Cavan Observer
Published in Cavan, county Cavan
January 2, 1864
DEATH OF THE EARL OF CHARLEMONT--The death of this venerable nobleman took place at two o'clock on Saturday morning, at his residence, Marino, Clontarf. His lordship was in his ordinary feeble state of health until about the commencement of last week, when his chest became affected, and he died in the possession of all his faculties. He had almost attained the patriarchal age of 89 years. He was born on the 3rd of January, 1775, succeeded his father, who was the first earl, on the 4th of August, 1779, and married in 1802, Anne, youngest daughter and co-heir of the late Wm. BERMINGHAM, Esq., of Ross Hill, county Galway, by whom he had two sons and two daughters, none of whom is living.
His father was distinguished for the prominent part he took in the Irish Volunteers, and in the most remarkable events in the history of Ireland at that stirring period, and having been created an earl in 1763, we have presented, in the death of the second earl in 1863, the remarkable fact of this title being held for a century by two members of a family.
His lordship was a representative Peer, and also a Baron of the United Kingdom, a Knight of St. Patrick, a member of the Privy Council of Ireland, Lord Lieutenant of the county of Tyrone, and the patron of one ecclesiastical living. He was the last of the representative peers of Ireland selected at the time of the Union, and was also a member of the Irish House of Commons, of which body Sir Thomas STAPLES is now the only survivor. He represented in that House the city of Armagh.
He is succeeded in his titles and estates by his nephew, Colonel James Molyneux CAULFIELD, Lieutenant and Custos Rotulorum of the county of Armagh, and formerly its representative for many years. Colonel CAULFIELD, now Earl of Charlemont, is married to the only daughter, by the first marriage of Sir William SOMERVILLE, Bart., now Lord Athlumney.
By the death of Lord Charlemont vacancies occur in the representative peerage of Ireland, in the Order of St. Patrick, and in the Lord Lieutenancy of the county of Tyrone.
The family of CAULFIELD is of great antiquity, its historical beginning in England dating from the time of the Norman conquest. In politics, the late earl was a consistent Whig, inheriting from his predecessor an intense desire for the cause of Ireland, having been enrolled as a Volunteer when a mere child, a circumstance to which he proudly referred at a public meeting in Armagh some years ago. He is survived by the Countess, who was lady of the bedchamber, but resigned in 1854. As a landlord his lordship was kind and considerate. He was interred in the family vault at Armagh on Thursday last.
CAVAN QUARTER SESSIONS
The Quarter Session of this town commenced on Monday, before Joshua CLARKE, Esq., Q.C., Chairman of the County. At half-past twelve o'clock his Worship entered the Court, where the long panel was called over by Mr. CAFFREY, Deputy Clerk of the Peace, and the following gentlemen sworn as the grand jury:--
Thomas HARTLEY, foreman; William M. BLACK, Edward KENNEDY, F. E. HUDDLESON, James KILROY, Wm. NORTON, Hugh PORTER, Samuel KENNEDY, Alex. KETTLYE, John GANNON, Edward FEGAN, T. W. SIXSMITH, James HARTLEY, W. H. NESBITT, Philip SMITH, John BEATTY, Peter M'CANN, Robert BUCHANAN and John MOORE, Esqrs.
The following magistrates were on the bench:--Hon. R. MOXWELL, Captain CARDEN, Captain NUGENT, Captain PHILLIPS, William BABINGTON, Esq., L. A. TRESTON, Esq., R.M.
INSOLVENT DEBTORS
There were three cases of insolvency. The only one of interest was that of Robert SHANNON, who appeared for the protection of the court, but was opposed by Mr. Benjamin ARMSTRONG, on behalf of the Messrs. JOHNSTON, of Belfast, wholesale merchants.
Mr. Armstrong stated that his clients, in opposing the discharge of the insolvent, did so more for the purpose of putting a stop to such frauds on traders than to detain the insolvent. Two brothers, named LYTTLE, doing business in the town of Bailieborough, became indebted to Messrs. Johnston in the sum of £200. These Lyttles made a composition of their debts, and passed promissory notes to the Messrs. Johnston, which promissory notes were signed by Shannon, and on which £42 was due. Proceedings were taken in the superior courts for the recovery of the money.....At the Cootehill April Sessions the insolvent was processed by a person named Elizabeth CLARKE of Bailieborough, to which action the insolvent entered a consent evidently and manifestly preparing to evade the pending proceedings at the Naas assizes....His Worship said he could not dispose of the case in the absence of Elizabeth Clarke and M'Adam, whose testimony was most material....
