within the reach of the poor such an indispensable commodity as fuel.
CAVAN ROMAN CATHOLIC CHURCH--The dedication of St. Patrick's Roman Catholic Church in this town took place on Sunday last, on which occasion a sermon was preached by the Right Rev. Dr. LEAHY, Bishop of Dromer...After the sermon, the Right Rev. Dr. BROWNE, Roman Catholic Bishop of Kilmore, announced that the proceeds from the sale of tickets and private donations amount to £700, a sum which seemed to realize the expectations of those who were instrumental in organizing the proceedings.....
The following were amongst those who were present at the ceremony:
The Very Rev. Canon ROCHE, Wexford; the Very Rev. P. O'REILLY, Mullahoran; the Very Rev. N. CONATY, P.P., Castleraghan; the Very Rev. P.O'REILLY, P.P., Drumlane; the Very Rev. J. MAGUIRE, P.P., Kinlough; the Rev. John O'REILLY, P.P., Virginia; the Rev. F. O'REILLY, P.P., Bailieborough; the Very Rev. P. CURRAN, P.P., Ballinamore; the Venerable Archdeacon O'REILLY; the Very Rev. C. O'REILLY, P.P., Carrigalle; the Rev. P. GILROY, P.P., Annagh West; the Rev. W. M'AULEY, Annagh East; the Very Rev. P. O'CONNELL, President of Kilmore Academy; Rev. P. MAGINNESS, Rev. B. FINNIGAN, Rev. T. BRADY, Adm. Castletarra; the Rev. T. MURRAY, P.P., Drumreilly; the Rev. P. SMYTH, P.P., Kilsherderry; the Rev. H. CASSIDY, P.P., Knocknimy; the Rev. J. MATTHEWS, Stradone; the Rev. T. MULVANY, Adm.; the Rev. C. M. M'SHERRY, C.C.; the Rev. J. M'ENROE, C.C.; the Rev. J. BRADY, C. C.; the Rev. M. O'REILLY, the Rev. T. CORCORAN, C.C.; the Rev. John GAFFNEY, C.C.; the Rev. N. FITZSIMONS, C.C., the Rev. F. M'CABE, C.C.; the Rev. J. SMITH, C.C.; the Rev. John O'CONNOR, &c.
FIRE--On Tuesday last, a fire broke out on the premises of Hugh SMITH, Ballinagh, which at one time threatened to do considerable damage. The fire was occasioned by the over-heating of a metal pipe which ascended through the thatched roof of an out-house by which the roof beams ignited and the house was burned to the ground. The conflagration would have spread to some hay and turf stacks in the vicinity of the fire, were it not for the prompt and efficient services rendered by the Constabulary force, and to whose exertions may be attributed the speedy extinguishing of the fire.
FRIGHTFUL ACCIDENT NEAR CLONES--On Monday last a very disastrous and terrible incident occurred convenient to the above town. A thunderclap struck the chimney of the house of a man named SHIELDS, in the townland of Cornocrieve, and dashed it to the ground, the family at the time being assembled in the kitchen. Mrs. SHIELDS was struck down with power of limb or speech, and was badly injured from the calf of the leg to her shoulders, and between the shoulders the flesh was torn and left in a raw and ragged state. Her two daughters were injured severely--one in the thigh and the other in the instep of the foot. SHIELDS himself was struck on the forehead, and in one of his ears a hole was perforated. Two children were seated at a window. The glass was driven up about a perch from the house, but happily the children were uninjured. A child in a cradle was thrown out on the kitchen floor without suffering much injury; a girl 11 years old was killed, the clothes on her body being left in a indescribable state; the face alone retained its natural appearance. The coverings on the several beds were torn into rags. A nasty, sooty sulphuric smell is still felt about the whole concern.
CAVAN PETTY SESSIONS--MONDAY
Before Theophilus Thompson, J.P., Chairman, and Wm. Babington, J.P., Esqrs.
_________ NAPIER, Esq, S.I.P., occupied a seat on the bench.
DANGEROUS ASSAULT
John M'CABE summoned Patrick FARRELL and Thomas SMITH for a violent assault. The complainant had only that day came out of the County Infirmary, where he had been since the occurrence and appeared in a weakly state.
John M'CABE sworn--Was coming from the market of Belturbet, and when passing the Common was attacked by the defendants; SMITH thought to knock him down; Andy SMITH and his sister came up and took him away; when near his own cart witness was again attacked by SMITH who knocked him down with a loaded whip, and while down FARRELL fell to kicking him; shouted murder and robbery, and was taken away insensible off the road; had 17s 4d in his pocket which was taken, and his clothes were all torn.
FARRELL--We were all drunk, your worships; and M'CABE first threw a stone.
Andy SMITH proved that when coming out of Belturbet he saw a crowd of persons standing at the Common who appeared to be wrangling; saw SMITH get a hold of M'CABE, but the latter tossed him; witness got his arms around M'CABE to put him on his car, but he went back in opposition to him; next saw FARRELL and SMITH beating M'CABE; when M'CABE's brother came up he struck witness with a whip which he took from him.
To Mr. Thompson--Can't tell who struck first; the parties were arguing for some minutes before witness came up; they all seemed anxious for fight, and one was as bad as the other.
