Cavan Observer
Published in Cavan, county Cavan
March 7, 1863
Missing Friends, next of Kin, &c.
MESSRS. GUN & CO., the old established American and Colonial Agents, have been for some time successfully engaged in discovering the whereabouts of persons Abroad who have for long or short periods been lost sight of by their friends in this Country. Personal inquiries made through Correspondents, with whom Messrs. GUN and CO. are in constant communication in most of the Principal Towns and Cities in the United States and Canada, as well as in all the other British Colonies, have been almost invariably attended by success, when all other means, such as Advertising, &c., &c., have failed. Where the person sought for is dead, a Certificate of death, properly attested, is procured, if necessary. If property has been left, Messrs. GUN and Co. undertake the recovery of it. Messrs. GUN and CO. also procure Copies of Wills, Affidavits, and all other Legal Documents; and also collect Accounts, institute Inquires, and transact all kinds of Legal Business Abroad.
All inquiries must be accompanied by a fee of 2s, in stamps, to insure any attention being paid to it.
As Foreign Advertising agents, Messrs. GUN and Co. are Agents for the lading Newspapers in the United States, Canada, East and West Indies, Australia, &c., for all of which they receive Advertisements and Subscriptions.
Four Hundred Foreign Papers received Weekly, and Filed for Reference. List of five hundred of the Leading Papers in the United States and Canada, with all particulars, post free for 6d.
Messrs. GUN and CO. also keep an Unclaimed Money Registry, being a List of 40,000 Names of Parties whose Heirs, Legatees, or Creditors have been advertised for since the year 1752, in the English, American, Indian, and other Papers. Fee to search for Name, 3s in stamps.
GUN and CO., 19 Craven Street, Stand, London, W.C.
***Lists of Killed, Wounded, and Missing in all the recent battles in America, carefully prepared by GUN and CO. Search fee, 5s.
LOCAL NEWS
CHARITY SERVICE--On Sunday last the Lord Bishop of Kilmore preached a charity sermon, in Cavan Church, on behalf of the County Cavan Protestant Orphan Society. After the sermon a collection was made, when a sum of £16 was contributed, including £5 from Baron FITZGERALD, and £1 from Mr. Justice HAYSE.
TOBACCO MANUFACTURE--In the debate in the House of Commons, a few nights since, on the Tobacco Duties Bill, it was stated by Sir Hugh CAIRNS that the Tobacco manufacturers of Cavan paid annually £150,000 duty.
BURGLARY--On Wednesday night the residence of Charles HILL, Esq., in the Main-street of this town, was broken into and some property stolen from the larder. Mr. HILL has offered a reward for the conviction of the thieves.
BIRTHS
March 4, at Belturbet, the wife of John ROGERS, Esq., J.P., of a daughter.
March 3, at 28, Pembroke-place, Dublin, the wife of Sir Bernard BURKE, of a son.
March 3, at Swords, the wife of Major-General James CLARKE, of a son.
MARRIED
January 14, at Baroda, Alexander MALCOLMSON, Esq., H.M.'s 95th Regiment, to Isabella Catherine Mary, daughter of Major Bidwell EDWARDS, K.H., late of H.M.'s 3rd Light Dragoons.
DIED
March 3, at 10 Warren Place, Corke, Rebecca, widow of the late William Russell CREED, Esq., barrister-at-law.
March 4, at his residence, Belvidere Lodge, Newry, after a short illness, James HENDERSON, Esq., proprietor of the NEWRY TELEGRAPH, in the 66th year of his age.
At Adelaide, Australia, Addison Shaw, fourth son of the late Captain A. LOWE, 47th Regiment.
ASSIZES INTELLIGENCE
COUNTY CAVAN--SATURDAY, MARCH 2.
At ten o'clock this morning the Commission for this County was opened before the Hon. Baron FITZGERALD. The following Grand Jury having been re-sworn, for the discharge of criminal business, by H. A. RAE, Esq., Clerk of the Peace, his lordship addressed them on the state of the calendar. (The address appeared in our last issue):--
Lieutenant-Colonel the Hon. Hugh ANNESLEY, M.P., Castlewellan, county Down, foreman.