The insolvent, Shannon, was examined, and admitted that he disposed of his farm and stock in the manner described by Mr. Armstrong. The Lyttles were brothers, two young men who carried on business in Bailieborough, and were his neighbours; when the young Lyttles made a composition of 5s in the pound on their debts to the Messrs. Johnston he was induced to put his name to securities under the impression that the bills bore the signature of the father and uncle of the parties, which was afterwards impugned as a forgery.....
His Worship considered the transfer of the property a mere sham. It was, no doubt, a hard case on the part of the insolvent, but one fraud could not be met by another. He would adjourn the hearing of the case till Elizabeth Clarke and M'Adam could be produced. The insolvent was allowed to stand out on bail till next sessions.
CROWN BUSINESS
ROBBERY BY A SERVANT
A petit jury having been empannelled, the first prisoner given in charge was Elizabeth ARMSTRONG, a cook in the employment of the Rev. Henry COTTINGHAM, of Hollywell, who stood charged with having, on the 26th of December last, stolen from her master's residence two blankets, one tablecloth, one sheet, a pair of boots, and several other small articles.
The prisoner pleaded "Not Guilty," and was undefended.
Stephen M'MANUS, sworn and examined by Mr. Benjamin Armstrong, Sessional Crown Solicitor--Am in the employment of the Rev. H. COTTINGHAM; the prisoner was also in his service as cook; recollects the of 25th December, (Christmas Day); his master and family were in Dublin, and he got directions that the prisoner should spend Christmas Day at witness's house, which she accordingly did; on that evening he observed in the dairy a carpet bag belonging to his master, and on examining it found it to contain two blankets, one sheet, one tablecloth, and a pair of boots, the property of the Rev. Mr. Cottingham; the prisoner left the house about half-past six o'clock in the morning, taking with her the carpet bag; the prisoner said she was going to Dublin; she had not the permission of her master to do so; after she left the house witness went to the Hon. Richard Maxwell, and told him the transaction; the prisoner was arrested by Constable M'CORMACK, of the Mountnugent station....
Constable M'CORMACK deposed to having arrested the prisoner, and finding the carpet bag produced in her possession....The Rev. Mr. Cottingham proved that the prisoner was in his employment for nine months as cook and manager; when coming to his service she had no blankets, sheets, or things of that kind.....
His Worship briefly charged the jury, who without leaving the box, returned a verdict of Guilty.
His Worship, in sentencing the prisoner, commented on the serious breach of trust of which she had been found guilty...She was sentenced to twelve months imprisonment with hard labour.
ASSAULT AND ATTEMPT AT ROBBERY
Peter COLWELL, Philip BRADY, and Owen CAFFREY, were indicted for assaulting John Reilly, a servant to Mr. William LOVE, of Ratheravan, Mountnugent, on the 13th Dec. last.
The prisoners pleaded Not Guilty.....
John REILLY sworn and examined by the Crown Solicitor--Am in the service of Mr. William Love, of Ratheravan; on the night of the 13th Dec. was sleeping in the granary over the dairy at the back of the house along with a "chap," named Phil DOWD....the granary can be entered from the outside by a ladder at the back of the house; went to bed about 10 o'clock and in about an hour afterwards himself and the "chap" heard a noise in the yard....got out of bed and asked "who was there," but received no answer;saw a man at the gate....a stone was flung which broke the window; it was one of the prisoners, (Colwell), who flung the stones; knows Colwell for 15 years....Colwell came up, and with the assistance of the other two knocked him down....When he first heard the noise he thought it was a dog;....Gave information to the Mountnugent constabulary and identified the prisoners when they were arrested.
Philip DOWDE proved that he was sleeping with the last witness on the night in questions; heard footsteps on the ladder..heard something flung at the window; when Reilly jumped off the ladder into the yard; witness saw two men running away, but could not identify them......
(After examining Mr. William Love and Constable M'Cormack) This closed the case for the Crown.
Mr. John Armstrong addressed the jury on behalf of the prisoners. He contended that there was not sufficient proof of identity to warrant a conviction...
The defence was an alibi and the first witness produced was a brother-in-law of Colwell's, named Hugh PHILIPS. He deposed that he recollected the night....came home about eleven o'clock and saw Colwell to bed..
John TOOLE deposed that he recollected Sunday, the 13th Dec.; was in Owen Caffrey's house on that night up to 10 o'clock; the prisoner, Colwell, was there...
The jury, after a short deliberation, found the prisoners Guilty....The prisoners were sentenced to twelve months imprisonment with hard labour.
RESCUES
Anne M'GOWAN and Bridget CARBERY were indicted for assaulting Edward BRADY, and rescuing household furniture seized under a decree from the Quarter Sessions Court.
Brady proved that he went to the house of the prisoner, M'Gowan, to execute a decree; explained his business, and seized a dresser, table, and a couple of chairs; M'Gowan took up a grape (sic) and made several attempts to strike witness....The decree was handed to his Worship, who, after examining it, wished to know how it occurred that the decree had been tampered with, and the total altered.
Mr. HARMAN, Sub-Sheriff, remarked that at the time the decree was granted, Mr. NESBITT was High Sheriff, and it was signed by him; but before it was executed Mr. MONTGOMERY, the new High Sheriff, came into office, and the decree had to be re-signed by him. Mr. TRESTON, R.M., considered that any alteration in the decree vitiated the document......By direction of the Court the prisoners were acquitted.
John MALONEY was indicted for assaulting a bailiff, named M'CABE, and rescuing cattle seized under a decree. M'Cabe proved that he seized cattle belonging to the prisoner, when the latter stabbed him with a fork and rescued the cattle.
James SMITH, an assistant bailiff, corroborated the evidence of M'Cabe....One of the jury gave the prisoner a good character.
He was found guilty, but recommended to mercy by the jury, and was sentenced to one month's imprisonment with hard labour.
LARCENY OF SHIRTS
Matthew SMITH, was arraigned for stealing two shirts the property of Patrick BRADY, of Bridge-street, in this town.
James MURPHY deposed that he was a shopboy in the employment of Mr. SMALL, pawnbroker of Cavan, the prisoner came into his master's shop to pawn a shirt--he took a shirt off his person and tendered it as a pledge...Mary NEIL, the servant of Brady, who identified the shirts when the prisoner was given into custody...The prisoner was found guilty and sentenced to one month's imprisonment.
LARCENY OF A COAT
John REILLY was arraigned for stealing a coat, the property of Patrick Dowd. This case was recently heard at our Petty Sessions Court and the particulars appeared in the OBSERVER. The prisoner was found guilty, and sentenced to a month's imprisonment.
There were no other criminal cases of any interest.
EJECTMENTS
The Right Hon. Lord Farnham sued Peter M'DONNELL and James KENNEDY for the possession of a house in the Main-street of this town, known as the "Farnham Arms" the former as occupying tenant, and the latter deriving a profit rent out of the premises...The premises were formerly held by a person named REILLY, who held under M'DONNELL, one of the defendants. At the death of Reilly, M'Donnell let the premises to the present occupier, Mr. Kennedy....
His Worship, after examining the papers, said, it was clearly a matter of title, in respect to which the present court had no jurisdiction, and he should therefore dismiss the case without prejudice.
Christopher CALLAGHAN v. John SMITH and Patrick REILLY
This was an ejectment to recover possession of a house in the main-street of this town, at present in the occupation of the defendants. Messrs. Tully and James Armstrong appeared for plaintiff. Messrs. M'Gauran and Knipe for the defendant.
Mr. Tully stated that the premises in dispute was the property of Lord Farnham, and held under lease renewable for ever by Patrick Reilly, one of the defendants; Reilly was the owner of the house at the time he got his eldest daughter married to the plaintiff, Callaghan, to whom he surrendered the possession.--Callaghan, who was a saddler by trade, thought it advisable to go to America; leaving his father-in-law Reilly, in possession of the house, as caretaker, also his wife and a brother of her's. In 1850 Reilly became an insolvent, and in the schedule then filed by him, he accounts for the house in dispute by stating that he gave it to Callaghan, as a marriage portion with his daughter. Callaghan's wife, in short time after, followed to America, leaving her father in permissive occupation of the house. The defendant, Smith, got married to another daughter of Reilly's, who resided with him, and when Smith found Callaghan and his wife in America, he thought to possess himself of the premises, and the present ejectment was now brought to deprive him of such possession.....
Mrs. Callaghan, the wife of the plaintiff was about being examined, when Mr. James Armstrong asked leave of the court to consult with her..
His Worship--I think it but right, Mr. Armstrong, to acquaint you and Mr. Tully, that I have made up my mind as to law of the case. It is quite clear that Reilly is the legal tenant, and under such circumstances, I cannot see how you can sustain the present suit.
After consulting with Mrs. Callaghan, the legal gentleman for the plaintiff agreed to withdraw the case, and his Worship gave a dismiss without prejudice.
DEATH OF THE REV. THOMAS MULVANY, P.P.
We regret to announce the demise of the Rev. Thomas MULVANY, P.P., of Crosserlough, which took place at his residence at twelve o'clock on Wednesday night last, in the 42nd year of his age. The reverend gentleman died of fever, contracted in the discharge of his ecclesiastical duties, and his loss is regarded as a sad bereavement by all who knew him....He was for twelve years curate in this town, and during that period he uninterruptedly enjoyed the love and veneration of those of his own persuasion, and the respect and esteem of all classes of the community, without distinction of either sect or party.....His mortal remains were interred in the family cemetery at Virginia, followed to the grave by a vast concourse of sorrowing friends and acquaintances.
HORRIBLE OCCURRENCE--On Monday morning a lunatic actually clove the skull of a man about 70 years old, named M'GRATH, in the Belfast Police-court, with a large iron instrument. The details are briefly these:--
About eleven o'clock on Sunday, William M'GARRIGLE, an emaciated young man, a labourer, aged about 20 years, was brought to the police-office, charged with having assaulted his brother, at their house, Ewart's-row, Crumlin-road, and with being a dangerous lunatic. The accused was handcuffed and put into a cell. About 12 o'clock he either took ill or feigned illness, and complained that he was dying with hunger. He was apparently very weak, and was assisted to the guard-bed--a large wooden frame--where the handcuffs were taken off him, and a piece of bread was given him. He then lay down on the bed. About this time the old man M'Grath was found wandering about Mary's Fields. He was somewhat under the influence of drink, and was almost paralysed with the cold. He was not absolutely drunk, so that a charge against him was not entered, and he was allowed to sit at the fire, which is only a foot or two from the wooden bed, and is guarded with iron grating. He was dozing about half-past one o'clock.
In the meantime, M'Garrigle had revived, and was talking quietly to some of the constables. At the time just mentioned he stepped over to the old man, kissed him apparently with passionate fondness, and threw his arms about him. A constable immediately made him resume his place. M'Garrigle quietly yielded, but in a moment he rose again, took a stick and went playfully across the raised tiles that cover the fire, to a constable who sat drinking a cup of tea, within two or three feet of where the old man was. When suspicion was thus completely disarmed, the lunatic, with almost inconceivable rapidity, pulled out the damper--a flat piece of iron about ten pounds weight--from the chimney, and, raising it above his head, struck M'Grath, who was apparently asleep, a terrific blow across the head. He was about repeating it when a constable caught his arm. The old man, without a groan, fell forward on the iron bars, receiving two other wounds. The blow caused a wound between three and four inches broad. The sharp iron instrument cleanly cut the skull and penetrated far beneath it. Dr. AIKIN was instantly in attendance. He dress the wounds, and had the unfortunate man removed to the General Hospital....M'Grath recently kept a hay-store nearly opposite the grain market. Latterly he has been very poorly off. He was a very quiet, industrious old creature. At four o'clock he still survived the murderous attack.--"Belfast News-Letter."
CROWN INQUISITION--The Lords of the Treasury have caused a commission under the Great Seal to issue, directed to John O'HAGAN and Daniel George GRIOTT, Esqrs., barristers-at-law, empowering them to hold an inquiry before a jury for the purpose of ascertaining whether the late Robert ORMSBY, Esq., of Brookborough, county Sligo, deceased, left any lawful heir him surviving, and of what lands he died seised and possessed of. The inquiry opened on yesterday, at the Courthouse, Sligo. The Attorney-General was represented by Messrs. J. C. COFFEY and G. WATERS, instructed by the Solicitor to the Treasury. Messrs. W. J. SIDNEY, Q.C., and W. J. O'DRISCOLL, instructed by Mr. L. JONES, were retained on behalf of Mr. ORMSBY, who claims to be heir-at-law of the deceased.
January 9, 1864
MURDER NEAR BRUSNA--A respectable farmer, named Patrick MAHER, of Glassderbeg, near Brusna, was struck on the head with a stone on Thursday night, returning from Roscrea, by a man named Thomas DOLAN, from the effects of which he died. Dolan has been arrested by the police.
CAVAN PETTY SESSIONS
MONDAY, JAN. 4
(Before William Babington, Esq., J.P., Chairman; and Captain Erskine, J.P.)
FURIOUS DRIVING
Three young men, named KNOX, TILSON, and REILLY, were summoned by Sub-Inspector NAPIER, for furiously driving along the public road. Mr. S. N. KNIPE appeared for KNOX.
Mr. Napier deposed that he was proceeding to Belturbet on horseback, and when near Butlersbridge he saw three persons gallopping along the road as fast as they could go; it was a misty morning, and he got off his horse, when the three persons passed him a furious pace; they were riding abreast; he followed them to TIERNEY's forge, where they pulled up, and there ascertained who they were....
Tilson said he was coming to Cavan when he met the others; this horse being a spirited animal got a little before them....Reilly said that Knox's pony merely sprang after his when Tilson came up the three of them cantered along.....
Mr. Knipe contended that Mr. Napier had failed to establish his case according to the meaning of the act of parliament....
D. F. JONES, Esq., who was in Court, stated that Knox was a servant in his employment, and the pony he was riding at the time was one his daughter was in the habit of riding. The servant was invariably instructed not to trot or gallop the pony as it would spoil it pace. The pony would go at a rapid pace when in company with other horses....
The Court dismissed the complaint against Knox, and fined Tilson and Reilly 2s. 6d. each and costs.
CHARGE OF STEALING A PAIR OF CLOGS
John FLANAGAN was again brought up on the charge of stealing pair of clogs from the shop of Francis DARBYSHIRE of this town. (The evidence appeared in a recent number of the OBSERVER. Mr. Babington said inasmuch as the evidence left room for a doubt as to the intention of the prisoner to commit the offence with which he stood charged, the Court would give him the benefit of that doubt, and dismiss the charge against him.
After disposing of a few unimportant cases, the Court rose.
DIED
Jan. 4th, at Athlone, Mr. John DALY, proprietor of the ATHLONE SENTINEL.
NEW BARRISTERS
The following gentlemen will be called to the Bar in the ensuing Hilary Term, which begins on Monday next, the 11th instant:--
Francis O'CARROLL, second son of Redmond Peter O'CARROLL, late of Great Charles-street, in the City of Dublin, Esq., law adviser to the Board of National Education.
Thomas Joseph M'CARTHY, second son of Timothens M'CARTHY, Kenmare, in the county of Kerry, Esq., M.D., J.P.
John W. REYNOLDS, eldest son of William REYNOLDS, of Woodpark, in the county of Dublin, Esq.
Daniel O'CONNELL, eldest son of the late John O'CONNELL, of Kingstown, in the county of Dublin, barrister-at-law.
James CREED-MEREDITH, L.L.B., T.C.D., eldest son of R. M. MEREDITH, of 4, Upper Mount street, in the city of Dublin, late Major in her Majesty's 15th Regiment.
Arthur Patrick CLEARY, eldest son of Cornelius CLEARY, late of Glenview, in the county of Limerick, Esq., deceased.
John Radcliff BATTERSBY, second son of George BATTERSBY, of Losson-street, in the city of Dublin, Esq., L.L.D., Q.C.
John M'KANE, second son of Robert M'KANE, of Ballymena, in the county of Antrim, