Cavan Observer
Published in Cavan, county Cavan
May 2, 1863
LOCAL NEWS
ABATEMENT OF RENT--We understand that John E. VERNON, Esq., has given to the tenants on his property in this county, an abatement of 25 per cent, on last year's rent, in consideration of the recent deficient harvests.
CONSIDERATE LIBERALITY--John G. TATLOW, Esq., is at present distributing fax seed to the tenantry on the several estates of which he is agent in this county. Assistance of this kind is both timely and judicious, and should be properly appreciated by the persons obtaining it.
CAVAN PETTY SESSIONS
MONDAY, APRIL 27
(Before Theophilus Thompson, J. P., Chairman; and William Babington, J.P.)ASSAULT AND INJURY TO A SOW
James CORR summoned Patt M'EVOY for hunting a dog at his sow, and also for an assault. CORR proved that the defendant hunted a wicked dog at his sow, and injured her severely....Corr proved that when he remonstrated with the defendant about hunting the dog at his sow he gave him a box that knocked him down. Two witnesses corroborated the evidence of Corr as to the assault.
A man, named REILLY, was produced for the defence, who proved that Corr came up with a stone to strike the dog, and came with such force against the defendant that he was knocked down.
The Court fined the defendant 5s and costs for the assault; and "nilled" the summons for injury to the sow.
LARCENY
Mr. Henry DOUGLAS charged Jane MURPHY, of Drumcalpin, with stealing from his shop a bag, his property. Mr. Douglas observed that many robberies had been committed about his place of late, and in order to put a stop to it he instituted the present proceedings.
William FOSTER, a shop-boy of Mr. Douglas's proved that he placed a slip of paper on the bag, and put it under the counter. William FORSYTHE, a boy belonging to the same establishment, proved to having seen the prisoner take the bag from under the counter, and to finding it in her possession.....The prisoner pleaded guilty, and said she would prefer their worships to try the case.
Mr. Douglas hoped the Court would deal leniently with the prisoner. His object was to deter others from a similar practice....
Mr. Thompson--You may thank Mr. Douglas for the Court considering your case in a lenient light. We could send you to gaol for six months, but in consequence of his interceding for you we will let you off with a month's imprisonment.
ASSAULT
John LAWLOR summoned Mr. John EBBIT for an assault. Lawlor deposed that on Friday fortnight he was waiting for a car to take him home to Killeshandra, when he met Mr. John REA who took him into ELMER's oyster shop; drank share of naggin of brandy with Mr. Rea and eat a few oysters; was in the act of putting his hand in his pocket to pay the reckoning when the defendant said "go to hell you Papist," and at the same time gave witness a blow that knocked him into the fire and broken his hat; were it not for Elmer he would have been destroyed
Mr. Ebbit--You have not sworn one word of truth. I never assaulted you.
Lawlor--John Elmer can prove that you did; but he is not here to-day
Mr. Thompson--Do you consider Elmer a material Witness?
Lawlor--I do, your worship.
Mr. Thompson--Let the case then stand for a week.Mr. Rea said he could not attend on that day week. The hearing of the case was then adjourned for a fortnight.
TRESPASS
William JOHNSTON, Esq., summoned Philip CAHILL for the trespass of a horse on his pasture. Mr. Johnston's man proved that he got the defendant's horse grazing on his master's pasture at ten o'clock at night, and the gate shut.
Mr. Thompson--It is a notorious fact that the defendant is constantly grazing on the public, or rather robbing his neighbours of their grass.
Mr. Johnston said he was put to a good deal of expense in having to pay a man at night to watch trespassers.
The defendant was fined 1s and 5s costs.
SERIOUS ASSAULT
Mr. John MATCHETT was summoned by the Constabulary for a serious assault on a man named James GILCHRIEST.
Mr. Babington said that on the 14th instant GILCHRIEST came to the County Infirmary with a very bad wound on his head he refused to swear informations against the person who inflicted the wound; and expressed his intention of proceeding against the party by civil action. The man could not be induced to remain in the Infirmary, and after leaving it he understood he walked to Mullingar and back. He (Mr. Babington) having been informed that the would was of a very serious nature, deemed it advisable to send Dr. MOORE to Gilchriest's house to see him; but when the Doctor went there the man was working at a ditch. Dr. Moore did not then think the wound a dangerous one, but if neglected it might become so. Gilchriest told the Constable that it was Mr. Matchett who gave him the blow, and as serious consequences were to be apprehended he thought it right to order summonses to issued that the matter might be investigated.....
It was arranged that the case stand over till next Court day, Gilchriest, in the meantime, to be summoned as a witness, and should he refuse to give evidence the Court would have power to punish them.
COMMITTAL OF A LUNATIC
Hugh REILLY, of Killyfancy, was brought up as a dangerous lunatic.
John BOWES, a neighbour of the person charged, deposed that on the 25th instant, Reilly attempted to drown himself in the lake of Killebandrick; witness had much difficulty in getting him out of the water; he also attempted to do himself violence with a knife; considers he is of unsound mind, and if not placed under restraint that he will do himself or others harm.
The Court granted an order committing Reilly to the District Lunatic Asylum.
PROCESSES
Mr. Thomas BROWNLOW sued Bernard BRADY for 6s for shop goods. The plaintiff proved the debt, and a decree was granted.
Mr. John GANNON sued Daniel SHERIDAN and Edward BYRNE for £1 0s 8d for shop goods. A young man of Mr. Gannon's proved the debt, and a decree was granted.
The Court then rose.
DIED
April 29, in 33, Rutland-street, in the 19th year of his age, Captain Nicholas John KIRWAN (Glamorganshire Regiment), son of Edmond G. KIRWAN, Esq., formerly of Woodfield, county Galway.
May 9, 1863
LANDED ESTATES COURT, IRELAND
In the Matter of the Estate of the
MARQUIS OF WESTMEATH, SOUTHWELL GREVILLE, AND PHILIP O"REILLY,
Trustees of the Will of WILLIAM FULKE GREVILLE, deceased,
Owners and Petitioners.THE COURT having ordered a Sale of the Lands of Corraneary, otherwise Ooronary, Drumbenis,, otherwise Drumbinnis, Glassdrumman, otherwise Glassdramenbane, Kilnacrew, otherwise Kilnecrew, Killycloghan, otherwise Killecloghan, Knockna, otherwise Knocknelossett, Latsey, otherwise Lower Latchy, Pattle, Rooskey, otherwise Trooskey, part of Cran, otherwise Craan, Corragarry, otherwise Coregary, Derrinkesh, otherwise Delnakesh, Clonrae, otherwise Clunragh, Latully, otherwise Letully, Raleghan and Toneyhull, otherwise Tonnyhull, situate in the Barony of Clonkee and
COUNTY OF CAVAN
All parties objecting to a Sale of the said Lands are hereby required to take notice of such order; And all persons having claims thereon may file such claims, duly verified with the Clerk of the Records.
Dated this 30th day of April, 1863.
C. E. DOBBS, Examiner.
GALLOWAY AND CONNOR, Solicitors
35, North Cumberland-Street, Dublin
LANDED ESTATES COURT, IRELAND
COUNTY OF CAVAN
In the Matter of the Estate of
MARTHA GWYNNE, MARIA FINLAY SODEN, A Minor, by JOHN SODEN, her Guardian
and next Friend, and JOHN GWYNNE
Owners and Petitioners.
JOHN CONNOR and OTHERS,
Owners;
Same
PetitionersTO BE SOLD, on FRIDAY, the 29th day of MAY, 1863, at Noon, before the Hon. Judge HARGREAVE, at his Court, Inns'-Quay, in the City of Dublin, the Life Estate of Mrs. Martha GWYNNE, now aged about 42 years, in part of the Lands of SOUTH KILDALLEN, in the Barony of Tullyhunco, and
COUNTY OF CAVAN......
Dated this 20th day of April, 1863
R. DENNY URLIN, Examiner.The lands are situate about four miles of the market and post towns of Killeshandra, Belturbet and Ballyconnell, and in immediate vicinity of the village of Ardlogher, a post town, and are of an excellent quality.
For rentals, maps and other particulars, apply at the Office of the Landed Estates Court, Four Courts, Dublin; or to
JAMES COWLEY, Solicitor, having
carriage of Sale, No. 26, Upper Temple Street, Dublin
LANDED ESTATES COURT
COUNTY MEATH
In the Matter
THE ESTATE of PATRICK KEARNEY, and others, Owners;
The Rev. JOHN BAMBER, Petitioner.TO BE SOLD BY AUCTION, before the Honorable Judge LONGFIELD, on TUESDAY, the 22nd day of JUNE 1863, at the LANDED ESTATES COURT, INNS' QUAY, DUBLIN, in one Lot, the following Lands and Premises, situate in the COUNTY OF MEATH, Viz.:--Part of the Lands of Lower Cormeen and Upper Cormeen, and Clogga, with a portion of Bog in Lower Leitrim, situate in the Barony of Lower Kells.....
Dated this 28th day of April, 1863.
HENRY ROBERT GREENE.These Lands are situate about two miles from the Town of Bailieborough, County Cavan, and about nine miles from the town of Kells. The soil is good, and there is a Corn Mill in good repair......
For Rentals and further particulars, apply at the Landed Estates Court, Dublin, to
WILLIAM FORD, Esq., Navan;
EDWARD LEADBITTER, Esq., Newcastle-on-Tyne; and to
Messrs. REEVES and SONS, Solicitors, having carriage of Sale,
22, Merrion Square South, Dublin
IN CHANCERY
ADVERTISEMENT TO CREDITORS, LEGATEES AND INCUMBRANCERS
CAUSE PETITIONUnder "The Court of Chancery (Ireland) Regulation Act, 1850, sec. 15.
In the Matter of William FOX, William HALL and Anne HALL, otherwise FOX, his wife; Robert STUART and Elizabeth STUART, otherwise FOX, his wife; Margaret FAULKNER, otherwise FOX, widow; James SIMS, Abraham PEPPER and Jane PEPPER, otherwise SIMMS, his wife; Robert HOGAN and Bertha HOGAN, otherwise SIMS, his wife; Fleming YOUNG and Mary YOUNG, otherwise SIMMS, his wife; Samuel STUART and his wife; James GORMAN and Anne SIMMS, widow, Petitioners.
John FOX, Respondent.
I HEREBY require all persons claiming to be Creditors, or next of Kin. of GEORGE FOX, late of LINAGALAGH, in the County of Monaghan, farmer, deceased on or before the 25th day of MAY next, to furnish in writing to the Respondent John FOX, of Lackan, in the County of Monaghan, farmer, or to his Solicitor, John SWANZY, of No. 5, Bachelor's Walk, in the City of Dublin, the Amount and particulars of their several demands.....
Dated this 24th day of April 1863
J. J. MURPHY
Master in Chancery
LINDSAY HALL and JOSEPH WRIGHT,
Solicitors for the Petitioners, No 49
North Great George-street, Dublin
LOCAL NEWS
DARING RIBBON OUTRAGE.--Within the last few days, the peace and tranquility of this locality has been disturbed by an outrage of a most wanton and daring character A review of the circumstances must necessarily lead to the conclusion, that the perpetrators of the outrage belong to some secret and unlawful society; and we fear there exists strong grounds for apprehending that the fell spirit of Ribbonism is rampant and vigorous in our midst. The following facts may be relied on as a correct version of the occurrence. Mr. Thomas REILLY of Butlersbridge, held a house and farm at Upper Derrygarra, on the property of Captain ROEBUCK, of London, who bears the character of a kind and indulgent landlord. Mr. Reilly not wishing to retain the farm, served notice of surrender in the usual way, and on the 1st of May gave up possession to the landlord's agent, J. W. FREKE, Esq., of Dublin. It appears the landlord intended to keep the farm in his own possession, and contemplated expending a large sum in improvements, by which means he would afford employment to the labouring population of the neighbourhood; and with this view he put a herd in possession of the house as caretaker. On the night of the 5th inst., upwards of twenty persons, some of them armed with blunderbusses, attacked the house occupied by the caretaker. After forcing the man, his wife, and children out on the highway, in a half naked state, two of the party were placed as a guard over them, who pushed them for some distance along the main road to Cavan. In the meantime the remainder of the party fired the house, and burned it to the ground; after which they set fire to a large unoccupied house close by, the ancient residence of the REILLY family. The scene of this lawless proceeding is quite convenient to the town of Butlersbridge, and in the immediate vicinity of the police. Mr. Thomas Reilly has offered a reward of 30l. for such information as may lead to the conviction of the parties; and, as we understand, the reward is likely to be increased, as the landed proprietors of the locality are determined to do their utmost to put a stop to a system of midnight terrors subversive of the right of property, and, no doubt, concocted and executed by the members of the Ribbon confederacy.