William HUMPHREYS, Esq., Ballyhaise House, Hon. Richard Thomas MAXWELL, Fortland, Lieutenant-Col. Henry Theophilus CLEMENTS, Rakenny, Tullyvin, Hon. Henry Cavendish BUTLER, Innisrath, Lisnaskea, Anthony O'REILLY, Esq., Baltrasna, John Edward VERNON, Esq., Erne Hill, Belturbet, Captain George De La Poer BERESFORD, Aubawn, Killeshandra, Edward Robert NUGENT, Esq., Bobsgrove, David Fielding JONES, Esq., Nahilla, Belburbet, Captain Robert J. CUMING, Crover, Mountnugent, William Armitage MOORE, Esq., Arnmore, Cavan, Henry O. SAUNDERS, Esq., James STORY, Esq., Ture, Belturbet, Captain M. PHILLIPS, Glenview, Belturbet, William TATLOW, Esq., Harcourt-st., Dublin, Captain ERSKINE, Cavan, Nathaniel MONTGOMERY, Esq., Gowla, John ROGERS, Esq., Belturbet, John H. ADAMS, Esq., Northlands, Shercock, James HAMILTON, Esq., Castlehamilton, Killeshandra.
The Grand Jury then proceeded to consider the bills of indictment, and his lordship fiatted the several presentments agreed to. A petty jury was then sworn, and the criminal business gone into.
ATTEMPT TO COMMIT LARCENY
Mary A. O'CONNOR, a young woman of about 25 years of age, was placed at the bar, charged with unlawfully entering the house of Mr. Patrick DUFF, of Farnham-street, in this town, with intent to commit larceny.
Mr. HENDERSON, Q.C., and Mr. S. Y. JOHNSTONE, prosecuted for the crown. The prisoner was undefended.
Margaret O'HARA examined by Mr. Henderson--Am a servant of Mr. DUFF's, and recollects the 13th of February; went of a message on that evening; went out through the hall door, which she fastened after her; the back door was also fastened by a latch; but it could be opened from the outside; when returning with the message she saw light in her master's bedroom; went to the parlour and told her master of the circumstance, and then proceeded to the bedroom; when she opened the door she saw a person concealed under the bed; pulled out the door and called her master; when he came up the bedroom door was locked by a person inside; her master told her to go for the police, but witness was not present when the police arrived; knew the prisoner before this night; she was a servant of Mr. Duff's for five or six years.
Mr. Patrick DUFF examined, by Mr. S. Y. JOHNSTONE--Remembers the last witness being sent of a message on the evening of the 13th of Feb; she went out by the hall door which was closed after her; she was absent about an hour, and when she returned she reported that there was a light in his bedroom; desired her to go up stairs and see what caused it; went up stairs immediately after; saw his servant with a hold of the door handle, and heard some person inside lock the door; tried to get into the room, but the person inside would not open it; sent his servant for the police, and told them to break open the door; the prisoner was found in the room concealed under a lady's dress; the prisoner was a servant of his for six years; there was nothing removed out of the room; the prisoner did not come into the house with his consent or knowledge.
The prisoner requested his lordship to ask Mr. Duff questions, to which he replied as follows:--Met the prisoner on the evening in question when returning from my office; she asked me for money which I refused to give her; Mr. CAFFREY and Miss KELLY came to visit at my house on that evening; it was while the servant was of the message they came there; opened the hall door myself, and is positive the prisoner did not then enter the house; sent the prisoner money on one occasion in consequence of her alleging I had a child by her while in my service; never promised to send the prisoner to America if she would keep the child from being seen in Cavan; never knew of her to come to my house since she left my service.
James ANDERSON, Acting Constable of the Cavan Constabulary, deposed to having went to Mr. Duff's house on the evening in question; broke open a bed room door and found the prisoner concealed under a lady's dress; the prisoner had her own boots rolled up in her apron at the time.
His lordship charged the jury, telling them they should be satisfied of the intent of the prisoner to commit larceny. The jury acquitted the prisoner without leaving the box.
FELONIOUS ASSAULT
Michael QUILLAN was indicted for a felonious assault on Anne IRWIN, at Arvagh, on the 15th of January last. The details were of a nature to preclude publicity. The prisoner was acquitted.
MANSLAUGHTER
Mathew M'GARRY, a man of about 60 years of age, was charged with inflicting injuries on the head of Bartholemew KENDELAN, with a spade, of which he died. The prisoner pleaded not guilty.
James KENDELAN examined by Mr. HENDERSON--Lives at Barroween in this county, and am son of the deceased; the prisoner and deceased held land under Mrs. GOGHERTY; the prisoner had a right of pathway through deceased's land which he attempted to alter; witness and deceased endeavoured to prevent it; an altercation followed, and blows ensued, during which the prisoner drew a spade and hit deceased with it twice on the head, which caused him to fall against the ditch; the prisoner also hit the deceased with his fist on the face; the occurrence took place on the 26th of last June, and deceased was confined to his bed for 21 days after; he died on the 20th of August, while cutting grass near his own dwelling....
