Cavan Observer
Published in Cavan, county Cavan
January 3, 1863
A WEEKLY INTELLIGENCER FOR THE NORTH AND WEST OF IRELAND
IN THE LANDED ESTATES COURTS, IRELAND
COUNTIES OF FERMANAGH AND CAVANIn the Matter of the Estate of
Sir JOSIAH WILLIAM HORT, Baronet, and Colonel JOHN JOSIA HORT,
Owners and Petitioners.
TO BE SOLD by order of the Judge of the Landed Estates Court, on an early day to be hereafter named, the following fee-simple lands and premises:--
The lands of Brockagh, Corraglass, Cornagully, Drumlaghy, Killypurt, Inniskeen Island in Lough M'Nean, and Rahollon, Bohenveny, Drumderrige, and the Tannaghs, all in the barony of Glenawly, in the County of Fermanagh, and Tenements and Premises in and adjoining the Town of Enniskillen, in the Barony of Tyrkennedy, in the same County, and the lands of Lowery, in the Barony of Lur(?), same County.
Houses and Premises in the Town of Belturbet, the lands of Bunumary, Corloggy, Kerryerry, Derrycarh, Derryarmish, Edenterriff, Faherlagh, Grilly, Lough Dooly, Port Ruin, and Shangorry, in the Barony of Lower Loughtee, and County of Cavan, the lands of Druminskiln, Derryhoo, and Tunker, in the Barony of Tullygarvey, andsame County.
ROBERT KEYS, Solicitor,
for said Owners and Peti-
tioners, having carriage of
the proceedings, 24, North
Earl-street, Dublin.
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....
AT CAVAN
WEDNESDAY, the 7th day of January, 1863, immediately after the Grand Jury shall have been sworn:--
No. NAME RESIDENCE PARISH BARONY 1. BROWNLOW, Thomas 13, Main-street, Cavan Urney Upper Loughtee 2. DOWLER, John ARMSTRONG Main-street, Ballyconnell Tomregan Tullyhaw 3. HAUGHTON, Joseph 24, Main-street, Cavan Urney Upper Loughtee 4. MULLIGAN, Edward Butlersbridge Castleterra Upper Loughtee 5. ROBINSON, Henry Mountnugent
GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan,
Cavan, 18th December, 1862
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....
AT BAILIEBOROUGH
MONDAY, the 12th day of January, 1863, immediately after the Grand Jury shall have been sworn:--
NO. NAME RESIDENCE PARISH BARONY 1. CLARKE, Michael Shercock Shercock Clonkee 2. PLATT, Susan Bridge-Street, Cootehill Drumgoon Tullygarvey GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan,
Cavan, 23rd December, 1862
CAVAN PETTY SESSIONS
MONDAY, DEC. 29
(Before W. BABINGTON, Esq., J.P.)Sub Inspector NAPIER occupied a seat on the Bench
CHARGE OF WAYLAYING
Philip LEDDY charged two young men, named James GREY and Henry HOGG, with waylaying and assaulting him on the evening of the 23rd last.
The prosecutor deposed that on the evening in question he was returning from the market of Cavan when he met the prisoners at the Church gate; they had sticks behind their backs; GREY asked him for a light for the pipe which he gave him; he said it was a dirty smoke and struck him a blow of the stick he had in his hand; HOGG also hit him with a stick; he was knocked down and kicked by the prisoners.
Cross-examined by Mr. ARMSTRONG--Drank nothing on that day but one "dandy" of punch; it was about four o'clock in the evening when the assault took place...swears positively that the prisoners had sticks and that both of them struck him; believes them to be decent boys of good character; did not first challenge them...never struck a blow until his hat was knocked off.
Mr. Armstrong--I feel constrained to ask your worship to adjourn the case to enable a cross-summons to be issued. His clients were young men of excellent character...on the hearing of the cross summons the Court would be place in possession of all the facts connected with the occurrence.
Mr. Babington--Cross-summonses in such cases often lead to perjury. I would prefer hearing the case as it stands....
Mr. Armstrong--We do not deny having struck him, but it was he who gave the first blow and commenced the quarrel.
Head Constable MOORE stated that when the prosecutor came to the police barrack he said the prisoners attempted to rob him of his bundle; but he considered it they intended to rob him they could have effected it. The most thing the prosecutor complained of was a kick in the leg.....
William MOORE gave GREY an excellent character....A sergeant of the Cavan Militia gave HOGG a good character.....Mr. Babington said, in consideration of the good character of the prisoners, he would merely impose a small fine of 2s. 6d. each, and bind them to keep the peace towards the prosecutor for 12 months.
LARCENY OF A PAIR OF BOOTS
Thomas M'KENNA charged Rose SMITH with stealing a pair of boots from his house belonging to his son's wife.
The prosecutor deposed that the prisoner was hired in his service for six months; she remained but one day, and when she went away next morning the boots were missing. It appeared that the prisoner had evaded the vigilance of the police since the larceny was committed, and had only given herself into custody on the previous day. The missing property had not been discovered
Mr. Babington--As the property cannot be had for identification, the charge of larceny cannot be maintained; but the prisoner can be punished for absconding from her service.
The charge of absconding from her service was then gone into, and having been proved, the prisoner was sentenced to a fine of £1, or a month's imprisonment.
The other cases on the book were settled, and the Court rose.
DEATH OF PATRICK SOMERS, ESQ., M.P.--Patrick SOMERS, Esq., for many years M.P. for Sligo, died at his residence, No. 1, Flood's Buildings, North Strand, Dublin, on Tuesday last, aged 26.
The Lord Chancellor has appointed J. O'HAGAN, Esq., to act as deputy chair for the Hillary Session in the county Donegal.
ARREST FOR THE MURDER OF THE LATE ALDERMAN SHEEHY--We have just been informed that two men of the name of MINNOGUE, one of whom has been recently in America, from which he has been brought back by the government, have been arrested, charged with the murder of the late Alderman SHEEHY, and lodged in the county gaol, Ennis. The second of the Minnogues was arrested at his residence, in the parish of Feakle, county of Clare, within the last few days. These men were before arrested on the same charge, and were in Ennis gaol, but were before discharged, no evidence being adduced against them. The murder of Alderman SHEEHY took place two years ago last October, in the parish of Feakle, County Clare.--"Limerick Reporter."
January 10, 1863
CHURCH
APPOINTMENTS--Diocese of Cashel, &c.--Rev Robert H. FALKNER, to the rural deanery, district of Cashel: patron, the Bishop. Diocese of Clonfert--Rev. Henry ASHE, to Lickmolassy, Portumna: patron, Rev. A. B. EYRE. Diocese of Down and Connor--Rev. Benjamin Franklin BEWLEY, to Rathlin, diocese of Connor: patron, the Bishop. Diocese of Dublin--Rev. Henry CARLETON, to Kilberry: patron, the Dean of St. Patrick's. Diocese of Meath--Rev. Charles T. BAYLY, to the union of Trim; patron, the Bishop. Rev. Richard CARTER, to the vicarage of Kilcleagh, Moate; patron, the Bishop. Rev. James R. BRISCOE, to St. Mary's, Drogheda; patron, the Bishop. Diocese of Ossory--Rev. William PENNEFATHER, A.M., to the union of Callan; patron, the Marquis of Ormonde. Diocese of Raphoe--Rev. John Gage BALL, to Killybegs; patron the Bishop. Rev. Richard SMITH, to Killea; patron, the Bishop.
RESIGNATIONS--Diocese of Cashel, &c.--Rev. William R. SANDES, rural deanery, district of Cashel; patron, the Bishop. Diocese of Down and Connor--Rev. J. FLOOD, Holywood, diocese of Down; patron, Cecil HOLMES, Esq. Diocese of Meath--Rev. J. G. HOPKINS, the curacy of Athboy; patron, the Rector. Diocese of Raphoe--Rev. John Gage BALL, Killibegs; patron, the Bishop. Rev. Richard SMITH, the curacy of Conwall; patron the Rector.
CAVAN QUARTER SESSIONS
The Quarter Sessions for this division of the county commenced here on Wednesday before Jashua CLARKE, Esq., Q.C.
