Cavan Observer
Published in Cavan, county Cavan
July 4, 1863
IN THE COURT OF BANKRUPTCY AND INSOLVENCY
IN BANKRUPTCY
In the Matter of JOHN WOOLLEY, Of Kingscourt, TO BE SOLD BY PUBLIC AUCTION, in the County of Cavan, Leather Dealer pursuant in the Order, and subject to the A Bankrupt. approbation of said Court, on Tuesday, 14th day of JULY, 1863, at the Court of Bankruptcy and Insolvency, Four Courts, Dublin, at the hour of One o'clock in the afternoon of said day, all the Estate, Right, Title, and Interest of the Said Bankrupt and his Assignees and Mortgagee, of in and to All That and Those, that part or portion of the LANDS OF CLUNTURKAN, situate in the parish of Enniskeen, and County of Cavan, containing by estimation 4 acres or thereabouts, Irish plantation measure, held under Lease, bearing date the 3rd May, 1847, for lives renewable for ever, at the yearly rent of £1 sterling, late currency, per acre.
And also, All That and Those, that piece or parcel of Ground called the ORCHARD MEADOWS and FOUR FIELDS, part of the said LANDS OF ENNISKEEN, Barony of Clonkee.....CHEYNE BRADY, Chief Registrar.
DEATH OF R. H. V. ARCHER, ESQ.
We have a melancholy pleasure in copying the following paragraph from the EVENING NEWS of the 27th ultimo:--
"It is with sincere regret that we announce the death after a lingering illness, at a comparatively early age, of Mr. Richard Henry Verling ARCHER, Chief Clerk in the Office of Judge LONGFIELD, Landed Estates Court. Courteous and obliging in his disposition, efficient in the discharge of his duty, and endowed with talents of no mean character, Mr. ARCHER enlisted the regard and esteem of the suitors of the legal profession with whom his official duties brought him in contact, and by whom his loss is universally regretted....... "
[We fully concur in every sentence of the foregoing. We had the gratification of knowing Mr. ARCHER personally, and heard the announcement of his death with very great regret. A more thorough gentleman it would be impossible to meet, and a more amiable man no person has ever been acquainted with. He was youngest son of the late Rev. Richard ARCHER, Incumbent of Clonduff, County Down, grand nephew of the Very Rev. Hold WARING, late Dean of Dromore, and brother to Mrs. HUMPHRYS, wife of Dr. Hutchinson G. HUMPHRYS of Ballyhaise. He was a graduate, and Bachelor of Arts of the University of Dublin, a distinguished Honour man and Medalist. He is deeply regretted by all who knew him, and will long be remembered by every one who had the honour of his acquaintance.--Editor, CAVAN OBSERVER.]
INQUEST--William Pollack, Esq., one of the coroners of the county, held an inquest at the workhouse, on Friday, on the body of a girl, aged eleven years, named Ellen VESEY, from near Butlersbridge. It appeared from the evidence that the deceased was admitted to the workhouse hospital about ten o'clock on the previous night, suffering from the effects of a severe burn, which baffled all medical treatment, and she expired about one o'clock next day. The clothes of the deceased caught fire while in the set of preparing supper for the family, and there being no person convenient to render her assistance, she was fatally burned. The occurrence was purely accidental, and the jury found a verdict in accordance with the facts.
CAPITAL CONVICTION--At the Longford assizes on Thursday, Charles M'CORMACK was found guilty and sentenced to death for the murder of Michael BEGLAN, at Drinan, on the 1st November last. It will be remembered that the deceased lost his life in a quarrel arising out of a dispute in connexion with the late Longford election, and the case was postponed from the previous assizes. The Attorney General specially attended to prosecute.
SUMMER ASSIZES, 1863
CAVAN--THURSDAY, JULY 2
The Grand Jury of this County met on Thursday. At one o'clock, the High Sheriff, Nathaniel MONTGOMERY, Esq., came into Court, when the long panel was called over by Henry J. RAE, Esq., Clerk of the Crown. The following gentlemen answered to their names, and were sworn:--
Lieut.-Col. Hon. J. P. MAXWELL, M.P., foreman.
Hon. Somerset R. MAXWELL, Ardley Cottage.
Lieut.-Col. Henry T. CLEMENTS, Ashfield.
George De La Poer BERESFORD, Esq., Aubawn.
John E. VERNON, Esq., Erne Hill.