Elizabeth KENDELAN, examined by Mr. Johnstone--Am wife of the last witness; recollects the day of the quarrel between the deceased and the M'Garry's; her husband was making up a ditch when he was attacked by them.....The witness was cross-examined by Mr. Henderson at some length, but nothing material elicited.
Thomas KENDELAN proved that his father went out to cut grass on the morning of the 20th August, and was found dead near a pool of water convenient to his dwelling.
Dr. SHARP deposed to having made a post-mortem examination of the deceased, and that he died from extravasation of blood on the brain; and believed that deceased might have died from apoplexy or from the result of wounds received some time previously.
Mr. Richardson addressed the jury for the defence, and contended that there was as much probability of the deceased having died of apoplexy as from the result of a blow.
Matthew M'GARRY, Thomas M'GARRY, and Susanna M'GARRY, children of the prisoner, proved that deceased and his family were the first aggressors, and that the prisoner and his party were making up the pathway as they had been ordered by their landlady.
The jury, after upwards of two hours deliberation, returned a verdict of guilty.
His lordship sentenced the prisoner to six months imprisonment with hard labour.
RIOT AND ASSAULT
Matthew and Thomas M'GARRY and Susan and Margaret M'GARRY were charged with riot and assault in connection with the previous case of manslaughter. Mr. Richardson, on the part of the prisoners, pleaded guilty. The male prisoners were sentenced to one fortnight's imprisonment, and the females were discharged, on entering into their recognizances to appear for judgment when called on.
HOMICIDE
William WHITE, aged 29, was charged by a verdict of a Coroner's jury, with causing the death of John GRAHAM, in consequence of a blow with a swinging-tree or a plough, at Carragh, on 20th February. Mr. Henderson, Q.C., and Mr. Irwin prosecuted for the crown. Mr. Dowse, Q.C., defended the prisoner, advised by Mr. John Armstrong, solicitor.
James MAXWELL, examined by Mr. Henderson--Remebers the evening of the 20th of February; was working with the prisoner on his land at Carragh; the prisoner had a horse belonging to the deceased ploughing; between five and six o'clock on that evening deceased came into the field, and when near where the prisoner and witness were working, he said, "White, are you going to work my horse all night"; White replied he was not, and that he had ordered the boy, (deceased's son), to take home the horse; deceased then called prisoner "a rascal, and not able to feed man or horse"; the prisoner said he was better able to do so than deceased......
James DONOHOE deposed to having endeavoured to prevent the parties quarrelling; took hold of White and wanted him to come away, when he said he would not leave his own field for any one....To Mr. Dowse, Q.C.--Deceased was in liquor; he was very unruly when he took a glass.
John QUINN, a servant of prisoner, corroborated the evidence of the previous witnesses...
Dr. KENNY deposed to having attended the deceased shortly after receiving the blow; he had a wound on the top of the head, and another on the side of the head....
The Petty Sessions Clerk of Killeshandra, gave the prisoner a good character. Mr. Matthew LOUGH, of Cavan, proved that he knew the prisoner for many years as a steady, sober, quiet man.
His lordship charged the jury, who, after a short deliberation, acquitted the prisoner.
MONDAY
(Before Baron Fitzgerald)
Bernard DUFFY, aged 63, was indicted for sending a threatening letter to Mr. William NORTON, Hollypark, Arvagh, in this county.
Informations had been taken against Michael DUFFY, a son of the prisoner's who left the country shortly after the letter had been written...
Mr. NORTON deposed to having received the letter on the 19th of last June; shortly before the receipt of the letter the prisoner asked witness to give him up land which he had some time previously purchased from him. [Here witness was handed other letters which had been found in the prisoner's house, and on comparing them with the one he received, swore, to the best of his belief, they were all in the prisoner's handwriting.]
Sub-Inspector M'CLINTOCK, and two of the constabulary force, deposed as to finding the letters in the prisoner's house. A brother of the prisoner proved that one of the letters produced was in his brother's handwriting, but that the others were not.
Mr. HILL, agent to the estate on which DUFFY, the prisoner, lived, did not believe the letter to be in his handwriting.
The jury found the prisoner guilty, and the Court sentenced him to four years penal servitude.
WHITEBOYISM
Michael WILSON, Patrick SHERIDAN, Owen O'BRIEN, Edward HUSSEY, Mathew O'BRIEN, Bryan HENRY, Terence CALLERY, Peter HARTIN, James MAGAGHRAN, Patrick KELLY, Bartholomew FLYNN, Edward MANLY, were placed in the dock, charged, that on the night of Sunday, 1st February, with others, did violently assault John COYLE in his own house, and with stealing a gun, his property.
The prisoners were all young men, one of them (Terence CALLERY), only sixteen years of age.
John COYLE sworn and examined by Mr. HENDERSON, Q.C.--Am a water bailiff, whose duty it is to protect the fishery; recollects the night of Sunday the 1st of February, a knock came to the door on that night; told his daughter to open it; a neighbour named James LYNCH was in the house at the time; Terence CALLERY, Bryan HENRY, Michael WILSON, and Bartly FLINN immediately entered the house (identifies them); some of them struck me on the head with a stick and knocked me into the fire; got up and was again knocked down and beaten; other parties came in, and the house soon nearly filled; is satisfied that the persons he mentioned were concerned in beating him; managed to crawl to the door and close the room against them......
Mary COYLE sworn and examined by Mr. Irvine--Remembers the night of the 1st Feb. a party of men entered her husband's house on that night......Cross-examined by Mr. Richardson--Was greatly frightened on the occasion; Bryan HENRY put out the fire....
Mr. NUGENT, of Bobsgrove, before whom the informations were sworn, gave evidence as to the correctness of the informations.
John COYLE, jun., examined by Mr. Henderson--Am son of the prosecutor; was in his father's house on the night of the 18th February, when a party of men came there, who beat his father, and took away his gun....Cross-examined by Mr. Dowse, Q.C.--The prisoners had no disguise; they were all neighbours, and in the habit of coming to his father's house; did not swear that a boy named CUMISKY was of the party......
The defence was an alibi, and 25 witnesses were examined on the part of the prisoners to establish their innocence. The witnesses were either friends or relatives of the prisoners, and prevaricated very much in their testimony.
James LYNCH, whom the prosecutor stated to having been in the house on the night of the occurrence, swore that none of the prisoners at the bar were of the party who beat him......The Rev. Mr. FEGAN, parish priest, gave all the prisoners a good character except WILSON, who being a Protestant he said he had no knowledge of.....
The jury after a deliberation of an hour and a-half found the prisoners guilty, and his Lordship, in sentencing them, dwelt with much force on the heinous nature of the crime of which they were found guilty.
Terence Callery, Michael Wilson, Bryan Henry, and Bartholemew Flynn were each sentenced to three years penal servitude. Patrick Sheridan, Owen O'Brien, Mathew O'Brien, Peter Hartin, James Magaghran, Patrick Kelly and Edward Manley to 18 months imprisonment, with hard labour, and Edward Hussey to nine months; imprisonment. The case was looked to with much interest, and occupied nine hours in its investigation.
MONDAY
CROWN COURT
(Before Mr. Justice Hayes)ASSAULT
William MONTGOMERY was indicted for having on the 18th November last assaulted James TIERNEY, so as to inflict upon him grievous bodily harm. The prisoner pleaded not guilty.
Mr. S. Y. Johnstone and Mr. S. M. Greer prosecuted on the part of the Crown, and Mr. J. Richardson, instructed by Mr. John Armstrong, defended the prisoner.
James TIERNEY sworn--I was at the fair of Arvagh on the 18th of November; I was in a public-house kept by Mr. COSTELLO; I went into the house with a woman who was looking for her husband; we went up stairs and sat down to drink a naggin of punch; I was standing up against a settle-bed when the prisoner came in, shouted for a Tierney, struck me with a blackthorn stick, and knocked the eye out of me; I never had any quarrel with him.
Cross-examined by Mr. Richardson--I was not drunk, but I could not tell how much whiskey I drank; I was before the magistrates for quarrelling, and was imprisoned for a fortnight for quarrelsome conduct; I was taken up for drunkenness, and for quarrelling with the police; I swear that it was the prisoner who struck the blow.....I had no dispute with any person that day...
Ellen PINKMAN deposed that she saw the prisoner stroke the prosecutor. Cross-examined by Mr. Richardson--I never said that night that it was another man who struck Montgomery; I thought to get out of swearing the Montgomery was the man at the Petty Sessions, because I was afraid of my life; I never said to any one that Montgomery was not the man; I could see as much with one eye as another could with two.
John COSTELLO sworn--I am the owner of a public-house in Arvagh; I remember the occurrence; I heard a noise up stairs as if some persons were fighting, or about to fight; I ran up, saw people standing in a state of excitement, and I asked what it was all about; the Tierneys said their brother was struck, and they should have satisfaction; I told them that if they knew the prisoner who struck him, the proper course was to summon him, but I would allow no fighting; Ellen Pinkman pointed out the prisoner; I put out all the persons I saw in the room at the time.....
Terence REILLY deposed that he was in the room at the time of the occurrence, but did not see the prisoner strike Tierney.......