Magistrates present--Hon. R. MAXWELL, Capt. ERSKINE, J.P.; Theophilus THOMPSON, J.P.' David FINLEY, J.P.' Captain PHILLIPS, J.P.; N. MONTGOMERY, J.P.; Captain CARDEN, J.P.; W. BABINGTON, J.P..; W. M. HICKSON, R.M.; C. DE GERNON, R.M.; J. G. TATLOW, J.P.; R. J. CUMING, J.P.
Ralph HARMAN, Esq., Sub-Sheriff, was in attendance.
The following persons were empannelled as a grand jury:--Thomas HARTLEY, foreman; Edw. KENNEDY, Matthew LOUGH, William M. BLACK, John WARREN, James KILROY, Alex. KETTYLE, James MORROW, H. DOUGLAS, F. E. HUDDLESON, Philip SMITH, T. W. SIXSMITH, John GANNON, John PRUNTY, Hugh PORTER, James HARTLEY, Edward FEGAN, John MURPHY, John DAVIS, Peter M'CANN, John MOORE, John DOHERTY, James BLACK, Esqrs.
Mr. CLARKE expressed his regret at the circumstances which brought him amongst them--namely, the death of their late respected Chairman, Mr. MURPHY.....
The Grand Jury then retired to consider the bills, and the Court proceeded with the hearing of applications for spirit licenses of which there were five, all of which were granted.
WITHDRAWN PROSECUTIONS
Mr. B. ARMSTRONG, Sessional Crown Solicitor, said that in the case of three persons, named LEARY, SHERIDAN, and M'CORMICK, who were charged with going in procession, dressed in straw, it appeared to him, after inquiring into the case, that it bore more the character of a frolic than an illegal act. He understood it was the custom in that part of the country for young persons to attend weddings, disguised in straw, and as there was no party procession business connected with it, he thought the ends of justice would be satisfied by the Court giving the parties a caution....
COW STEALING
James WILSON was arraigned on charge of stealing a cow, at Cronacor, the property of Robert PARKS.
Mr. B. Armstrong stated the case on the part of the Crown.
James BEATTY examined--Resides in this county, and was at the fair of Cootehill on the 23rd November; saw the prisoner there, and purchased a cow from him; the cow was put into Mr. MARKEY's yard at Cootehill, and there identified by PARKS as his property; the cow that PARKS identified in MARKEY's yard was the one witness bought from the prisoner.
Cross-examined by Mr. John Armstrong--Asked the name of the prisoner when buying the cow, which he told me without hesitation; gave £6 15s 9d for the cow......
James FAWCETT was the first witness called for the defence. He deposed that the prisoner was his nephew, and was in the habit of dealing largely in cattle; commissioned the prisoner to buy a cow for his son, which he did at the fair of Cootehill; witness was not at the fair of Cootehill, but his son brought home a cow from that fair, which the prisoner had bought for him...To the Crown Solicitor--His son is twenty-two years of age and lives in the house with him; sold a heifer to the prisoner the day before the fair of Clones.....
Mr. Hugh BRADY, of Butlersbridge, deposed that he knew the prisoner for twelve years, and always considered him a man of excellent character; the prisoner was a dealer in cattle....
Mr. John DENNEHY and Mr. John MOORE also testified to the prisoner's good character.....
Mr. J. Armstrong replied on behalf of the Crown after which the chairman charged the jury, going through the evidence in a concise and lucid manner.
The jury retired, and after a few minutes deliberation returned a verdict of "Guilty."
Mr. B. Armstrong said a sum of £2 5s had been found on the prisoner, and the Crown had no objection that that sum be handed to BEATTY. It was ordered that the cow be restored to PARKS, and the money in the hands of the police given to BEATTY.
STEALING COWS
Mary SMITH was indicted for stealing two cows the property of John SMITH, her father. The prisoner pleaded Guilty, but there was a person named KING implicated in the charge, who had not as yet been arrested, and as the prosecutor did not wish to press the case, the Crown Solicitor was satisfied to allow the prisoner to be discharged on her own recognizances. She was accordingly discharged.
Michael KING and John GILLIGAN were indicted for stealing a cow the property of John M'CAFFREY.
Mr. B. Armstrong, Crown Solicitor, stated the case on behalf of the crown. Mr. John Armstrong defended the prisoners.
Sub Constable Philip CANTWELL sworn and examined by the Crown Solicitor--Am station at Ballinamore, county Leitrim; was on duty on the 22nd Dec., in the town of Ballinamore; met the prosecutor who told him he had lost a cow; saw the prisoners next morning driving a cow within about 50 yards of the town; one of them (GILLIGAN) resides in Ballinamore; arrested the prisoners and gave them the usual caution; the cow was identified by the prosecutor and given up to him.
Cross-examined by Mr. John Armstrong--Knew GILLIGAN to be a butcher living in the town; it might have been an hour after the prosecutor told him of his loss that he arrested the prisoner; the prosecutor did not charge his son with stealing the cow; GILLIGAN was going to the barrack and said he was not the person who stole the cow.
John QUINN proved that he was in company with the last witness when the prisoners were arrested; can't say if both prisoners were driving the cow at the time. To Mr. Armstrong--Am son-in-law of the prosecutor; heard that prosecutor's son intended to get married, and it was suspected that he would steal a cow to pay the marriage money; cannot say of his own knowledge that the son stole the cow.
John M'CAFFREY sworn--Lives in Kilcullen, which is within 5 miles of Ballinamore;...His son Owen was from him a portion of the day on which the cow was stolen; witness was at the fair of Swalinbar on that day; heard a report of his son going to take a wife; was against his marrying, but does not recollect saying to his wife that "Owen would take a cow to come by the marriage money"; after the cow was stolen some persons said it was Owen who took her.
Owen M'CAFFREY sworn--Is the son of the last witness; took the cow, and arranged with GILLIGAN to kill her; left the cow at Drumloon for Gilligan; it was a mile and a half from his father's; Gilligan was to get a day's hire for killing the cow; Gilligan knew the cow was stolen. To Mr. Armstrong--Did find fault with his father for preventing him to get married; did not speak about marriage to the prisoners.
Crow Solicitor--There is no evidence against the prisoner KING; but if the jury were satisfied that Gilligan was aware of the cow being stolen, they should find him guilty on the second count of the indictment.
The Chairman recapitulated the evidence, and observed that it might not be safe to convict on the evidence of an approver.
The prisoners were acquitted.
STEALING OATS
John ROGERS and John WEIR were indicted for having on the 2nd of April, stole a bag of oats, at Killeshandra, the property of John GRAHAM.
Mr. John Armstrong defended the prisoners.
The Crown after the examinations of the prosecutor, finding that the principal witness had not sworn informations until eight months after the occurrence, deemed it advisable to abandon the prosecution, and the prisoners were acquitted.
GRIEVOUS ASSAULT
William MONTGOMERY was indicted for assaulting James TIERNEY, at Arvagh, so as to do him grievous bodily harm.
James TIERNEY sworn and examined by the Crown Solicitor--Lives a mile below Arvagh; was in the house of a person named COSTELLO, at Arvagh, on the 1st Nov.; the prisoner came into the room shouting for a TIERNEY; it was a blackthorn stick he struck me with, and has lost the sight of his eye from the blow.
To Mr. John Armstrong--Never had a quarrel with the prisoner; was at the fair on that day looking for a master to hire with; could not tell how much he drank; drank about a naggin of whiskey....
Ellen PINKMAN sworn and examined by the Crown Solicitor--Was in Costello's house at Arvagh on the 1st Nov.; did not hear the prisoner call for a Tierney; saw the prosecutor hit with a stick; put her arms around the person who hit him, and the owner of the house said his name was MONTGOMERY; it was the prisoner who gave the blow...
William PHILLIPS sworn and examined by the Crown Solicitor--Saw Tierney cut over the eye, but cannot say who struck him; saw Tierney knocked down and bleeding; can't say if the prisoner was in the room when Tierney was struck; will not swear one way nor the other.
Dr. Jacob SPROULE deposed to having seen the prosecutor on the night he got the blow; a blunt instrument would cause the injury; a stick would cause it; Tierney has permanently lost the sight of his eye.....
This closed the case for the Crown.
William LANG sworn and examined by Mr. Armstrong--Was in Costello's at Arvagh on the night of the 1st Nov.; saw JACKSON, CAMPBELL, and YOUNG there; TIERNEY came into the room and said something, but could not tell what it was; Tierney rushed over to strike the prisoner, when witness went between them; there were no blows given; the prisoner could not give a blow without witness seeing it; heard the witness PINKMAN charge himself with striking Tierney that blow......
John CAMPBELL sworn and examined by Mr. Armstrong--Was in Costello's Arvagh on the 1st Nov.; saw Tierney take hold of the prisoner by the breast when LANG went between them; they all stood up and the room filled with people; did not see Tierney get a blow, but heard him fall; it would be impossible for the prisoner to give the blow without witness seeing it.....
William YOUNG sworn and examined.......
Andrew JACKSON sworn and examined.....
This closed the evidence on both sides, and the Chairman charged the jury at much length, who retired to consider their verdict. At the rising of the Court it was announced that there was no likelihood of their agreeing, and the Chairman ordered them to again retire, and Constables were sworn to prevent any communications with them. About ten o'clock, finding the jury could not come to a verdict, the Chairman discharged them.
The case was returned to the Assizes, and the prisoner admitted to bail.
This case closed the criminal business.
EJECTMENTS
After hearing a few undefended civil bills, the Court proceeded with the trial of ejectments. There were four undefended cases at the suit of the Right Hon. Lord Farnham, in which decrees for possession were granted, the parties owing over three half-year's rent.
The Right Hon. H. G. HUGHES had two cases in which three half-years' was proved to be due and decrees for possession granted.
The Right Hon. Lord Farnham occupied a seat on the Bench during the hearing of the case.
Mr. James Armstrong stated the case for the plaintiff. There was a lease of the property is question made to John MAGUIRE, who conveyed it to Daniel CLINTON, from whom it reverted to the defendant. The lease was made in 1805 to John MAGUIRE, for his life and that of his two sons. A notice had been served on Lord Farnham to produce the lease, and his Lordship was in attendance to do so. The house was lately in the possession of Mr. James HARTLEY, against whom a decree of possession was obtained by Miss CLINTON, as the representative Daniel Clinton.....
Mr. M'GUARAN, who appeared for the defendant, said he required proof of the service of the ejectment. Mr. Robert SIMONS proved that on the 23rd Nov. (illegible) Kildare, at the residence of her brother-in-law, Mr. PLUNKETT, with whom she was residing at the time.
To Mr. M'Gauran--Knows the premises for which the ejectment was served--the premises were lately in the possession of James HARTLEY--Can swear that he abandoned the premises before that date; cannot say if HARTLEY gave up the possession to Miss CLINTON; he might have legal possession of the premises although not living there; does not know if Mr. Hartley had the key to the premises at the time the ejectment was served. To the Court--Hartley had left the house before the ejectment was served on Miss Clinton.....
Mr. Armstrong considered that Hartley's possession ceased the moment the decree was granted against him; he got liberty from the judge to remain to clear out his property, and as soon as he had done so he left the premises.
The Chairman said Hartley had become a trespasser from the moment the decree was granted against him, and he could not be held as being in possession.
The lease given by the then Lord Farnham in 1805 to John MAGUIRE was produced, which stated it to be for his life and that of his two sons, who were then aged respectively four and six years.
Mr. Armstrong--I can give evidence of the death of John MAGUIRE, the lessee, and can show that his two sons, the other persons mentioned in the case has been out of the country over seven years. The statute bearing on the matter clearly states that if it can be shown that the parties have been out of the country beyond seven years, the law takes it as a sufficient proof of their nonexistence....
Mr. M'Gauran required proof of the notice to quite. Mr. Robert SIMONS proved the service of the notice to quit on Miss Clinton; served her at Cherryfield where she was then residing with her brother-in-law, Mr. Plunkett...The Hon. R. MAXWELL proved that he knew the premises, and that rent had been paid by Miss Clinton.
To Mr. M'Gauran--Rent was paid by Hartley in whose name receipt were given; has no recollection of hearing from Hartley about a letter from Australia, in which reference was made to the names in the lease; Hartly has been promised the premises by Lord Farnham.
Mr. M'Gauran--In fact these proceedings have been taken at the instigation of Hartley, with view of his getting the premises.
Michael KENNY examined by Mr. Armstrong--Knows the premises lately held by Mr. Hartley....
Margaret Maguire, the widow of John Maguire, a very old woman, was next produced who deposed that her husband, John Maguire, held the lease of a house in Cavan from Lord Farnham....
Mr. James HARTLEY sworn--Has a brother in Australia; his name is Robert Hartley; he is living in South Adelaide; was served with notice to produce any letters in which the names of the persons in the lease were mentioned; never had a letter from any person in which anything was stated about the persons in the lease; neither had his father, nor Mr. LOUGH, or any of his family received any letters on the subject...
Mr. Armstrong--I am authorized by Lord Farnham to say, that if he entertained the slightest idea that the parties in the lease were in existence, the proceedings would at once be given up, but every inquiry had been made, and it has been satisfactorily ascertained that they are dead.
It was ultimately arranged by the Court that the case should stand till next quarter sessions and if evidence was not then produced, that the parties in the lease were alive, a decree of possession to issue...
The undefended ejectments were then taken up.
Anthony O'REILLY, Esq., Baltrasna, had three ejectments.
Mr. Samuel JERRARD, the agent, proved to three half year's rent being due. Decree of possession given.
Alexander NESBITT had two ejectments.
J. G. TATLOW, Esq., the agent, proved three half year's rent being due. Decree of possession given.
Sir Thomas FINLEY had four ejectments.
David FINLEY, Esq., agent, proved three half year's rent due. Decrees of possession granted.
The Hon. H. ANNESLEY, M.P., had four ejectments, and the Earl of ANNESLEY eight.
W. A. MOORE, Esq., the agent, proved the amount due. In some of the cases there were seven half year's rent due. Decrees of possession given.
James FAY, Esq., Cavan, had five ejectments, in which decrees of possession were granted.
Edward SAUNDERSON, Esq., Castlesaunderson, had four ejectments. Mr. John M'CABE proved three half year's rent due, when decrees were granted.
In almost all the cases decrees of possession were given.
VAN PETTY SESSIONS
Monday, January 5
Before Theophilus THOMPSON, J.P., N. MONTGOMERY, J.P., W. BABINGTON, J.P.
Joseph SCARLETT and Robert WEST were summoned at the suit of the Right Hon. Lord Farnham, for that they on the 26th December, 1862, at Drumheen, did trespass in and upon the plantation of complainant, and was then and there in pursuit of game, and accompanied with dogs and guns, contrary to the statute.
Lord Farnham's woodranger proved to having found the defendant in his Lordship's plantation; Scarlett, admitted he was shooting, and said he considered it no harm as the whole country were out with guns that day. Scarlett did not deny the charge against him and said in his defence that he was doing no more than keeping a "Protestant Jubilee," which was the custom on the day in question, and others on the estate did the same.
Mr. Thompson--There can be no possible excuse for persons like the defendants acting as they have done. They must have been aware that they were doing an illegal and improper act, and it was no excuse for them to say that the whole of the county were acting similarly on that day.
Mr. Babington--The object of Lord Farnham is to put a stop to a practice which is highly reprehensible. His Lordship is not anxious that a heavy penalty should be imposed, and brings the case forward that it may act as a warning to others.......
The Gamekeeper said that Scarlett told him that he would sell his farm if not allowed to shoot on it; conveyed that message to his Lordship, who sent him word that he would allow him to sell the farm but not to shoot on it...
The parties were fined 10s. each and cost.
After a few trivial cases the Court rose.
DARING OUTRAGE IN THE COUNTY OF MEATH.--On Friday evening last, about seven o'clock, a blunderbus, loaded with twelve slugs, was discharged through the window of the dining parlour of Tottenham ALLEY, Esq., who was then supposed to be at dinner. The table lamp was broken to pieces, and a valuable oil painting was perforated with several balls. Mr. Alley and his family had left the room but a moment previously. The cause of the outrage is, as usual, land. It appears that the Earl of Darnley, who is the owner of a large tract in this country, was this year to raise his rents. His tenantcy are for the most part independent gentlemen and Protestants. One of the tenants, Mr. HOPKINS, held a large grazing farm, upon which his family have been located for generations--I believe since the forfeiture of the PLUNKETTs, of Rathmore, the former owners, Mr. Hopkins, having declined to pay the advanced rent, received a notice to quit, and give up the land. Mr. Alley, also a Protestant gentleman, took it, and it is reported that the landlord insisted upon his putting out three cottier tenants. After getting possession Mr. Alley received a threatening notice, which he sent to the next police station, and the police were ordered to patrol about the house from eight o'clock each evening. The parties probably had notice of this, for the outrage was committed about seven o'clock, p.m. As yet I have not heard that any one has been apprehended.--"Evening Post Correspondent."
LONGEVITY IN ARMAGH--On 1st January, Cornelius HACKETT, aged 108 years, died in the city of Armagh, possessed of all his faculties. Corny was (illegible) the property of Lord Charlemont, in the county of Tyrone, and when the French landed at Carrickfergus in 1760, he accompanied his father (being then six years of age) to the scene of action. This proves his birth to be in 1754, and his age 108 years. Deceased was a sawyer by trade, and even within a few months of his death, he was able to move about the street and use the spade or rake. John HILL was considered to be the oldest man in England, and died last year in his 104th year.
DEATH OF MRS. COOPER--It is with feelings of more than ordinary regret we record the demise of Sarah Frances, the beloved wife of Edward Joshua COOPER, Esq., of Markree Castle, in this county, the eldest daughter of the late Owen WYNNE, Esq., Haslewood, which melancholy event took place on Monday, the 29th ultimo, at Halsewood (sic), the seat of her brother, the Right Hon. John WYNNE. Mrs. Cooper had been for some time past in a delicate state of health, but we believe her departure from amongst us was not so rapidly expected. Mrs. Cooper's loss will be deplored by the poor in her neighbourhood, as she at all times pitied their sufferings, and administered most kindly to their wants with no unsparing hand. In her the orphan found a second parent, and the widow a friend and adviser, who could soothe the spirit broken by the trials of this world by those sweet consolations which a gifted mind can ever draw from the Book of Life.--"Sligo Journal."
Mr. and Mrs. Charles KEAN will appear in Belfast next week.
January 17, 1863
MYSTERIOUS DEATH OF A YOUNG LADY
It is our painful duty to record the untimely death of Miss Amelia S. E. CARY, a young lady of great personal attractions, recently an inhabitant of Ballymena, and of must respectable family connections, who died at Gracehill, near this town, on the 2nd inst., after an illness of fourteen days, aged eighteen years. Rumours of a shocking character were freely circulated in the interim between her death and the interment of her remains this week. In consequence of information officially communicated to John JELLETT, Esq., coroner for this district of the county, her body was exhumed, exhibited before a respectable jury, and subjected to a medical post mortem examination, at Gracehill, on Wednesday last. At ten o'clock on the morning of Thursday the jury was empannelled before the coroner, in the Courthouse at Ballymena; and a woman named Mary Ann M'ATAMNEY, a domestic servant in the employment of Dr. COURTENAY, medical officer of the Galgorm Dispensary, was brought before the Court in custody of the police. The prisoner said she had nothing to say, except that, before God, she was not guilty of the crime of which she had been accused.
Mr. James SMYTH proved that the body exhumed on Wednesday, and viewed by the jury, was that of Miss Amelia F. S. (sic) CARY.
The following witnesses were then examined:
Dr. Arthur ROSS, sworn--I am surgeon and M.D., and I reside at Ballymena. I was present and assisted at a post mortem examination of the deceased's body yesterday. I did not observe any external marks upon her person sufficient to account for her death. Her head had been shaved, and marks of cupping had been apparent over the stomach. On opening the body, all the vital organs, except the stomach, appeared to be in a healthy state. It was discoloured, and evidently in a state of mortification, the result of previous inflammation. I had never before seen a stomach presenting such appearances. I have never seen the stomach of a person who had died from the administration of irritant poison. I believe the condition of the deceased's stomach would justify an analysis, with a view to ascertain the cause of her death. I think that such an analysis is necessary. I have carefully preserved the stomach and some portions of the viscera, in order that such an analysis may be made. I am of opinion that inflammation of the stomach, terminating in mortification, was the cause of her death.
Dr. BLACK examined-I am a surgeon. I reside in Ballymena, and, in conjunction with Dr. ROSS, I made a post mortem examination of Miss Cray's body yesterday. I did not perceive any external injury sufficient to occasion death.
After some discussion between the coroner and the jury, the following question was put to the witness:--
Did you observe any marks of unfair treatment upon the body of the deceased?--Yes.
Coroner--That answer is beside the question at issue, and has introduced a matter which has no relation to the immediate cause of death.
A Juror (Mr. SMYTH)--It is precisely the answer which the jury desire to elicit. The one event may have led to, and been directly connected with, the other.
The Coroner--Well, then, I will ask a question with the view to the entire satisfaction of the jury. Was the deceased pregnant?
Witness--No; she was not pregnant, nor had she ever been in such a state.
Mrs. Sarah Ann CARY, the mother of the deceased, was then introduced by William ROE, Esq., and examined by the Coroner. She said--I reside at Gracehill. The deceased was my daughter, and she died on Friday last. She was ill for about a fortnight before her death. When she first became ill, Dr. COURTENAY attended her, and she was subsequently visited by Dr. KIDD. Dr. COURTNEY gave her some medicine. He said that judging from the state of her tongue, and from a burning sensation about the stomach, of which the deceased complained, it appeared as if poison had been administered to her.....I did not see any medicine given to her by the prisoner, Mary Ann M'ATAMNEY, nor did I see her in the house at any time later than Christmas Day last. When my daughter first became unwell, the prisoner brought her some medicine from Dr. COURTENAY--a white powder in paper, and a bottle containing some colorless fluid.....She did not complain of any bad effects from these medicines. I had often, before that day, used apparently similar medicines both for myself and family;....
A Jury (Mr. SMITH)--Did your daughter express any dislike to Dr. Courtenay, or to his attendance.
Witness--She did; but when she did so I thought that her mind was astray. The prisoner had no access to my daughter after Christmas Day.
Mrs. Leonora SMITH examined--I live in Ballymena, and I am an elder sister of the deceased. She took ill about a fortnight before her death. I saw her soon afterwards, and I remained with her constantly from Christmas-eve. She complained of heaviness in her head, and a burning sensation about the chest and stomach. She told me she had got medicine that had done her no good. She said that the medicine had been sent by Dr. Courtenay, and brought by the prisoner. My sister was not delirious. She was perfectly sensible of everything she said and did till the day of her death. She told me that she had been subject to outrage--that she had been injured by a certain party. She said that Dr. Courtenay had injured her.
The Coroner--You need not recite the injuries which she described, unless they were of a nature to occasion her death.
Witness--She did not describe the time or place at which he inflicted the injuries of which she complained. She did not describe the exact nature of the injuries. She appeared reluctant to do so, but begged me for God's sake to bring two doctors, and they would see all about it. She expressed a furious objection against see Dr. Courtenay--a perfect abhorrence of him. I believe she was quite sane at the time......In order to keep her quiet, I was obliged to tell her that both Dr. Courtenay and her servant (the prisoner) had gone off to America. I am certain that Dr. Courtenay did not see her from the Sunday till the Wednesday preceding her death, on which day he was reintroduced to her apartment by Dr. KIDD. On the day after that I saw Dr. Courtenay giving her a teaspoonful liquid medicine, and on the morning of that day she had repeated her complaints respecting him. Those usually attending my sister during her illness were my mother, myself, Mrs. and Miss WILSON, Mrs. SHEARER, and another sister of mine. My own servant, Ann GREEN, was there occasionally, and Mrs. and the Misses SMYTH were frequent visitors. My mother was generally there, but not always. She sometimes went to bed in another apartment. The deceased told me that, on the Monday and Tuesday before she became ill, she was in Dr. Courtenay's house, and that, before leaving it, she drank some milk which was given to her by the prisoner.
Miss Annie Sophia SMYTH examined--I called to see the deceased ruing the last week of her illness. On that occasion she begged for God's sake, that I and Miss SHAW would carry her into my father's house. She was labouring under a strong impression that something had been given to her......The expressed the greatest abhorrence of Dr. Courtenay........
Dr. KIDD examined--I was called upon to visit the deceased on the 30th of December; and, previous to seeing her, Mrs. CARY informed me that her daughter (the deceased) had been delirious. I did not observe any symptoms of delirium about her either on that day or subsequently, and I attended her three times. I had many conversations with the deceased. She made a communication to me in reference to her previous medical attendant, Dr. Courtenay. She expressed an objection to him. She asked, "Did they tell you," or "Have they told you all? Do you know what he wanted to do to me?" At that time I answered, "Oh, yes--they did," because, from what I had been previously told, I thought she was labouring under a delusion of the mind. After that time I had another conversation with her. I then understood what she meant, but I did not follow up the conversation. I believe she mean that he wanted to take improper liberties with her. One of the deceased's sisters was in the room at the same time, and interrupted her by remarking, "You promised not to say anything about that to Dr. Kidd." ....
Mary SHEARER examined--attended Miss Cary as a nurse on the two days preceding her death. I saw no symptom of insanity about her...I saw Dr. Courtenay give her laudanum in a spoon on the day before she died...
Ann GREEN examined--I saw the deceased, and had some conversation with her shortly before her death. In the course of that conversation she said, "Oh, Mary Ann (meaning the prisoner) has done it to me. She asked me was it true that Dr. Courtenay and his servant (the prisoner had gone to American, and, in order to pacify her, I made her believe that they were away.....
The Coroner here intimated to the jury that he would not examine any other witnesses on the present occasion. In compliance with a requisition then handed to him on their behalf, the stomach of the deceased would be sent to Doctor HODGOS for analysation, and hence the inquest must necessarily be adjourned......The inquest was then formally adjourned for a fortnight, and the prisoner was removed from court in custody of the police.--"Ballymena Observer."
RIBBON OUTRAGE--On the night of Wednesday, a respectable farmer named Peter GAHAN, residing at Killeenbrack, near Ballymore, was in his house, sitting at the fire with his wife.--GAHAN stooped to raise up something from the floor, when at the same instant, a shot was fired through the window, the bullet lodging in the wall a few inches only over poor GAHAN, who, had he been sitting in an upright position, would most assuredly have been shot dead. He had, it must be confessed, a most providential escape. The only case that can be assigned for this attempt a assassination is that Gahan, a year or two ago, took a small portion of a bog, which had been taken from others. E. B. WAOBURTON, Esq., the active resident magistrate of the district, has offered a reward of £20 for the detection of the would-be assassin, who is, it is to be regretted, still at large.--"Westmeath Guardian."
ROBBERY BY AN ARMED PARTY--Crime in this county is, we regret to say, increasing very fast, and the perpetrators of it are becoming more daring every day. On Thursday, the family of James GALLAGHER, herd to Mr. James CLAVIN, at Ardnurcher, near Horseleap, went to mass, leaving one little girl at home to look after the house. In about half an hour afterwards a strange man entered, and, after lighting his pipe, sat down and smoked for some minutes. He then left, and immediately after the little girl took a can and went to a stream a short distance off for water. On her return to the house she was greatly alarmed to perceive the same man standing in the doorway with a pistol in his hand, which he presented at her, desiring her to stand back. Some few minutes after himself and two others left the house and went off across the fields to Donore. The girl then entered and found her father's box broken open and a sum of £17 10s. carried away. Unluckily, the very efficient party of police at Horseleap did not hear of the robbery for some hours after, when all chance of overtaking the party was over.--"Ibid."
LOCAL NEWS
THE NEW HIGH SHERIFF OF CAVAN--Nathaniel MONTGOMERY, Esq., Cullies, has been appointed High Sheriff of this County for the coming year....
INQUEST--DEATH FROM INCAUTIOUS DRIVING.--On yesterday (Friday) an inquest was held in the County Infirmary, by (illegible), Esq., one of the Coroners of the County, on view of the body of Letitia SCARLETT, the widow of a respectable farmer residing at Drumgola, near this town. A respectable jury was empannelled, of which Mr. Edward MALLON was foreman, and Head-Constable MOORE conducted the proceedings on the part of the Crown. The deceased was knocked down by a car on the 6th inst., convenient to Ford Lodge, the residence of Theophilus THOMPSON, Esq., and died on Wednesday evening from the effects of the injuries then received. A young man, named Patrick SMITH, in the employment of Mr. FERRIS, of Ballyconnell, was arrested on the charge as the driver of the car, and was in custody of the inquiry. As the case will, in all likelihood, come before another tribunal, we refrain from giving the evidence in detail. Sub-Inspector NAPIER, who witnessed the occurrence, gave evidence to that effect, which was corroborated by a man, named John JONES, who assisted Mr. Napier to convey the deceased to the Infirmary. Dr. MEASE, the Surgeon of the Infirmary, deposed to having made a post-mortem examination of the body, assisted by Doctors MALCOLMSON and MATTHEWS, and that the death of deceased was caused from injuries inflicted on her by a car going over her. Two of the Belturbet Constabulary proved to having arrested the prisoner, and to his having admitted that the car he was driving knocked down the deceased. The jury, after a short deliberation, found the following verdict:--"We find that the deceased, Letitia SCARLETT, came by her death in consequence of the furious and inefficient driving of Patrick SMITH, and that the deceased was partly the cause in consequence of running across the road." The accused remains in gaol, and will be tried for the offence at the forthcoming Assizes.
CAVAN PETTY SESSIONS
Monday, January 12
(Before Theophilus Thompson, J.P. (Chairman), N. Montgomery, J.P; and W. Babington, J.P.)
Sub-Inspector NAPIER was present.
ASSAULT
Patt M'CANN summoned James JOHNSTON for an assault.
The complainant deposed that when going home from Cavan on the evening of the 7th instant, he was attacked by two men, one of whom beat him with a stick while the other held him; cannot say it was the prisoner struck him, but heard his name was JOHNSTON; would know the other person who struck him if he saw him; he was a strong able man, and believed his named was GILLAN.
Mr. Thompson--From whom did you hear the name of the persons who struck you?
The complainant said he heard Mr. MONTGOMERY's ploughman say it was Johnston who struck him. The person alluded to was sent for, and on being examined proved that he heard the row; heard some one say it was a man named Johnston who struck complainant; witness could not swear it was the accused; heard the name of Johnston mentioned by a girl named REILLY, of Latt.
The Court dismissed the case against Johnston, but directed Constable M'ILWINE to point out Gillan to the complainant, and if he could identify him to have the party summoned.
Johnston applied to the Court for compensation for his loss of time. The Court said they had not power to award any.
PETTY LARCENY
Catherine M'MANUS was brought up on a charge of stealing two bottles of whiskey, and 1s 6d, the property of Patrick M'CABE, of Crosskeys.
Patrick M'CABE proved that the prisoner was in his employment as waiter; on the night of the 6th instant he locked his shop and put the key under the head of his bed; the key was taken by the prisoner, who took two bottles of whiskey, and 1s 6d out of the shop.
The wife of the last witness deposed to having found the prisoner in the shop, and finding the whiskey and money concealed in a corner of the kitchen.
The prosecutor said that when bringing the prisoner to the police barrack she broke all the glass in his shop window.
The prisoner admitted the charge, but said that only she was drunk she would not have done it......The prisoner said she was satisfied for their worships to deal with the case.....The prisoner was sentenced to one week's imprisonment.
A VAGRANT
Acting Constable BELFOUR charged a young man with attempting to break the windows of the police barrack.....Head Constable MOORE observed that when brought into the barrack the prisoner had marks of gravel on his hand. He heard he had been charged with breaking windows at Butlersbridge. In reply to the Court, the prisoner said he was a tailor and a native of England, but had been a long time resident in Tipperary. On promising to leave the neighbourhood he was discharged, with a caution that if again detected he would be sent six months to gaol.
SAD EFFECTS OF INCAUTIOUS DRIVING
A young man, named Patrick SMITH, was brought up on a charge of knocking down a woman named SCARLETT, by the shaft of a car he was driving, on the 6th inst., from the effects of which her life was in imminent danger....A Sub-Constable of the Belturbet station proved to having arrested the prisoner in Belturbet about three hours after the occurrence....the prisoner said he knew for what he was arrested, and asked was the woman much hurt; Sergeant SHEIL and witness gave the prisoner the usual caution. The prisoner was remanded for a week.
The Court then rose.
BELTURBET PETTY SESSION
SATURDAY
Magistrates present--R. E. W. VENABLES, Thomas F. KNIPE, John ROGERS, and W. M. HICKSON, R.M.
The court was crowded more than usual in consequence of some cases in which the Constabulary were the prosecuting parties--one for illicit distillation and one for assault.
The first case called was that of
The Queen at the prosecution of M. MATHES, S.I., of Constabulary v. Daniel FITZPATRICK, for an assault.
Constable GRACE was about to examine one of the witnesses, named Thomas DONOHOE, the person on whom the assault was committed, when
S. N. KNIPE, Esq., solicitor, who appeared for the defendant, said he had on a former court day objected to the summons in its present form, as the name of the person assaulted should be made the complainant, or the Crown on his behalf; but as such was not the case, any conviction grounded on the present summons would be quashed before another Court.
The Court, however, ruled against the objection.
Thomas DONOHOE--On being examined, stated he met the defendant at Clinandra, on the 30th November, along with another chap, and that he staggered against him.
To the Court--I summoned him for an assault but it was in consequence of some cheering which took place afterwards that I did so.
The Court considered it a case in which a prosecution should not be pressed, and dismissed the summons.
The next case was for an occurrence which took place at or about the same time, and by the same parties.
The case was at the suit of the Queen v. Patrick MAGENNISS and several others, and the complaint stated in the summons was for maliciously a quantity of furniture, the property of a woman named Ellen DONOHOE.
Mr. Knipe said, if his objection in the former case was bad in this he considered it was good.
Ellen DONOHOE, the woman aggrieved, stated she did not with to prosecute, nor would she do so unless compelled.
The Magistrates dismissed the case.
ILLICIT DISTILLATION
Constable William STEEL v. Patrick FITZPATRICK, of Quivy. The defendant stood out on bail, having been arrested for being found in the act of concealing a quantity of illicit matter, alleged to be "wort," in a large barrel, for the purpose of distilling "native."
The Constable was sworn and stated, that on the 22nd December last, he, in charge of a party of men, went down the River Erne, on revenue duty, when opposite the townland or Island of Portruan, they observed a more than ordinary smoke arise from a place where no dwelling was near, and they immediately made in that direction, and on the boat nearing the bank, he leaped out first, and pushed on in advance of the other men, when he saw two men in a boat along the edge of the river--one with a pole and the other covering with bushes what he afterwards found to be a barrel containing the matter now produced. The Constable identified the accused as one of the men he saw; he called to the men remaining in the boat to follow and arrest them, but they only succeeded in arresting one--the man present....
Mr. Knipe said he had several defences to the case--all of which he considered good. The first was that the matter found did not come under the statute, as it was what he called spent wort, or, in other words, "hogwash."
Mr. THORNSON, supervisor, was then sworn, and having examined the article, said it was what is called wort, or the material from which the spirit was not extracted........
Bernard ALWILL, an old man, who on being sworn tasted the liquid produced, and positively swore that the whiskey had, in the usual way, been extracted from it; he had for 50 years past seen whiskey made. Some half dozen other witnesses--"reputed distillers on the duty-free principle"--were examined and gave similar evidence.
The case was consequently at a stand still, the weight of the evidence being against a conviction, and after the magistrates consulted some, they intimated their intention of adjourning the case for three weeks.
Mr. Knipe applied to have a bottle of the liquid out to a chemist to be analized. The Court declined to give any order in the matter, whatever. Mr. Knipe said his reason for so applying was, that it might be tampered with in the meantime. Mr. MATTHEWS said it would be kept locked up in safekeeping, and, in a great passion, repudiated the insinuation thrown out by Mr. Knipe. Mr. Knipe, however, considered it should be left in the custody of the clerk of the court.
There were several other cases heard before the rising of the Court, but of the general ordinary character.
BANKRUPTCY AND INSOLVENCY COURT
YESTERDAY
(By Special Despatch.)Before Judge Berwick
IMPORTANT JUDGEMENT
In re Richard CLARKE.--The bankrupt was a merchant in Bailieborough, in this county, and had mortgaged the premises to the Ulster Banking Company. Subsequent to the mortgage he presented a petition of arrangement to the Court, and returned the Bank composition bills. The Bank accepted the bills on account of their claim, and they placed the amount of the respected bills to the credit of the bankrupt's account according as they became due, but distinctly informed the bankrupt that they did not waive their claim thereby to their security held on the bankruptcy's property. The assignees disputed the validity of the security and raised the question, amongst others, by the discharge that the fact of the bank accepting the composition bills, thereby waived their security, and therefore the assignees claimed the property as vested in them.
Judge BERWICK held that the disclaimer by the Bank was sufficient, and they never appeared in any of the numerous proceedings in which the bankrupt was involved in the court, and although they were duly served as a creditor during the course of the proceedings in bankruptcy, yet they never in any manner waived their security, and in his opinion they were therefore entitled to hold the same and he declared the charge to be duly proved with costs.
Counsel for the Ulster Bank:--Mr. D. C. HENN, Q.C. Attorneys--Messrs KERNAGHAN and SAUNDERS. Counsel for the Assignees--Messrs. J. KERNAN, Q.C., MARTIN. Attorney--Mr. Michael LARKIN.
January 24, 1863
THE MYSTERIOUS DEATH OF MISS CAREY
The adjourned inquest on view of the body of the late Miss Amelia CAREY, of Ballymena, was held on Thursday. It will be recollected that the inquest was adjourned, in order to have an analysis of the stomach of deceased by Dr. HODGES, of Belfast. The analysis was made, but no trace of poison was found in the stomach. The Coroner would not allow the jury to consider any other question except the cause of death. The jury returned an open verdict. The woman M'ATAMNEY was discharged from custody by the Coroner, but was re-arrested by direction of Mr. HUNT, R.M. Dr. COURTNEY stands out on recognizances, and both parties will appear for examination before the Magistrates on Thursday next.
CAVAN QUARTER SESSIONS
Joshua CLARKE, Esq., Q.C., Chairman of the County, attended here on Monday, to proceed with the adjourned business of the Sessions.
The following magistrates were on the Bench during the sessions:--N. MONTGOMERY, Esq., Theophilus THOMPSON, Esq., and W. BABINGTON, Esq.
The undefended civil bills were first gone into, and occupied the greater part of the first day.
COMPENSATION FOR INJURIES
William BRADY sued the Irish North Western Railway Company for £5 consequential damages.
Mr. M'Gauran appeared for the plaintiff, and stated that his client sued for damages-firstly, on account of the Railway Company neglecting to properly make a fence, in consequence of which his lands were flooded, and the crops thereon destroyed; and secondly, for not making a proper crossing, according to their plans and specifications.
Mr. Knipe, who appeared for the Railway Company, said that the plaintiff had, at the previous sessions, got a decree for £2 in respect of the claim for the crossing that he now sues for. The Chairman asked was the £2 given as compensation in respect to the crossing? Mr. M'Gauran said he was satisfied to strike out the claim for the crossing.
The plaintiff proved that the fence made by the Railway Company bulged out, and impeded a water course, which caused the water to flow back on his land...He frequently complained to the Company of the matter.....
The Chairman considered the plaintiff had sustained damages, and at his suggestion a decree for £6 was agreed to.
Mr. John MOORE sued the Irish North Western Railway Company for £40 damages, for not making a proper level crossing on his land....Mr. MOORE proved that the crossing made by the company was not at all in accordance with their agreement, and that it inconvenienced him to a very great degree......
Mr. Knipe--The Railway Company is only responsible for whatever work is mentioned in the award of the valuator.
Chairman--The valuator of property through which a railway runs is a public officer standing between the public and the Company, and whatever work he recommends is specified is his award.
Mr. BRADY, Engineer, Cavan, proved to having made a map of the place, and pointed out where the disputed crossing was. Mr. Boyd said it was the plaintiff's own fault to have the crossing where it was. He was told before the crossing was made that it would be useless to him to have it in the place he selected, but he persisted in having it there....
Chairman--I think it would have been better for the plaintiff to have traversed for damages under the award of the valuator.
Mr. Boyd--The plaintiff got a very large sum from the Railway Company; he got £300 for damages and £100 compensation.
Mr. Armstrong--But we maintain the Company is bound to give us a level crossing as specified in their agreement........
The plaintiff said he would be satisfied if the Railway Company made any other passage besides the present crossing.
Mr. Boyd--The crossing was made where the plaintiff wanted it, and now he seeks for another. The road he wants would cost £150.
The Chairman said it would be a hardship to compel the Railway Company to make a new crossing.....He (the Chairman) would suggest that the parties arrange the matter between themselves.
It was ultimately arranged that the case should stand over till next sessions.
None of the civil bills were of sufficient public interest to repeat. The business of the sessions terminated on Thursday evening, when the Chairman left here for Cootehill, to finish the business of that division.
BIRTHS
January 18, at Sandymount, the wife of the Rev. Doctor De BURGH, of a son.
January 17, at 9, Burlington Road, the wife of Henry ROE, jun., Esq., of a son.
MARRIAGES
January 20, at Castletownroche Church, county Cork, by the Rev. C. A. MAGINN, M.A., Rector of the parish, Henry Albert PLATT, Lieutenant 69th Regiment, youngest son of the late Samuel PLATT, Esq., 9 Eastern Terrace, Brighton, and nephew to the late Hon. Sir Thomas PLATT, formerly one of the Judges of her Majesty's Court of Exchequer, to Katherine Grove ANNESLEY, youngest daughter of the late General Hon. Arthur Grove ANNESLEY, Anne's Grove, county Cork, and granddaughter of the late Richard, Earl of Annesley.
January 21, at Powerscourt Church, by the father of the bride, assisted by the Rev. Charles M'DONOUGH, Julius CASEMENT, Esq., J.P., of Portglenone House, county Antrim, to Maria CLARKE, eldest daughter of the Rev. J. L. BERNARD, Presbondary of St. Patrick's, and chaplain to his Grace, the Archbishop of Dublin.
DEATHS
January 21, at her residence, 49 Stephen's Green, in the 71st year of her age, Elizabeth, widow of the late Right Hon. Baron GREENE.
January 20, at his residence, Queensborough, Drogheda, Robert BALL, Esq., aged 70 years, late of the 50th Regt.
RIBBON OUTRAGE IN WESTMEATH--An outrage of a most daring character was committed a few evenings since within three or four miles of Mullingar, on the person of a man named SMITH, lately come to the neighbourhood, as steward and ploughman to a Mr. NELSON, of Dublin, salesmaster, who rents a large portion of the Cooksboro' estate in this quarter. It appears that SMITH is obnoxious, as a stranger, to the members of the terrible Ribbon society; and that having been warned some time since to leave his employment, which warning he disregarded, he was waylaid on Saturday last between the field in which he had been working and his own dwelling, by four armed men, who beat him in a most savage manner.
DARING OUTRAGE--An outrage of a fearful character at a place called Clonbrony, a short distance of Edgeworthstown. The facts of the case are these--Mr. E. L. WICKHAM, the agent of the Messrs. RUSSELL, of Limerick, being repeatedly annoyed at the slovenly and negligent manner in which the local carriers delivered his goods in the neighbouring towns, he placed a well appointed horse and dray on the road. It would seem this excited the bad passions of the carriers, as when Mr. WHICKHAM's carrier was returning from Longford, a shot was fired, wounding the poor animal in such a manner that it is considered useless. Providentially the driver happened to be lying on the dray, otherwise the consequences would be more fatal to him. The most active exertions are being made by the constabulary to find out the perpetrators.
THE CHURCH
APPOINTMENTS--Down and Connor--Mr. Edward Augustus YOUNG, A.B., to the curacy of Smithfield, by the Rector. Ditto--Mr. Joseph Atkinson STUART, A.B., to the curacy of Derryaghy, by the Rector. Ditto--Rev. Samuel BLACK, to the curacy of Derrykeighan, by the Rector. Armagh--Rev. John ECCLES, to the vicarage of St. Peter's Drogheda, by the Marquess of Drogheda. Ditto--Rev. Henry SEDDALL, to the vicarage of Dunany, by the Marquess of Drogheda. Cashel--Rev. T. E. WYNNE, to the sole charge and curacy of Glankeen, by the Rector. Dromore--Rev. Stephen Hastings ATKINS, A.M., to the rectory of Tullylish, by the Crown. Dublin and Kildare--Mr. Frederick J. LUCUS, to the curacy of St. Bridget, by the Incumbent. Ditto--Rev. George R. WYNNE, to the curacy of St. Andrew's, by the Incumbent. Ditto--Mr. Charles CROSSLE, to the Assistant Chaplaincy of Albert Hospital Church, by the Incumbent. Ditto--Mr. Octavius J. ELLIS, to the Assistant Chaplaincy, St. John's, Sandymount, by the Incumbent. Ditto--Thomas G. P. POPE, to the curacy of St. Anne's, by the Incumbent. Ditto--Mr. Edmund J. LEE, to the Assistant Curacy, Mountmellick, by the Rector. Ditto--Rev. H. MARTIN, A.B., to the rectory of Ballysax, by the Crown. Raphoe--Rev. John Gage BALL, to the rectory and vicarage of Killybeggs, by the Bishop. Ditto--Rev. Richard SMITH, to the rectory and vicarage of Killea, by the Bishop. Tuam--Rev. Richard RUDD, to the benefice of Killannan, by the Bishop. Ditto--Rev. William C. M'CAUSLAND, to the curacy of Westport, by the Rector.
RESIGNATIONS.--Armagh--Rev. William HOYTE, vicarage of Dunany, in the gift of the Marquess of Drogheda. Ossory--Rev. Mahony Vincent WATSON, curacy of Burnechurch, in the gift of the Incumbent.
January 31, 1863
LAW INTELLIGENCE
COURT OF CHANCERY
Gumley v. Gumley
The petitioner in this matter was the Rev. John Stewart GUMLEY, and the respondents were his father, John GUMLEY, and four brothers. It prayed that an account might be taken of what was due on foot of three bonds of the Rev. John GUMLEY, deceased, the father of the principal respondent, and for an account of his real and personal estate, and of the same received by John GUMLEY, the respondent, and all necessary accounts; and for a declaration that Thomas and Charles GUMLEY elected to take under the will of John GUMLEY, their grandfather; and that the petitioner was entitled to have the assets of the said John GUMLEY marshalled; and that the respondent, John GUMLEY, should be ordered to account for the personal estate of his father, etc.
The petition stated that in July, 1821, a settlement was executed on the marriage of Mr. John GUMLEY, the respondent, with Miss Mary SADLIER, by which his father granted certain lands in the county Cavan to trustees in trust for himself, for life, with remainder to John GUMLEY, his son, for life; and after the death of Mrs. John GUMLEY, amongst the issue of their marriage, as the respondent, John GUMLEY should appoint, and equally among them in default of appointment. There were five sons and no daughter, issue of the marriage, viz.:--The petitioner, the Rev. John Stewart GUMLEY, and Thomas, William, Robert, and Charles GUMLEY. Mr. John GUMLEY, the petitioner's grandfather had, it was alleged, personal estate amount to about £9,009, and also real estates, &c., and by his will, dated in June, 1837, he disposed of all this property amongst his grandsons, the petitioner and his brothers, the respondents, in remainder after the decease of his son, John GUMLEY, and their father, and his wife, and he appointed John GUMLEY, his son, his residiary legatee and executor. The respondent, John GUMLEY, proved his father's will, and received his assets, which, it was alleged, more than sufficient to pay off the bonds, and all the testator's other debts. The bond debts amount of £1,500, and were vested in another Mr. John GUMLEY, a gentleman residing at Belturbet, in the County Cavan, and he sought to enforce payment of them. The petitioner's case was that he came of age in 1843, and in a short time afterwards was induced by his father and mother to join them in further securing these bond debts, and that by a deed, dated in 1845, he granted his share in the property to secure the payment of the bonds, subject to redemption; and the object of the present suit was to obtain a declaration that the petitioner's brother's interest in the lands in question should be held liable to contribution in respect to those bond debts. For the respondents it was insisted that the petitioner was not entitled to relief, as by the deed of 1843 he made his share in the property primarily liable to the bonds.
The Solicitor-General (with Mr. C. ANDREWS, Q.C., and Mr. BOSTON) was of counsel for the petitioner; and Messrs. LEECH, OWEN, and J.C. ARMSTRONG appeared for the respondents.
His Lordship directed the case to stand for the present, pending an appeal from the Landed Estates Court to the Chancery Appeal Court, in which the same parties were interested.
COURT OF QUEEN'S BENCH--Jan. 24.
(Before the Lord Chief Justice, Mr. Justice O'BRIEN, and Mr. Justice HAYES
CRIMINAL INFORMATION.
The Queen at the Prosecution of John LYTTLE, Mayor of Belfast, v. John REA
Immediately after the sitting of the court
Mr. REA appeared at the bar and applied, as defendant, for an extension of time to file affidavits in reply to that on which an order for a criminal information had been granted against him. The time for filing affidavits had expired to-day, and it was only on Thursday morning that he had received the attested copies of the affidavit on which the order had been granted. He had been informed in the Crown Office that it was impossible that the case could be tried till the summer assizes, so that the present application would cause no delay to the trial of the case. He now asked to be allowed some time to consider whether or not he would not on a future day move that the rule be enlarged for a months.
The Lord Chief Justice--You must not anticipate. Your application now is for time to file answering affidavits.
Mr. BRUCE (solicitor for the prosecutor) asked to have the application held over until Mr. BREWSTER came into court.
Chief Justice--There is no necessity for the attendance of Mr. BREWSTER. The Court does not consider the application an unreasonable one under the circumstances, and, without anticipating any ultimate order, we will grant you a week's time, and if you seek for any further extension you must give the prosecutor two days' notice of your application.
Mr. REA--I thank your lordship, and, should I find a further application necessary, I will follow your lordship's suggestion.
DEATH OF A CENTENARIAN--On the 17th last, there died in the townland of Mulmurphy, on the estate of Lord Cremorne, a man familiarly known in this town and neighbourhood by the name of Jack OWENS; he attained the extraordinary age of 112 years. Up to the last few months he used to walk into Monaghan, and retained all his faculties perfect up to his death.--"Monaghan Standard"
CAVAN PETTY SESSIONS
MONDAY, JAN. 26
Magistrates present:--Theophilas Thompson, Esq. (Chairman); Captain Carden; Captain Erskine; Wm. Babington, Esq.
CASE AND CROSS-CASE
Owen FARRELLY, of Stradone, summoned James TIERNEY for misconducting himself while in his service. TIERNEY sued FARRELLY for £3 10s, a half year's wages.
Mr. Armstrong, who appeared for FARRELLY, said the defendant when he found that he was about being brought to an account for his misconduct, issued a summons against his client for wages.
FARRELLY deposed that he sent TIERNEY to the market of Cavan when he came home drunk with his home greatly abused; when witness remonstrated with him he gave abuse and attempted to assault him; had to get the police to remove him; paid him his wages up to the day he discharged him.
TIERNEY denied he was drunk on the occasion in question, or that he misconducted himself in any way; complainant gave him a naggin of whiskey after he came home from Cavan, and if he was drunk he would not have done so; FARRELLY called him a vagabond, and witness said he would have revenge for calling him out of his name; he then sent for the police, when witness left the house with his brother.
Mr. Babington--Did you give TIERNEY a naggin of whiskey when he returned from Cavan?
Farrelly--Yes; I gave it to him for quietness sake.
Mr. Babington--You had no right to give him whiskey when you considered him drunk.
Mr. Thompson--You have efficient police at Stradone, and if he misbehaved you could have applied to them. You acted improperly in giving whiskey to a man you allege was drunk.
The Court released Farrelly from his engagement with Tierney, and dismissed the claim of the latter for wages.
TRESPASS
Bernard REILLY, summoned Patrick and Thomas BRADY for the trespass of two sheep in his cabbage plants. The complainant proved the offence, and the parties were fined 2s. and costs.
STEALING BONES
Mr. George LYNDON summoned Felix M'CABE for trespassing on his farm and stealing bones off his land.
Mr. LYNDON being called, stated the reason he brought the case before the Court. About three months since he was instructed by Lord Farnham to have a Crannoge on his farm excavated and examined for the purpose of procuring antiquities, which were supposed to be there, and many of which were discovered. The work was carried on at his lordship's expense, and amongst the things found were a quantity of bones, which were collected together for the purpose of examination. He (Mr. Lyndon) was informed that the defendant took away some of these bones without liberty, and he brought the case into Court merely for the purpose of preventing a repetition of such offences, and would not press for a heavy penalty.
Mr. Lyndon's man proved to having seen the defendant take away a quantity of the bones collected by orders of his master.
Mr. Thompson--Do you know of what value were the bones?
The witness said he could not estimate their value.
Mr. Thompson--The law requires some amount of value to be specified.
Mr. Lyndon said the accused was seen digging on the land.
Mr. Babington--If so he can be punished as a trespasser.The witness proved that he seen the accused digging.
Mr. Thompson--You may thank Mr. Lyndon does not press for a heavy penalty or you would be severely dealt with. You acted highly improper in going upon Mr. Lyndon's land, and conveying away things which might be of little value, but were there collected for a special purpose, and I hope others will be deterred from acting in a similar manner.
The defendant was fined 1s and cost.
FURIOUS DRIVING
Acting Constable Richard BELFOUR summoned James M'CABE for furious driving in the streets of Cavn.....He was fined 1s and costs.
A DISPUTED PASS--CONTRADICTORY SWEARING
A man named MULLIGAN summoned a neighbour of his named MONAGHAN for beating his ass and refusing to allow him to use a pass through his land to which he was entitled. The case was before the Court on a former day, and was then referred to the agent, John ROGERS, Esq., but that gentleman declined to interfere and left it to the settlement of the Court.
MULLIGAN proved that he had used the pass in question for the last twenty years without interruption.....MONAGHAN denied that Mulligan had any right to the pass, and brought forward as a witness a man upwards of seventy years of age, who swore that Mulligan had no right whatever to the pass through Monaghan's land...A man named SMITH, the bailiff on the property, deposed that Mulligan had a right to the pass in question.
Mr. M'CABE, Petty Sessions Clerk, stated that Monaghan was not a direct tenant under Mr. Rogers.......If the matter was referred to Mr. Edward FAGAN, the landlord, he might be able to arrange it.
The Court referred the matter to Mr. Edward FEGAN for settlement.
CAUTION TO VENDERS
Robert JOHNSON summoned Mr. Francis M'CABE, Cavan, for 11s, the price of potatoes sold and delivered to him.
JOHNSTON proved that he sold thirty stone of potatoes to Mr. M'CABE, and after delivering them he refused payment.
Mr. M'Cabe said he purchased the potatoes on the understanding that they were good; when he boiled them they were unfit for use, and he consequently refused to pay for them....
Johnston said he did not engage the potatoes, nor did he consider them so bad as Mr. M'Cabe represented them....
The Court nilled the summons, and directed Johnston to take back the potatoes.
STEALING FOWL
John CONNELL, of Cormeen, charged a man named John REILLY with stealing five hens, one cock, and a turkey, his property.
The prosecutor's wife deposed to having lost the fowl in question; a hen was found near the residence of accused which he claimed as his property; that hen was one of those stolen from her husband; the accused was seen selling fowl at Cootehill.
Mr. Babington--Had you any private mark on the hen?
Witness--Yes, her husband cut the top of one of the toes.
The hen was produced to the Court, and found to be marked in the manner descried by the witness.....
The Court asked the accused if he was satisfied to have the case then disposed of or have it sent to the assizes.
The accused said he would rather have the case then tried. He said the hen was found a half a mile from his house.....Mr. Thompson considered there was not doubt of the prisoner's guilt.....He was sentenced to a fine of 5s. and costs.
The Court then rose.
County Cavan Newspaper Transcription Project
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