M'CABE's brother said he was driving his cart along the road when he heard shouts of murder and returned back; saw FARRELL across his brother on the ground and SMITH kicking him; made a blow of the whip when Andy SMITH took it from him; Andy SMITH held him while the defendants beat his brother; shouted to Andy SMITH not to do so or his brother would be killed; Ann SMITH cried out not to kill his brother.
Andy SMITH to the Court--Swears he did not hold the last witness while his brother was beating; witness took the whip from him when he struck himself with it.
Ann SMITH proved that she saw people surging at the Common; when M'CABE reached her cart he was after being beaten; saw him stoop for a stone but begged of him not to fling it as he might hit some one and it would cause more fighting; did not see the assault, and did all she could to keep M'CABE quiet.
Constable M'ILWAINE said that when the parties came to the police barrack he did not think M'CABE was so seriously injured and as the parties knew each other he detained none of them; went out in disguise and followed the cart for some distance on which the defendants were; they drove away, and he saw nothing of the assault.
FARRELL and SMITH had a cross case against M'CABE which was then gone into...
Mr. Thompson--It is quite clear a most grievous assault was committed on the complainant. The man was evidently waylaid; and were it not that he appears in some manner to have brought the second beating on himself by going back, the Court would either send the case for trial or commit the defendants to gaol for two months. The Court sentenced SMITH and FARRELL to a fine of 10s and 10s costs each, or one month's imprisonment, the fine and part of the costs to go to M'CABE, and dismissed the cross-case.
A FAMILY QUARREL
John M'GUIRK summoned his wife, Catherine M'GUIRK, and her two nieces, Catherine DELANEY and Jane YEATES for an assault. The two latter summoned M'QUIRK (sic) for a similar offence.
M'GUIRK applied for a postponement of the case to allow him to get an attorney, as he understood the defendants were prepared to swear his life away.
Mr. Babington observed that the case had been postponed on last Court day in consequence of the summons not being served in time.
Catherine DELANEY said she resided 70 miles from Cavan, and that it would be impossible for her to attend next Court day.
The Court ordered the case to be proceeded with
John M'GUIRK proved that on the occasion of Catherine DELANEY and Jane YEATES coming to his house he was assaulted by his wife; witness said to his wife that she had no right to bring her nieces to reside there against his wishes, when she squared a tongs over his head; witness told his wife that her nieces might come in and out, but should not reside in the house which he considered his property; when trying to put the nieces out of the house his wife beat him on the back of the head with her hand and struck him with stones; Catherine DELANEY and Jane YEATES beat him severely, and then all three thought to murder him; his wife thought she was dying, and said she would give possession of the place to her nieces who would put him out.
M'GUIRK produced two witnesses; but they said they knew nothing whatever about the assault in question; saw no strokes or stones used; the parties were in the habit of quarrelling.
Catherine DELANEY sworn--Heard her aunt was dying, and came a distance of 70 miles to see her; when she went to the house, in company with Jane YEATES, her sister, M'GUIRK came between her and her aunt and pushed her back, tore her clothes, kicked her on the legs, and hallooed a dog at her; told M'GUIRK she only wished to speak to her aunt, and would then go away; he also assaulted her sister and pushed and dragged her.-
Jane YEATES corroborated the evidence of Catherine DELANEY as to the assault....Catherine M'GUIRK, a feeble, sickly-looking woman, proved that her husband assaulted Catherine DELANEY; never struck him with stones, and only went between them to prevent them striking each other; her husband said he would not allow her nieces to see her; the day she expected her niece, Catherine, she got out of bed and dressed herself, but found the door locked, and her husband gone away with the key.
Mr. Thompson--I think every one who has heard this case will agree with the Court that the conduct of M'GUIRK was most outrageous. He acted a tyrant towards his sick wife, whom I know to be a most respectable woman--he locked her up, and deprived her of the consolation of seeing her friends. A relative of hers comes a distance of 70 or 80 miles to see her, and he choaks (sic) her, kicks at her, and sets a dog at her. He got the place by his wife, and his treatment of her was scandalous.
Catherine DELANEY--If he is not bound to the peace he will do some harm to his wife.
M'GUIRK--I'll be murdered between them.
The Court fined M'GUIRK 10s and costs for the assault; and bound him to the peace in two sureties of £10.
A DISPUTED CLAIM
Samuel SMITH summoned Mr. VEITCH, steward to the Bishop of Kilmore, for compensation for a chest and some harness which he had purchased at the late auction, and which he had not obtained.
SMITH deposed that he attended the auction at Kilmore, and bought some articles there, amongst which was some harness and a chest; went next day with the auctioneer's order to get the things when he was told they were sold; told the circumstance to Captain ERSKINE, who recommended him to write to the Lord Primate on the subject; the defendant admitted having sold the articles which he claimed, and refused to compensate him for them.
Mr. VEITCH said he was authorised to sell whatever property was left unsold by the auctioneer; and sold £300 worth the day after the auction; the complainant purchased a boiler for £1 1s at the auction, on which he got an abatement of 15d; the articles claimed were not put up for sale; SMITH got the order from the clerk after he had got the abatement from the auctioneer; to avoid annoyance witness offered complainant 2s 6d for the harness, and to give him the box.
The Clerk of Petty Sessions observed that the magistrates had no jurisdiction in the case; it was a matter for civil action.
The Court considered Mr. VEITCH had acted very properly, and that SMITH had no cause of complaint after getting an abatement of 15s.
The summons was nilled.
After disposing of a few unimportant cases, the Court rose.
County Cavan Newspaper Transcription Project
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