AN UNFEELING HOAX.--A paragraph of a most unfounded and unfeeling nature has recently appeared in the IRISH TIMES, from which it has been copied into other of the Dublin journal, to the effect that "Mr. John GALLOGLY, Clerk in the Provincial Bank, Ballina, died suddenly in that town on Monday morning, from the effects of a pugilistic encounter." The family of Mr. Gallogly, who reside in this town, were overwhelmed with grief by the report, and the young gentleman's brother, Mr. George Robert GALLOGLY, governor of the gaol, at once proceeded to Ballina, to attend, as he thought, the funeral of his brother; but who, to his very agreeable surprise, he found in the enjoyment of good health. The hoax is certainly a most reprehensible one, and the party guilty of it deserves to be severely punished.
The Bulls for the consecration of the Right Rev. Nicholas CONATY, as Roman Catholic Coadjutor Bishop of Kilmore, have reached Dr. BROWNE. The ceremony will take place in the Catholic Church of this town on Sunday, the 23rd inst. Dr. DIXON will be the officiating prelate on the occasion.
The Rev. Patrick MAGINNISS, professor of Latin and Greek, in the diocesan seminary, Cavan, has been appointed to the pastoral charge of Kilmore, vacant by the death of the Rev. J. O'REILLY, P.P.
DIED
May 6, at the residence of her sisters, Wesley-street, Cavan, Roseanna VEITCH, relict of John VEITCH, Esq., late of Gartenardress, County Cavan, eldest daughter of the late Captain J. SWANZY. She departed this life resting in the finished work of Christ, aged 76 years.
CAVAN PETTY SESSIONS
MONDAY, MAY 4
(Before Theophilus Thompson, J.P., Chairman; and William Babington, J.P.)
ADJOURNED CASE
The case of the Constabulary v. Mr. John MATCHETT for assaulting a man named James GILCHRIEST, which was adjourned from last Court day for the purpose of bringing Gilchriest forward as a witness, was first called on.
Gilchriest said he did not wish to prosecute.
The Court considered as the party alleged to have been assaulted declined to prosecute, the summons should be "nilled."
WAGES
Patrick KIERNAN summoned Thomas SMITH for 10s and 6d horse hire. The plaintiff proved that his horse was three days' ploughing for defendant at 3s 6d a day.
The defendant denied having employed plaintiff; he engaged with a man named Mick SMITH to plough his land and paid him for it; the plaintiff and Smith were in the habit of "swapping" days with each other.
A man, named FITZPATRICK, was produced for the defence, who proved that he was in the employment of Mick SMITH, and was told by him that the defendant paid him for the ploughing, and that the plaintiff owed Mick SMITH the three days in "swap."
The Court dismissed the case.
A FOROCIOUS (sic) DOG
Andrew TULLY summoned Bernard SMITH, for a forocious dog belonging to him killing a cow, his property.
The Court said the plaintiff should proceed by civil action for the damage done. If the dog was within 50 yards of the public road the owner could be punished.
The plaintiff said it was a good distance from the public road where the occurrence took place.
Mr. M'CABE, Petty Sessions Clerk, said he told the plaintiff when getting the summons that his remedy was by civil action.
The Court "nilled" the summons; but advised the defendant to destroy the dog.
TRESPASS
Denis MONAGHAN was summoned at the suit of Robert BURROWES, Esq., of Stradone, for trespassing on his plantation. Mr. Burrowes's man proved the offence.
The defendant admitted the charge, but said he was told by his master that he might do so, and it was his first offence. He was fined 1s and costs.
KILLING HENS
Bridget DUKE summoned Peter TILLINEY for killing two hens. The plaintiff proved that the defendant hunted a dog after her hens and killed two of them. He was fined 6d and 2s 6d costs.
PROCESS
Mr. Robert Henry MERVYN sued William CARMICHAEL for 1l. 7s 10d for shop goods.
Mr. Babington said the case had been adjourned from last Court day, and inquired had notice been served on the defendant? Mr. Mervyn said no notice had been served.
Mr. Babington--The case must then be adjourned and notice served.
The Court then rose.
May 16, 1863
LOCAL NEWS
ACCIDENTAL DEATH--On Saturday last, a veteran horse-breaker, named James SMITH, met his death accidentally by a fall from a horse, which he was engaged in breaking-in. He was talking to a man, convenient to the residence of D. F. JONES, Esq., Nahilla, when the animal he was riding shied and threw him. His neck was broken. An inquest was held on the body and a verdict of accidental death returned.
A PROLIFIC COW--On Sunday morning a cow the property of a farmer named Thomas COMESKEY, residing near the village of Cullia, county Louth, safely gave birth to three heifer calves.
CAVAN PETTY SESSIONS
MONDAY, MAY 11
(Before Theophilus Thompson, J.P., Chairman, and William Babington, J.P.)
A RUNAWAY APPRENTICE
Mr. Edward KENNEDY, of Cavan, tobacco manufacturer, applied to the Court to withdraw his information against John J. KILCHESON, an apprentice of his who had deserted from his employment, and been arrested in Dublin. The boy had now returned to his work, and he (Mr. Kennedy), with the permission of the Court, did not wish to press the case farther......
TRESPASSING ON THE PUBLIC ROAD
Edward BRADY was summoned at the suit of Theophilus Thompson, Esq., for having three cows trespassing on the public road on the 29th of April; and also for the same cows trespassing on his lawn on the 2nd inst.
Mr. Thompson, having retired from he Bench, proved that on the 29th April when driving to Cullies, he observed a boy herding three cows on the public road; he inquired who owned them, and the boy replied, "Brady of Cullies"; threatened to have the boy summoned if he did not tell the truth, and he then said the cows belonged to Edward Brady, the defendant; on the following Tuesday his gardener got the game three cows in his lawn....
Mr. Thompson--Brady is a most incorrigible trespasser. He has plenty of grass of his own, yet deliberately turns out his cattle to graze on the public road. The Court fined Brady 2s 6d for the trespass on the public road, and 5s for that on Mr. Thompson's lawn.
CHARGE OF RESCUE AND ASSAULT
Edward M'CABE, a bailiff, summoned Hugh SMITH for a rescue and assault. M'CABE deposed that he arrested the defendant at his own house in his bed on a Barrister's decree at the suit of John CULLEN; defendant got up to get his breakfast, and then asked Cullen would he take bail, who said he would; the defendant's mother, who was present, said "a silk thread would take a man to gaol, but it would take a tether to bring him out"; defendant then went to a cubbard (sic) and took out a razor, saying "it wold take six men to bring him to gaol"; witness put his hand on his arm when he pushed him away; swears he had to allow him to escape from fear of violence.
John CULLEN proved that he accompanied the last witness to execute the decree, and that he saw M'Cabe make a prisoner of defendant in his bed; when M'Cabe told him about the razor he advised him to run no risk, but act within the law.....