Doctor Jacob SPROULE deposed that he was called in to see the prosecutor, found him in bed in a state of stupefaction, and having the appearance of concussion of the brain, and his eye had the appearance of a ball of blood; the wound was caused by some blunt instrument, and was dangerous; the prosecutor had permanently lost the sight of his eye.
William LANG deposed to having separated the prosecutor and the prisoner who had a hold of each other; he held the prisoner, and whilst holding him the blow was given to the prosecutor, but the prisoner could not possibly have given it; the witness Pinkman accused himself of striking the blow.
William YOUNG deposed that Lang separated the prisoner and prosecutor, and that Tierney got the blow whilst Lang had a hold of Montgomery....
Some other witnesses were examined, and the jury acquitted the prisoner, who was accordingly discharged.
HOMICIDE--FURIOUS DRIVING
Patrick SMITH was indicted for furious driving whereby he caused the death of Letitia SCARLETT. It appeared from the evidence that the deceased was standing opposite Mr. THOMPSON's gate, near to the town of Cavan; beside here was a donkey-cart and the driver; the prisoner was driving very fast along the road....She, endeavouring to avoid the danger, in her fright ran into it, and the horse knocked her down, and the wheel of the car ran over her chest, breaking nearly all her ribs; she was afterwards conveyed to the hospital by Mr. NAPIER, who witnessed the transaction, but died shortly afterwards.
His Lordship sentenced the prisoner to three months' imprisonment.
LARCENY
Maria M'NAMARA was then indicted for stealing bank post bills to the amount of £40, from her master, Mr. VALENTINE, sub-Inspector of Constabulary. She was convicted, and his Lordship, in passing sentence, said that the breach of the confidential relations between master and servant was one that he must deal with more severely than ordinary larcenies, and sentenced the prisoner to twelve months' imprisonment.
FORGERY
John WARD, Kilcrossduff, Shercock, well known as circulator of the thousands of lottery circulars through the Post-office, without condescending to pre-pay the postage, and inviting those who no doubt would have gained a large fortune had they responded to the invitation, to communicate with "John Ward, Esq., P.L.G., Kilcrossduff, Shercock, county Cavan," was indicted for forging a certain acquittance for money, and for uttering a receipt for money, well knowing it to be forged.
Mr. Dowse, Q.C., stated the case for the Crown. It appeared that a widow of the name of Mary OWEN had six sons serving in the 49th Foot, all distinguished soldiers, and some decorated with the Victoria Cross and other marks of bravery. The prisoner, knowing this, wrote to the Queen on behalf of the widow, and received a reply from Colonel PHIPPS, enclosing a cheque from her Majesty for £20. She received the money. About two months afterwards the prisoner suggested that if application were made to the proper authorities she might get a pension. She consented, and a petition was presented to the War Office on her behalf. Mary Owen then went on a visit to Scotland, and while there received a letter from the prisoner, stating that he received a communication from Sir G. Cornewall LEWIS, and that if she would send him over the Queen's letter, as he called it, he thought he could get her a pension. Subsequently he informed her that he had received a communication from Lord Palmerston enclosing £20 (in reality it was for £30), but refusing a pension. An order was subsequently forwarded from the Treasury Chambers on the Paymaster General for £30 out of the Royal Bounty Fund, to pay Mary Owen that sum. Ward presented this order at the bank in Bailieborough, signed by a mark which he represented as that of Mary Owen. The clerk at the bank paid Ward the £30, and the prisoner forwarded Mrs. Owen £4 19s., and though she wrote for the remainder of the £20 which he said he had got, he never paid her.
The jury found the prisoner guilty upon the evidence. His Lordship, in passing sentence, said the prisoner had been convicted most properly of a very serious offence...and the sentence of the Court was that he be now imprisoned for eighteen calendar months, and kept to hard labour.
The business of the assizes concluded on Monday evening, and their lordships proceeded to Enniskillen on Tuesday morning.
March 14, 1863
MARK OF ESTEEM--The Hon. Somerset MAXWELL, having lately given possession of nearly 100 acres of land to Dr. T. MAWHINNY, Ballyjamesduff, a large number of the friends of the latter gentleman, some of them from a distance of eight miles, assembled on Saturday, the 7th instant, with fifty ploughs, and turned over 24 acres of the grounds intended for cropping. The ploughmen displayed great ability, and performed their work in a very superior style, eliciting much praise from the many spectators present. All parties were entertained by Doctor and Mrs. Mawhinny with a substantial dinner in the spacious mansion on the premises, and having been fully supplied during the day with other refreshments, parted in the evening highly pleased. Samuel KENNEDY, Esq., Spring fields, and Mr. WOODS, land steward, Arley Cottage, kindly volunteered their assistance, and by their skilful arrangement and judicious management added much to the success of the day...