James A. DEASE, Esq., Turbotstown.
James HAMILTON, Esq., Castle Hamilton.
Henry Owen SAUNDERS, Esq., Kilnevalla House, Borris-'o-kane.
David Fielding JONES, Esq., Nahillah.
William A. MOORE, Esq., Arnmore.
John H. ADAMS, Esq., Northlands.
John LITTON, Esq., Newtownbutler.
B. S. ADAMS, Esq., Shinan House.
Major-General St. John Augustus CLARKE.
William TATLOW, Esq., Dublin.
Captain Robert ERSKINE, Cavan.
John Rogers, Esq., Belturbet.
C. S. ADAMS, Esq., Kingscourt.
Charles MORTIMER, Esq., Lakeview.
John TOWNLEY, Esq., Tullyvin House.
Joseph Green LYNCH, Esq., Roebuck.The High Sheriff said there was no business to be brought before the Grand Jury that called for any particular observation from him.....The Grand Jury then proceeded with the fiscal business of the County, which occupied the day.
At half-past ten o'clock next day, the Grand Jury resumed the fiscal business.
MALICIOUS INJURIES
The application of Captain William ROEBUCK, for compensation for the malicious destruction by fire of two dwelling house, his property at Derrygara Upper, on the night of the 14th May, 1863, or early on the following morning. Amount claimed, £50. Recommended at Sessions--to be levied off Derrygara, Drumany, Kilnaglare, Aghadrumagullion, Tullybrick, and Drumahirk.
After the examination of witnesses the Grand Jury awarded £27 10s for the injury.
MARRIED
July 1, at Monkstown Church, county Dublin, by the Rev. John Richard DARLEY, Rector of Drumgoon, county Cavan, assisted by the Rev. William MACONCHY, Vicar of Coolock, county Dublin, the Rev. William S. Grattan GUINNESS, of Beaumont, county Dublin, to Susan Rebecca, youngest daughter of the late Alderman DARLEY, of Fern Hill, county Dublin.
DIED
July 2, from the effects of an accident sustained at Car Hale Bridge on the afternoon of the 6th of June, Richard Cross MOORE, Esq., late Cavan Militia.
CAVAN PETTY SESSIONS
MONDAY, JUNE 29
(Before Theophilus Thompson, J.P., Chairman; Captain Erskine, J.P., and William Babington, J.P)
ASSAULT
Patrick BRADY, of Raisk, summoned Thomas SMITH and Patrick M'EVEY, of the same place, for an assault.
The Complainant deposed that he was in the habit of attending Croobeny school for the last two years; went there by a pathway through Smith's land; when going that way on the 17th June, in company with two other boys, Smith shouted, "how dare you or any one belonging to your father go that way after all he has done"; witness went across a drain to avoid him; next day his boy, Patrick M'Evey, came up to witness, caught hold of him, and asked what brought him there; M'Evey "rugged" and "shook" him, and knocked him down by a push; he then went away a short distance, but soon returned, and knocked witness down again by another push, and swore by J______ he'd take his life if he got him there again.
To the Court--The pathway is through a potato field, and we walk in the furrow.
The father of the complainant proved that he went through Smith's land to school for 27 years; his children were going that way since Croobeny school was opened; the school was built by Mr. Vernon for the accommodation of the tenants.......
Michael M'CAHILL, the grandfather of the complainant, deposed that there was a right of passage through Smith's land to a well, but never knew it to extend to the school.
The Court was of opinion that it was a matter entirely with the jurisdiction of the landlord; and it was arranged to refer it for settlement to Mr. Martin BEATTY, the bailiff on the estate.
SUSPICIOUS CONDUCT
Mary M'CABE, of Gorskey, summoned Edward M'CABE, of Behey, for that he on the 23rd June, 1863, at Drumalee, in said county, by false pretence, did obtain and keep money, via, bank notes and silver, also the purse containing same, with intent to defraud complainant.
The complainant did not appear, but the circumstances that occasioned the legal proceedings were--Mary M'Cabe, the complainant, is a young woman who lately returned from America, where she appears to have realised some money. On the day in question she drew out of the bank of this town £49, which she placed in a purse, and when going home dropped the purse convenient to the townland of Drumalee. A little girl, named Drumgoon, who was passing that way shortly afterwards found the purse, when M'Cabe, who happened to come up at the moment, claimed it as his property, and the girl (Drumgoon) gave it up to him. The woman who lost the purse on becoming aware of this fact, applied to M'Cabe for it, and he having refused to restore it, the present proceedings were instituted....
It was arranged that the case should stand till that day week. At a subsequent part of the day, a notice was to be seen posted through town, signed "Edward M'Cabe, Behey," stating that, he had found a purse containing money, which would be returned to the owner on giving a proper description. But it appears that on account of Mr. Thompson's observations, M'Cabe deemed it advisable to consult a Roman Catholic clergyman, who recommended him to restore the money at once to the young woman who claimed it, which he did, all but 3l. 10s., for which amount he gave his I.O.U.
CHARGE OF WAYLAYING AND ASSAULT
Joseph BLAKELY, a corporal of the Cavan Militia, charged two privates of the same regiment, named James MOONEY and Edward MULLIGAN, with waylaying and assaulting him near Crossdoney, on the evening of the 25th June, 1873--it being the day on which the Cavan militia were disembodied last year.
Blakely deposed that he was returning home from the last disembodiment of the militia; when a little below Crossdoney he was met by Mulligan and Mooney; he got a blow of a stick to the head the cut him severely; when he saw Mooney and Mulligan, at the present training he told the sergeant-major, who reported it to the commanding officer, and he was directed to swear informations. In reply to Mooney, the witness denied that he brought him into a public house at Crossdoney to treat him; asked a boy named FURY, who belonged to his company, to help him home with "his box;" witness and Fury had not proceeded far outside Crossdoney, when Mulligan and Mooney met them.
Corporal George ANDERSON proved that he went to Crossdoney in company with Mooney and Mulligan on the day in question; met Blakely there, who was drunk; the whole of them were drinking together...John Fury, a private of the same regiment deposed that they were all drinking together in a public house at Crossdoney; Blakely was drunk...
Blakely said it was not his wish to punish the parties, and was willing to forgive them if the Court would do so.......
Mr. Babington--It is not the wish of this Court to do anything that might keep up bad feeling among men who should live in the utmost harmony. It is quite clear that Blakely was in that half-drunken state at the time of the occurrence when a man's recollection is not clear......I shall, therefore, "nill" the complaint, and hope that you will be good friends in future.
ASSAULT
Richard MONTGOMERY, a private of the Cavan militia, summoned another private, named Patrick M'CANN, for an assault.
Montgomery proved that he was tipsy on the evening of the 6th June; his landlady advised him not to go out in the street, as many persons would be glad to have an opportunity of injuring him; he replied "that he did not care for all of the Papists on Barrack hill"; M'Cann came out of his room and asked, "is it me you mean"; witness said, "yes, as well as any one else"; M'Cann then gave him a box on the face and covered him all over with blood; he then reported witness, and he was broke from being corporal; summoned M'Cann to obtain satisfaction....M'Cann stated that Montgomery shouted for a Papist, and made a blow at him first. Mrs. FINNER proved that Montgomery and M'Cann were billetted in her house; Montgomery was hearty on the night in question, and said, "he did not care about any Papist cur in Cavan, or on Barrack hill"; M'Cann came out of his room when he spoke the word and struck him.....
Mr. Babington remarked that although the words used by the complainant did not justify the assault, yet the aggravation would go far in mitigation of punishment. He fined M'Cann 6d and costs.
The Court then rose.
FIRING AT AND WOUNDING--"The "Dublin Gazette" of last evening announces that his Excellency offers a reward of £100 for such information as will lead to the arrest of Patrick and James ROSS, who are charged with the murder of John CORRIGAN, and with firing at and wounding his wife, near Malkagh, county Longford, on the 20th April, 1862.
July 11, 1863
SUMMER ASSIZES, 1863
CAVAN--SATURDAY, JULY 4
CROWN COURT
The Right Hon. Baron DEASY took his seat this morning at ten o'clock. His lordship was accompanied by Nathaniel MONTGOMERY, Esq., High Sheriff of the County, and the Hon. Col. MAXWELL, M.P., Foreman of the Grand Jury.
Mr. CAFFREY having read the Queen's Writ,
Mr. H. J. RAE, Clerk of the Crown, called over the Grand Jury panel, when the following gentlemen were sworn:--Lieut.-Col. the Hon. J. P. MAXWELL, Foreman; the Hon. Somerset R. MAXWELL, Lieut.-Col. H. M. CLEMENTS, George de la Poer BERESFORD, John E. Vernon, James A. DEASE, John H. ADAMS, James HAMILTON, David F. JONES, Benjamin S. ADAMS, William A. MOORE, Henry O. SAUNDERS, John LITTON, Wm. TATLOW, R. ERSKINE, Major A. St. John CLARKE, C. S. ADAMS, Henry MORTIMER, John TOWNLEY, J. G. LYNCH, John ROGERS.
His Lordship, in Addressing the Grand Jury, said--Colonel Maxwell, and Gentlemen of the Grand Jury of the County of Cavan, I am very glad to state that your criminal duties and mine at this Assizes will be very light.....The Grand Jury then retired and his Lordship proceeded to fiat the presentments.
ASSAULT
The first prisoner arraigned was Thomas BRADY, charged with having assaulted Mary M'LARNEY. The prisoner when placed in the dock presented a most idiotic appearance. He pleaded not guilty; but his Lordship doubted that he was fit to plead, and a jury were empannelled to consider his state of mind.
Mr. GALLOGLY, the Governor of Cavan Gaol, deposed that the prisoner while an inmate of the prison made two attempts at self-destruction; does not think him fit to plead to an indictment or capable of understanding the nature of it.
The jury found that the prisoner was of unsound mind, and he was removed from the dock.
SHEEP STEALING
Charles REILLY was indicted for stealing two sheep, the property of Patrick SKELLY.
The following petty jury were empannelled to try the case:--Patrick SMITH, foreman; John DUFFY, John JENNINGS, George GRAHAM, John O'REILLY, John MURPHY, Robert BUCHANAN, James O'REILLY, Matthew DALY, David KELLETT, Moses SMITH, and John NAYLOR.
The prisoner was undefended.
Patrick Skelly sworn, and examined by Mr. HENDERSON, Q.C.--Recollects the 7th of last March, had five sheep on his farm on that day; his son missed two of them next morning; there were ewes in lamb; gave information to the police who accompanied him to search, when they found two "pelts," the entrails, and three lambs in the widow LYNCH's field; the place where we found them is three fields from his land; the "pelts" found belonged to his sheep; a carcass of a sheep was found in a heap of stones joining Carrickane and Aughaline, about one field from his land; the prisoner lives convenient to him.
The prisoner asked the witness as to his character, and he replied that he never heard anything bad of him before.
Sub-Constable Michael M'LOUGHLIN was examined by Mr. JOHNSTONE, and deposed that he went with the last witness to search for stolen sheep...
John ENNIS, an approver, was examined by Mr. Henderson, Q.C.--Have come from the gaol where he was a prisoner on the same charge; the prisoner came to his house and asked witness to go with him to take sheep from Patt SKELLY; at first refused to do so, but afterwards consented....
Baron Deasy--The class of small farmers suffers severely from depredations of this kind, and were it not for the certificates of previous good character that you have produced I would find it my duty to award you very severe punishment. You are sentenced to six months imprisonment with hard labour.''
LARCENIES OF WEARING APPAREL
Mary Anne MASTERSON and Catherine M'FADDEN were indicted for stealing several articles of wearing apparel, the property of James MAGUIRE. M'Fadden pleaded guilty, and Masterson not guilty. She was given in charge to the same jury, and was undefended.
Mary MAGUIRE examined by Mr. Henderson, Q.C.--Remembers the 25th of last June; went to the bog on that day, and left the prisoner and M'Fadden in the house; there was clothes in a chest in a room of the house; before going to the bog locked the door of the room; the chest was not locked; returned from the bog about eight o'clock in the evening; neither of the girls were then in the house; the door of the room appeared the same as she left it, but when she went to the chest found the clothes gone...
Sub-Constable MAGUIRE deposed to having arrested the prisoner and Masterson when going through Oldcastle...James MAGUIRE proved that he took the prisoner out of the workhouse and reared her; she was at service for the last two years, and when discharged she had no place to go to but to him....does not think the prisoner intended to steal the shawl, and believes she would have brought it back if the police had not taken her; it was all a family affair.
The prisoner was acquitted.
His lordship sentenced M'Fadden to three months imprisonment with hard labour.
Catherine O'HARA was indicted for having in her possession a piece of linsey cloth which was stolen from the shop of Catherine NUGENT, of Swanlinbar, on the 29th June.
Mrs. Catherine NUGENT examined by Mr. Henderson, Q.C.--Keeps a draper shop in Swanlinbar; recollects the 29th of last June; it was the fair day; to the best of her belief the prisoner was three times in her shop on that day; she asked to see the making of a linsey dress which was shown her, but she did not purchase the piece of linsey now produced is the same witness shown to the prisoner; missed the linsey shortly after the prisoner was seen in the shop.
The policeman who arrested the prisoner deposed to having got the piece of linsey produced in her possession, which was identified by Mrs. Nugent as her property.
The jury found the prisoner guilty of receiving. Mr. Gallogly said the prisoner had only left Monaghan prison on the 17th of last month, where she had been confined for a years. The governor of Monaghan gaol gave evidence of her former conviction.
His lordship sentenced the prisoner to four years penal servitude.
Sarah CLARKEN was indicted for having in her possession a piece of blue cloth, which was stolen from the shop of Charles M'HUGH, at Swanlinbar on the 29th June. The prosecutor deposed to the piece of cloth produced having been stolen from his shop on the day in question.
Sub-Constable O'CONNELL proved to having arrested the prisoner in a house about two miles from Swanlinbar....and saw the prisoner throw something into a corner; went and picked up the piece of cloth now produced; M'Hugh identified the cloth as his property.
The prisoner was found guilty, and sentenced to four years penal servitude.
RAPE
John SMITH, a respectable looking young man, about 17 years of age, was placed in the dock charged with having committed a rape on Honora SMITH, a child of eleven years of age....The details were unfit for publicity. It was quite evident from the way the prosecutrix gave her evidence that she had been over-trained, and on her cross-examination she contradicted herself in some material points.
The prisoner was acquitted.
WHITEBOY OFFENCE
James TOHER, Edward TOHER, and John TOHER, three brothers, were indicted for being of an armed party, who on the night of Sunday, 1st February, 1863, did assault John COYLE. At the previous assizes twelve persons were tried and found guilty of this charge, and sentenced to three years penal servitude.....
Mr. Henderson, Q.C., stated the case on the part of the Crown. He said that the prosecutor was a water bailiff, and in the execution of his duty had become obnoxious by prosecuting parties guilty of an infringement of the fishery laws. An armed party attacked his house on a Sunday evening, and beat him in such an inhuman manner that his life was in danger for some time. At the last assizes a number of persons were found guilty of the outrage, and were not undergoing punishment for their crime.....
John COYNE, sen., examined by Mr. Johnstone--Recollects the 1st of February....he was sitting in the kitchen; there was a good fire of turf and an ash block on the hearth; James LYNCH, a labouring man, was in the kitchen and his wife and daughter were at the fire; his son, John Coyne, was in bed; heard the door getting a tip as if some one wanted to come in; his daughter opened the door, and a boy named Terence CALLERY came into the kitchen; in a few minutes three more persons came in; Bryan HENRY gave him a stroke of a stick that knocked him down; when witness got up he crawled into the room.....The witness was not cross-examined.
John COYNE, jun., examined by Mr. Henderson, Q.C.--Recollects the 1st of February; went to bed before the rest of the family on that night; was awoke by a noise in the kitchen; got up and met his father in the room; Michael WILSON was in the act of striking his father; when Wilson saw witness he caught hold of his hands, and struck him across the head with a short weapon; saw Bartly FLYNN beating James Lynch in the kitchen..Cross-examined by Mr. Dowse, Q.C.--The road the party went would bring them to other places as well as the county Meath; never saw the prisoners before the night of the 1st February; did not know what he was going to do when brought to Oldcastle police barrack; the dress of the men assembled in the barrack yard resembled each other; cannot tell in what way it differed.....
Dr. MAWHINNY gave evidence of the injuries inflicted upon Coyne, and said he considered his life for some time in danger.
Sub-Inspector WIER examined by Mr. IRWIN--Arrested two of the prisoners, and sent one of the police to arrest the other......
Head Constable M'LELLAN proved that young Coyne identified the prisoners.....This closed the case for the prosecution.
His Lordship remarked that the informations were dated the 12th of February, and stated that the occurrence took place on the previous day, which was evidently incorrect......A messenger was sent for Captain CUMING and Captain NUGENT, the magistrates before whom the informations were sworn. His Lordship said that in cases like the present it was the duty of the magistrate before whom the informations were sworn to attend the Court at the hearing of the case. He would impose a heavy penalty on any magistrate not doing so.
Captain CUMING said he took the informations the day after the occurrence. A further inquiry took place some days afterwards at the Mountnugent Petty Sessions, and in that way he supposed the mistake in the date must have occurred.....
Mr. RICHARDSON then addressed the jury at some length on behalf of the prisoners, strongly urging that the Crown had not established a case against his clients to warrant a conviction.
His Lordship minutely recapitulated the evidence. The jury then retired, and, after a brief consultation acquitted the prisoners.
THE BUTLERSBRIDGE OUTRAGE.
John SMITH, Edward KOEGHEY, Patrick CONNELLY, and Thomas FLYNN, were arraigned, charged with being of a party who did maliciously burn two houses the property of Captain William ROEBUCK, at Derrygarra Upper.
Messrs. Richardson, Q.C., Johnstone, Grier, and Irwin conducted the case for the Crown. Mr. Dowse, Q.C. defended the prisoners, instructed by Mr. S. N. Knipe, solicitor.
After some challenges on the part of the prisoner and the Crown, the following petty jury were sworn:--Edward FEGAN, foreman; John DUFFY, John O'REILLY, Bernard MASTERSON, John MATCHETT, Patrick GANNON, Oswald SWAN, P. SMITH, Matthew DALY, Alexander KETTYLE, John MURPHY, and T. HUMPHRYS.
Mr. Henderson, Q.C., stated the case on the part of the Crown. He was happy to state that offences of this description were of rare occurrence in this part of the country. The premises in question were formerly held by a Mr. Thomas REILLY, who surrendered possession of them to the landlord, Captain Roebuck, a few days previous to the outrage. Mr. Martin BEATTY, the manager of Captain Roebuck, put a man named Reilly in possession as caretaker, and on the night of the 4th of May, an armed party came to the house occupied by Reilly, put him and his family out on the highway, and perpetrated the crime of which the prisoners stood charged....
The defence for CONNELLY and FLYNN was an alibi. Catherine M'GRAHAN, Catherine KELLY, and the mother of Connelly proved that he was in bed at eight o'clock on the night of the 4th of May, and that he did not leave the house on that night; he was sick and had a blister to his ear. William Flynn proved that the prisoner, Thomas Flynn, was sick with a "pain in his belly" on the night of the 4th of May, and that he could not have left the house without his knowledge.
Messrs. Thomas GILHOOLY, James TEEVAN, and Patrick WILSON, of Butlersbridge, gave the prisoners a good character.
Mr. Grier spoke to evidence on the part of the Crown.
His lordship charged the jury, who, after a short deliberation, acquitted the prisoners.
His lordship expressed his concurrence in the verdict of the jury, thanked them for the case and attention they bestowed on the case, and discharged them from further attendance.
This case terminated the business of the assizes.
RECORD COURT
The Right Hon. Mr. Justice FITZGERALD entered this Court shortly after ten o'clock, and proceeded with appeals.
Hercules ELLIS, Esq., v. William GREGG
This was an action brought before the Chairman of Quarter Sessions, to recover rent alleged to have been due to the plaintiff by the defendant out of the lands of Gortnaquil, near Belturbet. A question of title was involved, which the Court below would not entertain, but granted a decree for the amount of rent claimed with liberty to appeal, in order to have the question of title decided. From that decision the action now appealed.
Mr. Moses NETTERFIELD sworn and examined by Mr. Dowse, Q.C.--I know the lands of Gornaquil; Mr. William GREGG told me that he was tenant for those lands at £21 odd a year; he said there were two claimants, and he told me that he had paid rent that morning to Mr. Hamilton, agent to the Misses Smith; he did not tell me up to what time he paid the rent; he said he paid four months' rent.....
Mr. William GREGG, appellant, sworn and examined by Mr. Carson--I am about 22 years tenant of the lands of Gortnaquin; I pay £21 16s. a year rent; several parties have been my landlords during the time I have been tenant; I have receipts from the Misses Smith, and I paid rent up to May, 1862.....
His Lordship said the best thing he could do with the case was to express no opinion as regarded the title. That question was one which could not be investigated in that court, so that all he could do was to reverse the decree without prejudice.
Rose M'KNOWN v. Charles MURPHY
This was an action to recover £200 damages for false arrest and imprisonment. The plaintiff was tenant of the defendant in Cootehill, where she carried on the trade of a butcher. The defendant served an ejectment process, and an agreement was entered into between parties, by which the defendant got up certain premises, which had been occupied by the plaintiff as a slaughterhouse. On obtaining possession, the defendant levelled the slaughterhouse, and had the debris thrown on what the plaintiff contended was her "dunghill," but what the defendant held was a mere hollow, with some turbid water in it. Subsequently a second ejectment process was taken, and the plaintiff was discovered by the defendant removing the manure with an ass and cart. He claimed the manure as his; the plaintiff also claimed it, and persisted in removing it. The defendant swore informations had the plaintiff arrested under a warrant, and for that arrest, and the imprisonment consequent upon it, the present action was instituted for the purpose of recovering the amount of damages claimed. The defence was that the manure belonged to the defendant, that he had a right to have the plaintiff arrested for stealing the manure, and that he did so "bona fide" and without malice.....
His Lordship having charged at considerable length, the jury found for the plaintiff £10 damages....
This terminated the civil business, and his lordship rose at an early hour.
LANDED ESTATES COURTS--JULY 6
(Before Judge Hargreave)
SALES
COUNTY OF MEATH
In the matter of the estate of Ismenia O'CONNOR, owner; Henry Knox COURTNEY, petitioner.
Lot 1. Two undivided fifth-parts of a fee-farm rent of £34, issuing out of the lands of Ardmulchan, known as the Stackallen Mills and premises; net profit rent £13 12s. Mr. VANCE bought at £210.
In the matter of the estate of James SHEILS and others, owners and petitioners.
Part of the lands of Lisnagrogh, held under lease for lives renewable for ever, containing 80a.3r. 8p.; yearly rental £40 15s. 8d., subject to an annuity of £36 18s 5½d., for the life of a lady, now aged 78. Sold to Mr. W. K. CLAY, in trust, at £790. Mr. MACREADY, solicitor.
In the matter of the estate of James BROWNE, owner; Cornelius BYRNE, petitioner.
COUNTY OF WESTMEATH
Part of the lands of Killivally, containing 42a. 24. 9p., held for four lives, or for 41 years from 1846; estimated profit rent £37. Mr. CARROLL bought this, in trust, at £28-. Mr. GUNNING, solicitor.
July 18, 1863
LOCAL NEWS
INQUEST--William POLLOCK, Esq., one of the coroners of this county, held an inquest on Sunday last, in the County Infirmary, on view of the body of a young man named John HARK, who came by his death under very painful circumstances. It appears that the deceased and a fellow workman, named Hugh GIBNEY, both in the employment of the Hon. Richard Maxwell, of Fortland, Mountnugent, were working in that gentleman's garden on the 10th of last month, when they commenced joking with each other, and Gibney, who had a garden sheers in his hand, flung it unintentionally after the deceased, which caught him on the leg, and inflicted the wound from the effects of which he died. Andrew MEASE, Esq., Surgeon, County Infirmary, being sworn deposed that the deceased, John Hark, was admitted into the Infirmary on the 18th June 1863; he had received a deep puncture wound in the back of the leg...about ten days before his admission. Dr. Mease, on removing the bandages....perceived symptoms which induced him to propose amputation of the leg as the most probably means of saving the patient's life. To this course the patient himself and his family most decidedly objected. The disease in the deep vessels of the leg made progress...gangrene extended upwards.....the patient died on the 11th day of July, at two o'clock a.m., in the presence of his father and brother. The porter of the Infirmary, the resident pupil, Mr. CLARKE, and the Surgeon, were also present....from their testimony that Hark lost his life through accident. The jury returned a verdict to that effect. Gibney, who has been in custody since it took place, was present at the inquiry and seemed much affected. He remains in custody to sand his trial.
July 25, 1863
At the Antrim assizes the charges against J. B. BARBOUR and Robert BARBOUR, for bribery at the Lisburn election, are postponed till the next assizes, on the application of Mr. JOY, Q.C. The Attorney-General, on part of the Crown, consented, the ground of postponement being that a material witness had disappeared.
CAVAN PETTY SESSIONS
MONDAY, JULY 20
(Before William Babington, Esq., J.P., Chairman, and Captain Erskine, J.P.)
Peter SMITH summoned Bernard COLLINS, Thomas COLLINS, Francis COLLINS, John COLLINS, John BIRMINGHAM, John M'ENROE, and Patt BRADY, for rescuing hay seized under a barrister's decree.
Mr. Tully appeared for the complainant and Mr. M'Guaran for the defendants.
The complainant deposed that he obtained a decree in January last against a man named Philip RAHILL; went to Rahill's land and seized a quantity of hay; Denny M'CABE, the bailiff, and his son were with him; Bernard Collins threatened to "rip him open" if he did not leave the field; left watchmen in care of the hay but they had to remain some fields off in dread of the "young Rooshans"; the Collinses kept firing shots and would not let anyone near the hay; witness advertised the hay for sale; the defendants conveyed the hay across the river before the day of sale.
To M'Gauran--Bernard Collins claimed the hay as his property, and said he bought it from his sister, Mrs. Rahill; Phil Rahill went to America a day or two after he obtained the decree.........
Informations were taken against all the defendants, except Birmingham and Brady, and the case was re-returned for trial to the next Quarter Sessions.
ASSAULT
Catherine MURRAY summoned John COLLINS for an assault and trespass. The case arose out of the former one. Catherine Murray deposed that when endeavouring to prevent John Collins from bringing hay through her land he dragged her about and knocked her down; the Collinses cut down her meadow to make a car way....John DONOHOE proved that the defendant dragged the complainant out of the gap and knocked her down.....Phillip MURRAY proved that there was a pass through the complainant's meadow.
Mr. Babington considered it was a matter for the landlord to arrange, and "nilled" the summons.
WAGES
Ellen DUFFY summoned Bernard MAGUIRE for 11s. wages. The plaintiff proved that she hired with the defendant in May last; at the time of her hiring it was stipulated that if she got a letter from America before her time expired, she should be allowed to go, and be paid for whatever time she had served.
The defendant said he was not aware that the plaintiff was hired in the manner she stated.
A decree was granted for 9s.
PROCESSES
Mr. Robert MERVYN sued Daniel SHERIDAN for £1 16s. for shop goods. Mr. Mervyn proved the debt, and a decree was granted.
Mr. Mervyn sued George CARMICHAEL for £1 17s 10½d for shop goods. Carmichael said the debt was contracted by his son, and he knew nothing about it whatever. Mervyn said the son lived with the defendant; on another occasion he had to process for goods obtained in a similar way, and the defendant paid the money. The Court granted a decree. Carmichael notified his intention of entering an appeal.
DETAINING "SPRIGGING" WORK
A girl named Bridget M'MAHON was brought before the Court at the suit of Messrs. Robert and William STEWART, charged with detaining "sprigging" work, and retaining some cotton their property.
Mr. John HARRIS, the local manager of the firm, deposed to having given the accused some "sprigging" work, which she returned in an unfinished state; gave her some cotton which she has retained; giving her credit for what she returned, she has retained about two cuts and a half; its value is about 8d.
The accused said that she did not get sufficient thread for former work, and had to borrow some which she paid back.
Mr. Babington--Has she done the work to your satisfaction heretofore?
Mr. Harris said he never had any complaint against her till the present. It was the frequency of such cases that caused him to institute the present proceedings.
At the suggestion of the Court it was arranged that the accused get a week to come to a settlement with Mr. Harris.
The Court then rose.
DISCHARGE OF THE MADDENS--The two MADDENs (father and son), in prison since the murder of the late A. J. JACKSON, Esq., have been set at liberty, there being no evidence to warrant there (sic) further detention.
DEATH OF GEORGE ROE, ESQ., D.L.
We regret to announce the death of George ROE, Esq., D.L., J.P., the intelligence of which arrived on Tuesday morning by telegram from Torquay, where the deceased gentleman had been staying for the last two months for the benefit of his declining health. He had been an invalid since last Christmas, when he was attacked with an affection of the chest. About six weeks ago he had an attack of dysentery, from which he never recovered; and the tidings of his decease had been expected for some days past. His death took place at five o'clock in the morning. Alderman ROE was elected a member of the Reformed Corporation of 1841, and succeeded Daniel O'CONNELL in the mayoralty of Dublin in 1843. He was since almost without interruption a distinguished member of the succeeding corporations. He held the office of High Sheriff of Dublin in 1847. A Liberal by politics, and an ornament of the party to which he was attached, he was held in the highest esteem for his integrity and demeanour as a gentleman and a citizen by men of all parties and creeds; and it is scarcely necessary to add that his death will be lamented by a large circle of friends as well as by the public. His remains will be brought over to Ireland for interment.--SAUNDER'S NEWS LETTER.
County Cavan Newspaper Transcription Project
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