A man named John LYONS was produced for the defence, who deposed that he was in bed with defendant at the time M'Cabe arrested him; heard defendant ask would bail be taken......M'Cabe went away quietly out of the house....
The Court did not consider there was sufficient evidence of a rescue, and "nilled" the summons.....
ASSAULT
Francis MORAN, an apprentice of Mr. O'BRIEN, printer, summoned Mr. John MURPHY, of Cavan, for an assault.
Mr. MURPHY applied for a postponement of the case. He had to go on business to Dublin, and left instructions with his young man to issue summonses in the case, but the boy's father came to his sister and said the summons would not be proceeded with, and his summonses were consequently not served. The case was brought forward at the instigation of Mr. O'BRIEN, whose boys gave him very great annoyance, and who on the day in question placed a heap of stones at his back door, and flung a large stone into his bed room.......
Mr. Murphy was then sworn, and deposed that he had three materials witnesses to summon, and the Court adjourned the case for a week, on the understanding that if it went against Mr. Murphy he would have to pay additional costs.
LARCENY OF A COAT
An itinerant character, who gave his name as William M'NULTY, of Newtownbutler, County Fermanagh, and who described himself as a furniture polisher, was brought up on a charge of stealing a coat, the property of John BRADY, of Lisnagannon.
Brady proved that on the 8th instant, a coat belonging to him was stolen from his uncle's house; saw the prisoner near the house on that day; a prayer book found in the prisoner's possession was in the pocket of his coat, and is his property.......
Mr. M'Cabe, Petty Sessions Clerk, observed that their worships could not try the case unless he pleaded guilty, when the value of the article was over five shillings. Brady said the coat was value for 30s. Mr. Babington considered it a case that should be sent for trial.
Prisoner--I will tell all about the coat if you give me my sentence.
It having transpired that the prisoner disposed of the coat to a person at Ballyhaise considerably under its value, the Court remanded the prisoner for a week, to enable the police to make further inquiry into the matter.
PROCESSES
Mr. Edward FINLEY, of Cavan, sued Owen FITZPATRICK for £1 13 s. for shop goods. Mr. Finley proved the debt, and a decree was granted.
The Guardians of the Cavan Union sued James SMITH for £1 0s 10d, for the maintenance of his child in the workhouse hospital. The Porter of the Workhouse produced the defendant's agreement to pay for the support of the child, and proved that its maintenance cost the union the sum sued for.....
A decree for the amount, with 5s costs, was granted.
Patrick M'GUINNISS, of Cavan, sued Owen GELSHEAN for 1l 3s 4d for shop goods. M'Guinniss proved the debt, and a decree, with costs, was granted.
The Court then rose.
May 23, 1863
CANADA
GOVERNMENT INFORMATION OFFICE
Drury Building, Water-Street
Liverpool, 2nd March, 1863THE undersigned has OPENED an OFFICE at the above Address, for the purpose of offering to all parties looking to CANADA as their future home, personal or written INFORMATION as to the various advantages offered by the Province.
The Government Pamphlet, affording full particulars of the Crown Lands for sale, with other information useful to the intending Emigrant, may be had on application, or, if sent by Post, on receipt of One Penny Stamp.
A. C. BUCHANAN
Chief Emigrant Agent for Canada
THREE CHILDREN AT A BIRTH--A few days ago the wife of Mr. William KEANE, farmer, Blackhill parish of Bannow, was safely delivered of three children, daughters, all of whom, with the mother, are doing well.--WEXFORD CONSTITUTION.
DIED
May 16, Waterloo Lodge, Cavan, Margaret Bell, relict of Thomas MOORE, Esq., late of her majesty's 71st Highland Light Infantry, deeply regretted by her sorrowing and afflicted family. Her end was perfect peace; she sleeps in Jesus.
NEW BARRISTERS
The following gentlemen have applied to be admitted to the Bar during the ensuing Trinity Term, commencing on Friday.--
Richard Paul CARTON, Esq., eldest son of Richard CARTON, Upper Buckingham-street, in the city of Dublin.
Robert ANDERSON, Esq., A.B., T.C.D., third son of Matthew ANDERSON, f Fitzwilliam-square, Dublin, Esq., Crown Solicitor.
George KEYS, Esq., A.B., T.C.D., sixth son of the Rev. William KEYS, late of Waterford, A.B., T.C., Cambridge.
William Robert TRENCH, eldest son of the Rev. Frederick Fitzwilliam TRENCH, of Kilbeg, county Meath, Rector of Newtown.
LOCAL NEWS
THE BUTLERSBRIDGE OUTRAGE--Twelve persons have been arrested as belonging to the party who burned the two houses at Derrygarra on the 5th inst. The parties have been taken on the information of Catherine REILLY, the wife of the caretaker, whom Captain ROEBUCK had placed in possession of one of the burned houses, and who, with her husband and children, were turned out of the house by the persons who perpetrated the outrage. W. M. HICKSON, Esq., R.M., has the conducting of the case, and has been engaged during the week privately investigating the matter in the county gaol. We understand the woman and her son--a child of eleven years of age--has identified the prisoners, all of whom belong to the vicinity of Butlersbridge, and resided not far from the scene of the outrage. Constable M'ILWAINE, of the Butlersbridge station, displayed considerable adroitness and activity in effecting the arrest of the parties.
FIRE--On Wednesday last very great alarm and excitement was occasioned in this town, by a fire breaking out in a back thatched house belonging to Mrs. MASTERSON, in the Main-street. The police, under the command of Sub-Inspector NAPIER, were promptly on the spot with the military fire engine, and by their exertions, aided by the enrolled pensioners, and the inhabitants, the fire was speedily extinguished, without doing further injury than the destruction of the thatched house alluded to. At one time the fire threatened to assume very large dimensions, and the back premises of Mr. DOUGLAS--in which there was a large quantity of coal, agricultural seeds, and other easily ignited commodities--were in imminent danger.....Sub-Constables Wm. RUTHERFORD and James ROSS, at very great personal risk, bot on the top of the burning house, and by breaking in the roof prevented the fire communicating with Mr. Douglas's concerns and the adjoining houses....Acting Constable ANDERSON sustained a severe injury on the head from a stone falling from the chimney. A man belonging to the town, named Alick M'MANUS rendered very good assistance in working the fire engine. The fire appears to have been occasioned by some sparks from the chimney of Mrs. M'KENNA's house, next door, igniting the thatched of Mr. MASTERSON's back premises.
SUDDEN DEATH--A woman named Mary M'GRANN, a servant to Mr. GRIER, of Ballyhaise Mills, died very suddenly on Monday last. She was sent out on an errand by her master, and dropped dead in the village of Ballyhaise. An inquest was held on the body, and a verdict that the deceased died of disease of the hear (sic) returned.
The Consecration of the Right Rev. Dr. CONATY, as Roman Catholic Coadjutor Bishop of Kilmore, is fixed to take place on to-morrow in the Roman Catholic church of this town. A large concourse of spectators is expected, who are to be admitted to the ceremony by tickets.
Constable EOGAN, for some time past Clerk to Capt. PATTEN, County Inspector, has been appointed Head Constable, and ordered to Donegal. Constable James KERR has been appointed County Inspector's Clerk and Storekeeper, vice EOGAN.
PRESENTATIONS--At her Majesty's late Levee at St. James's Place, the following ladies had the honour of being presented to the Princess of Wales:--Miss HUMPHRYS, and Miss Clara HUMPHRYS, of Ballyhaise House; and Miss HAMILTON, of Castle Hamilton.
EMIGRATION--The numbers proceeding to America from this town and neighbourhood is steadily increasing. From one street--Bridge-street--fourteen or fifteen persons have left within the last few days. The great majority of the emigrants appear to belong to the agricultural class.
CAVAN PETTY SESSIONS
MONDAY, MAY 18
(Before Theophilus Thompson, J. P., Chairman; Captain Carden, J.P.; Captain Erskine, J.P.; and William Babington, J.P.)OLD OFFENDERS
A notorious character named James SMITH, better known as "Jimmy Goe," was brought up, charged by Constable MAGUIRE and Sub-Constable O'BRIEN, with violently assaulting them in the execution of their duty. Constable MAGURE deposed that on the evening of the 13th inst. he arrested the prisoner in Bridge-street for being drunk; he refused to come quietly and commenced kicking in a most furious way; witness suffered severely from the effect of the kicks, and never met a more outrageous prisoner....
Head Constable MOORE said that shortly before the arrest of the prisoner a woman came to the police barrack and reported that there was murder going on in a house on the Broad-road. When the police went there the prisoner and his father were quarrelling--the father threatening to rip open the son, and the son threatening to act similarly towards the father. He was going to take both into custody when the father left the house on the pretence of going to swear informations; and when the necessity for taking them had passed away, he told the police to await the prisoner's coming into the street....
The prisoner said he regretted having assaulted the police, and declared, with a semblance of crying, that he would not be guilty of such conduct in future, and would leave the country if let go.
Mr. Thompson--There can be no excuse for the ruffianly conduct you have been guilty of.....we must send your case for trial to the Quarter Sessions.
Prisoner--Will your worships take bail.
Mr. Thompson--Yes; responsible bail--yourself in £10, and two securities in £5 each.
Some female friends of the prisoner's in Court began crying when the sentence was pronounced.
ANOTHER NOTORIOUS CHARACTER.
Sub-Constable SMITH charged James REILLY, a regular rowdy character, belonging to the town, known as "Yellow Jimmy," with assaulting, biting, and kicking him in the execution of his duty.
The Constable stated that he arrested the prisoner in the street; he was drunk and refused to go with him; he took one of his legs in his teeth and bit him severely; he also caught him by the shoulder in his teeth and bit him; his behaviour was most violent.
The prisoner was remanded for trail.
ASSAULT
Thomas BENSON charged Michael M'KEON, on an information, with assaulting him on the evening of the 14th instant.
BENSON deposed that he was at a "show" in Church lane on the evening in question; the prisoner hit him several blows of a loaded "butt", and cut him on the head severely. (The witness's head was covered with stricken plaster, and he appeared to be much injured, and the "butt" with which he was struck is a most formidable weapon.) ....The Court took Benson's information, and sent the case for trial to the Quarter Sessions.
CASE AND CROSS-CASE
Francis MORAN, an apprentice of Mr. O'BRIEN, printer, summoned Mr. John MURPHY, of Cavan, for assaulting him. The case was adjourned from the previous Court, to allow Mr. Murphy to issue summonses, and he now charged Francis Moran, James BRADY, and Thomas HETHERINGTON, with throwing stones against his gate; and William O'BRIEN with throwing a stone into his bedroom.
Mr. Knipe, who appeared for Mr. Murphy, said the parties summoned by his client were either apprentices or servants of Mr. O'Brien's, and were in the habit of giving Mr. Murphy very great annoyance, merely because he gave his printing work to Mr. FEGAN. Mr. O'Brien said he set no value on his printing work, and that it was Mr. Murphy who gave him every possible annoyance.
Francis MORAN sworn--Was going home from chapel on the 24th of May, when Mr. Murphy met me in Kilnavarra lane; he said he was after complaining to my mother, and I replied "very well"; he then hit me three blows of a large stick which he had in his hand, and knocked me down; the blows he gave me blackened my legs and hurted me severely....
A boy named SMITH, who was in company with MORAN at the time of the assault, corroborated his evidence....
Mr. Knipe--Everything from pitch and toss to man-slaughter is carried on in the yard to the very great annoyance of Mr. Murphy, and this conduct is countenanced by Mr. O'Brien.
Mr. Thompson--I know Mr. O'Brien for a good many years, and unless it be clearly proven, I will not believe that such a quiet man as he is would misbehave himself.....
William O'BRIEN denied having flung a stone into Mr. Murphy's bedroom.
Rose MONAGHAN, a servant of Mr. Murphy's proved that Moran, Brady and Hetherington, were throwing stones in the yard; heard William O'Brien tell the others "to go on" but did not see him fling any stones....Mr. Murphy said he was satisfied to let the matter drop, and that they should live in future like neighbors. Mr. O'Brien said he would leave the matter to the court.
Mr. Thompson--It appears quite clear that Mr. Murphy suffered great annoyance; but he used more violence towards Moran than he ought. The Court dismisses both complaints, and I hope the parties will live better neighbours in future.
Patt REILLY summoned Edward GAFFNEY for assaulting him. Reilly proved that he was at the fair of Cavan on the 14th inst., when Gaffney came up to him and said there's the "hackler," and struck him a blow. Since he swore the informations he ascertained that Gaffney was a "dacint boy," and on that account did not wish to prosecute him.
The prisoner was committed to gaol for a fortnight.
LARCENY
William M'NULTY, who was remanded from last Court day on a charge of having stolen a coat from John BRADY, of Lisnagannon, was again brought up.
Mr. GALLOGLY, the governor of the gaol, said the prisoner was marked on the left side with the letter "D. 18th Regiment," and that he was recently convicted at Derry of a larceny for which he got four months' imprisonment.
The prisoner was sent for trial to the Quarter Sessions.
The Court then rose.
DIABOLICAL MURDER NEAR NEW ROSS--On the morning of Sunday last the body of a man named Michael FITZHARRIS, alias FITZHENRY, was found murdered in a place called Moran's-lane, at Rathgerogue, within about three miles of New Ross. The body was found by a man named Philip MURRAY between seven and eight o'clock on the same morning. Fitzharris or Fitzhenry was a young man, aged 28 years, master of the National school at Rathgerogue, and his wife mistress of the female National school. They had a family of three children. At some few miles distant there is a townland called Poulpeasty, in which resided a man named Joe KELLY, his wife, family, and father. The farm which the Kellys held was in debt, so much so that he was unable to redeem it, on which a bargain was entered into between Fitzhenry (deceased) and Joe Kelly, to redeem the place. The agreement was that Fitzhenry should pay Kelly £30 in cash, and pay £40 in lieu of a half year's rent and other taxes on the land, which settlement or bargain was strictly carry out on the part of the deceased. Joe Kelly was to leave the farm on the 10th May, in order to emigrate to America, and his father was to remain with the Fitzhenrys. Things remained in this state up to last Friday night, when the deceased and his wife went up to the Poulpeasty farm, when Joe Kelly wished them to advance as much money as would take his father to America with him. This the Fitzhenrys refused, as the agreement was that they were only to give the old man £6 a year in case he found fault with the treatment he received at their hands. Joe Kelly appeared very angry at this decision. The deceased and Kelly were seen in New Ross on Saturday, and left it at a late hour, both being apparently under the influence of drink. Kelly's wife and a man were in company with them. Next morning intelligence was brought to the wife of deceased that her husband was murdered within 100 yards of his own house. Sub-Inspector DOYLE has arrested Kelly.--"Wexford Independent."
MELANCHOLY ACCIDENT NEAR CLIFDEN--On Tuesday, the 5th instant, two young men, brothers, named Michael and John MURRAY, Derrygimla, were proceeding to Kilkern, near Moyras, for a boat-load of timber, and, while endeavouring to get round the light house of Slyne Head, their boat was upset by a breaker. They were seen by persons from one of the islands adjacent struggling in a most fearful manner. The boat resumed her proper position again, being replaced by the fraction of the breaker, and the Murrays clung to her, but in less than a minute after she was upset again, and they sank for ever.--"Galway Express."
May 30, 1863
An accident reported as having occurred on Monday evening on the Great Northern Railway, by which a gentleman named BAYLEY lost his life. Mr. BAYLEY had been spending a day or two with some of his friends and was returning to town, when at Colney Hatch he imprudently left the carriage while the train was in motion. He was dragged forward, and was so seriously injured that he survived the accident but a few hours.
LOCAL NEWS
RURAL CHURCH OF DRUMHEEL, COUNTY CAVAN.
The LORD BISHOP OF KILMORE--It having been announced that the Lord Bishop of Kilmore, the Right Rev. Hamilton VERSCHOYLE, intended to preach on Sunday last, in the above church, a vast concourse of persons from this town and the surrounding locality availed themselves of the opportunity thus afforded of hearing his lordship. His high reputation as a preacher attracted many others to hear him.......This pretty little church has been erected at the sole expense of William SMITH, Esq., J.P., Drumheel, and is neatly fitted up with reading desks, seats, &c., together with a sweet-toned harmonium. There is an efficient choir, who accompanied the harmonium, under the direction of Mr. W. HENDERSON, musical professor, Cavan.....
CONSECRATION OF THE ROMAN CATHOLIC COADJUTOR BISHOP OF KILMORE--On Sunday last, the Most Reverend Dr. CONATY was consecrated Roman Catholic Coadjutor Bishop for the Diocese of Kilmore...Dr. Conaty was ordained a priest of the Catholic Church in the year 1848, after passing through his college studies with honour and credit......
The ceremony was conducted with the usual formalities and there was a very large congregation. The Right Rev. Dr. DORRAIN preached the sermon. The following prelates and clergyman were present:--The Roman Catholic Primate: Dr. BROWN; Dr. M'NALLY; Dr. CANTWELL; Dr. DENVIR; Dr. LEAHY; Dr. KILDUFF; Dr. DORRAIN; DR. BRADY; The very Rev. Francis O'REILLY, P.P., Bailieborough; the Very Rev. Patrick O'REILLY, P.P., Drumlane; the Very Rev. P. CURRAN, P.P., Ballinamore; the Rev. John O'REILLY, Lurgan; The Rev. Hugh CASSIDY, P.P., Knockninny; The very Rev. Archdeacon MAGINNESS, P.P., Kilmore; the Very Rev. P. SMITH, P.P., Kill; the Rev. T. MULVANNY, P.P., Crosserlough; the Rev. P. GILROY, P.P., Belturbet; the Rev. W. M'AULEY, P.P., Annagh; the Rev. T. MURRAY, P.P., Drumreilly; the Rev. T. BRADY, P.P., Ballyhaise; the Rev. P. KILROY, P.P., Denn; the Rev. J. BOYLAN, P.P., Crosserlough; the Rev. J. BRADY, P.P., Lara; the Rev. J. O'REILLY, P.P., Killeshandra; the Rev. Mr. KELLY, P.P., Kilskyre, Meath; the Rev. Mr. FEGAN, P.P., Mountnugent; the Rev. Mr. POTTER, All Hallows, College; the Rev. J. CONATY, P.P., Mullagh; the Rev. Philip O'REILLY, Mullahoran; the Rev. T. B. M'ELROY, Monaghan; the Very Rev. Philip O'CONNELL, President of Cavan Academy; the Very Rev. Canon WALSH, Halifax, North America; the Rev. T. BRADY, C.C.; the Rev. J. SMITH, C.C.; the Rev. James O'REILLY, C.C.; the Rev. Cormac M'SHERRY, C.C.; the Rev. P. BRADY, C.C.; the Rev. Mr. FITZPATRICK, C.C.; the Rev. Mr. GAFFNEY, C.C.; the Rev. Mr. MURPHY, Tinahedy, Wicklow; the Rev. Eugene GILLEN; the Rev. T. O'REILLY, and the Rev. J. GIBNEY, Deacon, All Hallows College.
CAVAN PETTY SESSIONS
MONDAY, MAY 25
(Before Theophilus Thompson, J.P., Chairman; Captain Carden, J.P.; W. M. Hickson, R.M.; and William Babington, J.P.)
WAGES
Edward GRAY summoned Bernard BRADY, for 9s 2d wages. Gray proved that he worked 35 days for the defendant at 9d a day; he was minding a sick cow and doing other work, and 9s 3d of a balance was due him. Brady said he gave Gray meat and potatoes for the amount which he claimed....
The Court granted a decree with costs.
ASSAULT
The case of Thomas BENSON v. Michael M'KEON which was adjourned from lst Court day, to enable M'Keon to produce witnesses, was next heard.
Benson swore positively that it was M'Keon who hit him on the head with a loaded "butt" on the evening of the 14th inst. in Church lane....Three witnesses were produced for the defence who deposed that M'Keon did not strike Benson, but whilst both of them had a hold of the "butt" some person in the crowd; whom they did not know, struck Benson a blow on the head...The witnesses differed in their description of the manner M'Keon held the "butt" in his hand at the time.....The Court directed the "butt" to be produced. It is a short stick, loaded with lead at the end, and covered over with leather. It is certainly a desperate weapon, and a blow from it would knock down a bull.....
Mr. GALLOGLY proved that he was passing through Church-lane on the evening in question, when he observed a row going on; saw Benson M'Keon, and COURTNEY standing close by quietly looking on; witness went to take a stone from a boy who was about to fling it, and when he turned round saw Benson bleeding, and having a hold of the "butt" in M'Keon's hand.....
Constable M'CARTHY proved that he knew M'Keon for five years, and never heard of any charge against him. He considered him a man of good character...
M'Keon was fined 1l. and 1l. costs or one month's imprisonment--the costs and one third of the fine to go to Benson.
PERJURY
A man named Bernard M'CUSKER, from near Belturbet, was brought before the Court, at the suit of the Guardians of the Cavan union, charged with deserting his wife. The woman, Ann M'CUSKER, alias RADDELS, was admitted into the workhouse some time since, in a far advanced stage of pregnancy, and had since given birth to a child. At the time of her admission she swore an information that she had been deserted by her husband, and the prisoner was arrested on the charge. She now said he was not her husband, but that he was the father of her child.
The prisoner said he was a married man, and knew nothing whatever about the woman.
Mr. Thompson (to the woman)--You have placed yourself in a dangerous position, and subjected yourself to a prosecution for perjury.
FINLEY, the workhouse Porter, was of opinion that the woman swore the informations to avoid being placed in the ward with the females of bad repute.
The prisoner was discharged, and the woman sent back to the workhouse.
A DARING THIEF
Ellen HARRISON, alias FITZPATRICK, alias M'CALL, was brought up charged with having committed three burglaries and robberies on three consecutive days in the vicinity of Stradone. She broke into the house of a man named Thomas MAGHARAN, and took away bacon, bread, wearing apparel, bed clothes, &c. Next day she effected an entrance into the house of a neighbour of his, and stole a £1 note and three dozen of eggs, and on the following day she visited the house of a widow and robbed it of bed clothes and other property.
Mr. Thompson said the prisoner was a woman of very bad character, and was only a few days out of gaol.
John MURPHY, a boy in the employment of Mr. Hugh SMALL, pawnbroker, proved that the quilt produced had been pledged at his master's office by the prisoner.
MAGHARAN deposed that the quilt was a portion of the property stolen from him. The man who lost the £1 note could not identify the note more than that it was a new one; neither could the widow identify her property.
The policeman who arrested the prisoner proved that he found a new £1 note in her possession.
The Court committed the prisoner for trial to the Quarter Sessions in the case of Magharan, and left the other two charges for further investigation.
The Court then rose.
COOTEHILL PETTY SESSIONS
MAY 23
Magistrates present:--Wm. Murray, Esq; R. S. Moorhead, Esq.; John Townley, Esq.; and J. Perrin, Esq., R.M.
A man named Pat M'DERMOTT, was summoned by an itinerant druggist, for a riot on the 15th instant at Cootehill. The "Doctor" proved that he was in Cootehill on the fair day; was standing on a cart giving a lecture on anatomy, when the defendant came up and insulted him; he caught hold of witness when several others interfered and kicked down his table and broke his bottles containing valuable tinctures.
Several witnesses were called for the defence when the "Doctor" identified each as they came forward as the parties who rescued the defendant from him.
The defendant was drunk on that day, and the police arrested him, by which means the "Doctor" was enabled to have him summoned.
The Bench, after satisfying themselves that the "Doctor" had a right to sell medicine, fined the defendant 1s and costs, with £1 for damages or two months' imprisonment; and for being drunk and disorderly he was fined 5s and costs, which was paid on the spot.
Constable Wm. SPEAR, of the Coraneary station, summoned Henry WASSON, of Kilatee, for having illicit matter on his premises, on the 25th ult.
Spear proved that on that day he found the bottom of an old churn in defendant's garden at the back of the house containing "potale."
Mr. Swanzy, for the defence, called Henry WASSON, an old man on crutches, and his brother who appears older, who both proved that the vessel was not their property, and that they did not know how it came there; and that the material contained therein was only pig feeding.
Other witnesses proved that it was impossible for Wasson to make "potteen" as he was confined to his bed for the last six months, and that it could not be there without being known in the neighbourhood as all the neighbours were in the habit of going to see him.....
The Bench was satisfied that it was there without Wasson's knowledge, and drew up a case for the law officers of the crown, viz.--whether Wasson without having a guilty knowledge was liable.
Thomas MARTIN summoned Margaret MAGLADE for breaking his windows and abusing him. She was bound to the peace for twelve months.
Henry SLATOR, of Dooparrick, summoned W. STEPHENS for £1 4s 6d for work and labour. Stephens had a set off of £1 5s, and proposed to have the matter to arbitration, but Slator would not consent.
The Bench insisted that he should name a man and Stephens another, who would arrange the matter between them. Slator stated that there was not a man in his neighbourhood who he'd entrust to settle it; they were all horse jockeys and whiskey drinkers and would not do right.
The Chairman told him to name one who had none of these vices, which he did after great reluctance, and retired denouncing the justice of the decision.
A few police cases were tried, after which the Court rose.
BIRTHS
May 21, at Harrow, the wife of the Rev. E. H. BRADBY, of a son.
May 22, at Balcary, the Lady Victoria Mary KIRWAN, of a daughter.
May 24, at Lower Gardiner-street, the wife of James DWYER, Esq., of a daughter.
MARRIED
May 19, at Castle-street Chapel, Reading, by the Rev. John CURWEN, the Rev. Charles WILSON, M.A., of Plymouth, to Elizabeth Middleton, third daughter of Edward BROWN, Esq., Reading.
DEATHS
May 21, at Cordoagh Rectory, Cootehill, Olivia Henrietta. the beloved daughter of the Hon. and Rev. Henry O'BRIEN.
May 22, in New York, Martin KIRWAN, native of Ballymacwarde, county Galway, aged 45 years.