Daniel WARD has been found guilty in Belfast of the murder of Charles WILGAR, and sentenced to death.
A respectable man named Joseph HARCOURT has been committed for trial on the charge of inciting two persons to murder a gentleman of property residing near Newry.
The inhabitants of Enniskillen have petitioned the Lord Lieutenant to put that town under the operation of the Towns' Improvement Act.
MARRIED
March 10, at St. Stephen's Church, Dublin, by the Rev. R. J. L. M'GHEE, Arthur, second son of Colonel Knox GORE, of Belleek Manor, county Mayo, to Harrietta, only daughter of Richard M. CARDEN, Esq., Fishmoyne, Tipperary.
March 13, at Arva, by the Perpetual Curate, Mr. Gilbert POYNTON, Carrigeen House, county Roscommon, to Mary, second daughter of Mr. Blayney GRIER, of Corrinairy Lodge, county Cavan.
DIED.
February 18, at New York in the 26th year of his age, Patrick, son of Mr. Patrick M'MAHON, Cavan.
March 21, 1863
CAVAN PETTY SESSIONS
MONDAY, MARCH 16
(Before Theophilus Thompson, Esq., Chairman; and William Babington, Esq.)RESCUE AND ASSAULT
Edward M'CABE summoned Patt GALLIGAN for a rescue and assault. M'CABE proved that he went to defendant's residence to execute a decree at the suit of Mr. KETTYLE; seized an ass, which defendant rescued; he took hold of witness by the collar of the coat and assaulted him
Defendant denied having rescued the ass from the bailiff; he took the ass from Mr. Kettyle's son, as there was enough of property in the house to satisfy the decree.
The Court took the informations of M'CABE, and returned the case for trial to the Quarter Sessions.
ASSAULT
Sub-Constable James LOGAN summoned Thomas HAIGUE for an assault. LOGAN deposed that on the evening of the 10th inst. he had a prisoner in custody when defendant came up and wanted him to let the prisoner go; defendant then caught hold of witness and dragged him. Sub-Constable M'CARNEY corroborated the evidence of LOGAN.
Mr. Thompson said he was sorry to see a respectable young man like the defendant commit himself in such a way. Mr. Babington observed that it was a serious offence to interfere with the police in the discharge of their duty.
The Court, in consideration of its having occurred on the wedding day of the Prince of Wales, only fined the defendant 5s. and costs.
WAGES
George STIRLING summoned Mr. George BUCHANAN for £1 wages. STIRLING proved to having been employed by the defendant to hang bells at Moyne Hall, and that the sum sued for was due him.
Mr. BUCHANAN said the defendant agreed to do the work subject to the approval of Mr. HAIGUE, the architect, and as soon as that gentleman inspected the work he was willing to pay him.
Mr. Babington--I believe Mr. Hague resides in Dublin, and seldom comes down here. If the work is not inspected for a year is the defendant to remain out of his money? Mr. Buchanan said Mr. Haigue frequently inspected the work.
The Agreement was handed to the Court, who, after reading it, nilled the summons.
CARELESS DRIVING
Constable M'ILWAINE summoned Robert Watson for driving without reins and endangering the public safety by his neglect.
The Constable proved that defendant was in care of two horses and carts; the foremost horse was without reins, and defendant was asleep on the car behind; he appeared stupid, and the horses were asleep.
Mr. Thompson--It is very dangerous to the public safety for person in charge of horses to set in such a careless manner. Mr. BERRY, when driving home, broke his gig and hurted his shoulder in consequence of the neglect of the defendant. The defendant was fined 10s. and costs.
PROCESS
Miss MURRAY summoned George CARMICHAEL for 13s. for repairing a clock and watch. John MURPHY, a workman of Miss Murray's, proved the debt, and a decree was granted.
STREET BEGGING
Two persons were brought up, at the suit of the Cavan Board of Guardians, charged with street begging. The offence was proved, and the parties were sent to gaol for a fortnight.
There were not other cases of interest.
March 28, 1863
THE ALLEGED CASE OF POISONING NEAR BALLYMENA
On Saturday the inquiry into this mysterious case was resumed in the Court House, Ballymena.
The magistrates present were--Charles HUNT, Esq., R.M.; John PATRICK, Esq., J.P.; A. T. DICKEY, Esq., J.P.; and Alexander DAVISON, Esq., J.P.
Mr. O'RORKE prosecuted; Mr. M'KILLOP appeared for the next of kin of the deceased; Mr. ORR and Mr. M'LEAN appeared on behalf of Dr. COURTNEY.
Mr. O'Rorke said as there were some magistrates on the bench who were not present yesterday, he would be obliged to repeat the statement he made on the previous evening, when he asked the magistrates to remand Dr. Courtenay. It was stated in the papers, he said, that he applied to have the prisoner returned for trial, but what he meant was that he should be returned for further examination prior to final committal.
Mr. Patrick said he had read Mr. O'Rorke's speech carefully, and it was unnecessary that he should go over the same ground again.
Mr. O'Rorke said that only a summary of his speech appeared in the newspapers, and therefore he would be obliged to repeat it again. He said that he intimated yesterday that with Dr. Shaw's evidence the inquiry would at present terminate. He stated that there were witnesses who could not be brought forward at present, and that these would afterwards be examined in presence of Dr. Courtenay and his legal advisors, the further investigation into the case to be conducted in private.
Mr. Davison--Why do you apply to have the investigation conducted in private?
Mr. O'Rorke--I have no particular reason that it should be private, only I think it would be more convenient to hold it in the magistrates room.
The magistrates here consulted.
Mr. Hunt--The magistrates are of opinion that the investigation should be continued in public as it has commenced. On what day do you propose to have it?
Mr. O'Rorke--We cannot have it till after the sessions. I would say Tuesday, the 21st of April.
This was agreed to by the gentlemen on the opposite side.
Mr. M'Lean--I think you should send the evidence to the Attorney General, in the meantime.
Mr. O'Rorke--It has been sent to the Attorney General from day to day.
Dr. Courtenay was then admitted to bail, and the proceedings terminated.
THREATENING NOTICES--ARMAGH, 18th MARCH.--On the morning of the 15th instant, two threatening notices were found posted on the doors of the dwelling-houses of Robert O'HANLON and Edward O'HANLON, farmers, residing in the townland of Mullaghbawn, and barony of Upper Orier, threatening them. Having recently come into possession of some meadow land, which was partly occupied by other tenants some time previously, is supposed to be the motive for posting these notices.--"Newry Herald"
WESTWARD HO ! --The exodus has already commenced, and never were so large a number anxious to leave the country, had they the means to defray the expenses of the voyage. They leave Ireland as if they fled from a falling house. But for the unsettled state of America the small farmers and peasantry would bid farewell to Ireland in numbers, which would startle our rulers and landlords. The cost of a passage to Melbourne, Queensland, or New Zealand, is too high for the Majority of emigrants; and those who leave for the Southern hemisphere have for the most part received assistance from relatives who have preceded them. America seems to be the destination of the Celtic race.--"Western Star."
LOCAL NEWS
EMPLOYMENT FOR THE POOR-It is satisfactory to be able to state that the temporary distress which prevailed in this locality some weeks since is fast subsiding. As regards employment, things have absolutely reversed; and instead of there being any difficulty in labourers obtaining work, farmers are hard set to procure workmen. Labourers are now receiving 2s 6d a day, and with provisions at their present low rate, this must be considered good wages.
ABATEMENT OF RENT--We understand that Lady FETHERSTONE has given to her tenantry at Ballyjamesduff an abatement of 10s in the pound.
CAVAN GAS COMPANY--An extraordinary general meeting of the directors and shareholders of the above company was held on Wednesday at the gas works, in pursuance of notice. There were present the Rev. W. P. MOORE, Rev. Thomas MULVANY, Mr. James O'BRIEN, Mr. William HAGUE, Mr. Patrick FAY, Mr. James BROWNE, Mr. Joseph MAGUIRE, and Mr. Edward KENNEDY. It was unanimously resolved that Mr. Kennedy do take the chair. The Secretary read a statement of the accounts, &c., of the company, and after allotting a number of lapsed shares, and doing a good deal of general business, the chairman said he felt happy in congratulating the meeting on being in a position to declare a dividend of 5 per cent on their shares--cheques for which were accordingly signed by the chairman and directors.
The Pope has confirmed the nomination of the Rev. Nicholas CONATY, as Roman Catholic Coadjutor Bishop of Kilmore. The appointment is a very popular one, and the reverend gentleman has always been esteemed by the members of his congregation as an able and zealous pastor.
CAVAN PETTY SESSIONS
MONDAY, MARCH 23
(Before Theophilus Thompson, Esq., Chairman, and William Babington, Esq.)
Sub-Inspector NAPIER occupied a seat on the Bench.
WAYLAYING
Constable M'ILWAINE, of the Butlersbridge station, brought up four young men, named Patt CONNELLY, William M'CANN, Hugh FOY, and Patt SMITH, charged with assaulting Thomas REILLY on the night of the 17th instant.
Mr. S. N. KNIPE, solicitor, appeared for the complainant, and stated that his client was a man in the employment of Mr. JONES, and when returning home from the market of Cavan, was attacked by a party of four men, who beat him in a most brutal manner....
Thomas REILLY (whose face presented evident mark, of a severe beating) deposed that he resided at Drumcrow, and was returning home from the market of Cavan; heard in the streets of Cavan some one behind him say that "he would catch it before he went home"; looked round and saw Patt Connelly in the crowd, and suspected it was him who used the words; had a quarrel with Connelly some years since, and that was the reason he suspected him; witness and a boy named Patt CONNOR left Cavan about ten o'clock; he was attacked a short distance from the town and beaten; thinks it was near the workhouse, but could not positively say as he was drunk; when near Butlersbridge he was again attacked and beaten.....a man named Phil NULTY left the public house with him and Connor, and when they had proceeded a short distance down the road Connor and Nulty said they would go no farther and left witness; when they went away he was attacked....
Patt CONNOR sworn--Was returning home with the last witness about ten o'clock on the night of the 17th instant; when near the workhouse Reilly was attacked and beaten; witness was also knocked down; could not identify any of the prisoners as being of the party who attacked them...
Phil NULTY deposed that he was in Brady's public house at Butlersbridge when Reilly and Connor came in bleeding; they said they had been beaten, but that they did not know who did it....
A boy named BRADY proved to having seen Reilly get a blow when walking between Connor and Nulty; does not know the person who hit him; to the best of my opinion none of the prisoners were there....
Mr. Thompson--There is little doubt that the prisoners were the party who committed the assault, but we have no evidence before us to deal with the case summarily or send it for trial before another tribunal. The prisoners were found on the road, armed with sticks, lurking about watching their prey, and if the man had died from the effects of the beating they would be tried for their lives. I hope it will serve as a warning to all parties considered--to the prisoners in causing them to behave better for the future, and to the complainant to keep sober and go home at a proper hour.
The prisoners were then discharged.
FURIOUS DRIVING
Patt BRADY was summoned at the suit of the Constabulary for furious driving in the public street. Mr. Thompson said it was by his orders the summons was served. On Tuesday last, when going home, he observed a man standing up in his cart at the Infirmary, flog his horse, and gallop through the streets in a most furious way. There were three or four small children opposite Mr. M'CABE's door, who were in the greatest possible danger of being ran over. He (Mr. Thompson) called after the man, but he would not stop; and seeing a small boy following the car, he suspected he knew who the driver was, and brought him before the Petty Sessions Clerk to get his name....
Bernard BRADY (the boy alluded to by Mr. Thompson) proved that the accused was the person who was driving the cart on the occasion in question. The Court fined him 5s and costs; and gave the little boy 2s out of the fine, as a reward for telling the truth.
PROCESS
Mr. John MURPHY, of Cavan, sued Martin CUMISKY, for 12s for shop goods. Mr. Murphy's shopman proved the debt, and a decree was granted.
SUSPECTED LARCENY
A respectable-looking woman was brought before the Bench, charged with having in her possession wearing apparel, the property of Mrs. FINNEGAN, of Farnham-street. Mrs. FINNEGAN declined to prosecute the prisoner, as she was aware it was not she who stole the property.
Head-Constable MOORE said it was a clear case of receiving, and if the prisoner did not tell from whom she got the property, he would press the charge against her.
Mr. Babington--Do you expect to have further evidence if the case is postponed? Head-Constable Moore said he did. The case was postponed for a week.
ASSAULT
James O'BRIEN summoned James TIERNEY for an assault. O'BRIEN proved that he went as an assistant to take a horse under a Barrister's decree out of defendant's forge, when he was assaulted by him. Mr. Thompson asked for the decree under which he acted. O'BRIEN said he could not produce the decree, but Daniel LEDDY, the bailiff, could prove that he was acting as assistant when assaulted.
Daniel LEDDY proved that he employed O'BRIEN as an assistant to seize a horse in Tierney's forge, and while doing so Tierney assaulted him.....The Court considered O'Brien should produce the authority on which he went to Tierney's forge; and he not being able to do so the summons was nilled.
EXODUS OF THE IRISH PEOPLE--Upwards of 600 persons from Sligo and the neighbouring counties, proceeded from this port early this morning in the Shamrock steamboat, Captain STEWART, master, for Liverpool, en route for America. This is the second batch of emigrants who have left this part of the country within the space of a month.--"Sligo Independent."
County Cavan Newspaper Transcription Project
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