May 3, at St. Vincent's Hospital, New York, Edward M'DONNELL, a native of the parish of Drumgoone, county Cavan, aged 43 years, of typhoid fever.
COURT OF QUEEN'S BENCH--Wednesday
Habeas Corpus
(From Our Own Reporter)The Queen at the prosecution of Mary REILLY v. the Rev. J. M'MAHON and Anne Byrne
Mr. PURCELL applied, on the part of the prosecutrix for a preemptory writ of "habeas corpus" to be directed to the Rev. James M'MAHON, a Roman Catholic clergyman, and Anne BYRNE, requiring them to bring up the body of a child named Mary REILLY, the daughter of the prosecutrix. Counsel moved on several affidavits, the first of which was that of her mother, Mary REILLY, and in it she stated that she was the widow of John Reilly, who lived at Kingscourt, in the county of Cavan, and who died on the 14th of January, 1858, leaving five children--named Michael, Margaret, Mary, Charles, and John, now respectively aged from twenty to five years of age, all dependant for support upon the mother, as the husband left no means whatsoever. John Reilly who was a Roman Catholic, died intestate, having appointed no guardian of his children.
On the 27th of February, 1861, his widow placed Mary Reilly as a pupil and inmate in a school called St. Joseph's Orphan School, situate in Wellington street, in the city of Dublin, of which Mrs. Anne BYRNE was then and still is matron, and to whom the applicant on that occasion herself handed over the child, and since that the child remained as a pupil in the school.
She was born on the 8th of November, 1850, and was baptised in the Roman Catholic chapel of St. Michan's in the city of Dublin. The affidavit proceeded to state that the mother from time to time visited the child at the school, but was never allowed to speak with her alone, one or more of the mistresses being always present. In the month of April last, Mrs. Reilly went to the school for the purpose of removing her daughter, and there saw Anne Byrne with her, and the latter, who had always shown the greatest affection for her mother, was then quite willing to return home, but Anne Byrne suggested that it would be a pity to remove her until her education was completed, and requested that the child should be left some time longer for that purpose, to which suggestion assent was yielded. In the early part of May Mrs. Reilly went again to the school for the purpose of removing her daughter, who then for the first time showed a reluctance to leave, and Anne Byrne refused to allow the mother to take her away until she brought a letter from the Rev. James M'Mahon, who she stated was the head of the school. On the following morning the mother went to the residence of the Rev. Mr. M'Mahon, No. 14 Halston-street, and saw him, in company with Anne Byrne, and she asked him for an order to Anne Byrne to give up her child, when he refused compliance with her request, and threatened that if she went again to the school she would be taken up by the police.
About a week after this Mrs. Reilly went again to the school for the purpose of removing her child and brought with her some clothes for her to change in lieu of those belonging to the establishment, as on a former occasion the mistress had not allowed the pupil to leave the place with the school clothes. On that visit she saw Mary Reilly and Anne Byrne, and the latter again refused to allow her to remove the child, as she stated she would not break the rules of the school, and at that interview her daughter also appeared unwilling to leave. The present applicant went again to the institution on Monday, the 18th of May, accompanied by Michael Reilly, her eldest son, but Anne Byrne told her that the child was not there; that she did not know where she was, as she had left the place that morning; and she (Byrne) did not know where Mary Reilly had gone to, or with whom she went. On the same day the mother went to the house of the Rev. James M'Mahon, to see him respecting her daughter, and was informed he would not be there all day; and she went again on the following morning to the Roman Catholic chapel in Anne-street, and saw Mr. M'Mahon in the chapel, and asked him to give her her child, which the other refused to do, desiring her to leave the chapel. On Thursday, the 21st of May, Mrs. Reilly again went to the school in company with Mr. Henry WATSON, solicitor, and saw Anne Byrne, who then again repeated that Mary Reilly was not then in the institution--that she had left on Monday--that she did not know where she had gone to, or where she then was, adding that no one went with her from the school; and on being further questioned, she refused to give any other information. The affidavit stated that previously to her sending Mary Reilly to this school she was a most docile and affectionate child, and greatly attached to her mother, by whom she and all the other children were treated with the greatest kindness; and she firmly believed that any feeling of reluctance to return home had been produced by the teaching received by her in the school since the first intimation as given of an intention to remove Mary Reilly. The affidavit added that, owing to the industry of deponent and her unmarried children, she was now enabled, comfortably, to support her children at home.
The affidavit of Michael Reilly stated that his mother had supported the family after their father's death, and acted kindly to all her children; and he mentioned having gone on several occasions to see his sister at the school, and remove her; but Anne Byrne refused to allow his sister to leave, and she also declined going. He never was allowed to see his sister alone, and he believed his sister had been taught at the school to fear her mother. There was then the affidavit of Mr. Watson,t he solicitor, and he stated that by the instructions of Mary Reilly he accompanied her on the 21st of this month to St. Joseph's Female Orphan School, Wellington-street, for the purpose of ascertaining where Mary Reilly, a daughter of his client, was, and to procure possession of her for her mother, and he saw Anne Byrne, the matron of the school and of making inquiry of her as to the child......On being further questions, she refused to give any other information; that the Rev. James M'Mahon, of Halton-street, was the principal of the school, and that she was under his orders in the management of the same. Mr. Watson here proceeded to the residence of Mr. M'Mahon, but was unable to see him......
The Chief Justice said that Mr. M'Mahon must have very much misunderstood the judgment of the Court of Queen's Bench if he thought they decided that the mother, and the guardian by nurture, was not entitled to the possession of her own child, and in the last case which came before the Court the rule of law was very explicitly and clearly defined.
Judge O'BRIEN remarked that a most extraordinary misconception appeared to exist as to the rule laid down unanimously by the Court of the Queen's Bench. It was settle that upon the death of a father who had appointed no testamentary guardian, the mother, as the guardian by nurture, was entitled to the care and custody of her children, and this principle was clearly laid down and defined. It was singular that any misconception should prevail.
The Court then granted a preemptory "habeas corpus," the return thereto to be made on Saturday (this day).
THE EXODUS--The number of emigrants leaving for the United States is nothing abated, compared with the departure of the last month. We notice that many of the emigrants prefer the steamers to the sailing vessels, though the cost is greater, and the great run is on the Inman line from Queenstown. From one small rural district so many as 25 families left during the last ten days, and we understand that assistance is being afforded to parties wishing to emigrate by several of the landlords of this district.--"Ibid."
Emigrants are leaving Kilrush and neighbourhood at the rate of 100 per week. The number is on the increase.
County Cavan Newspaper Transcription Project
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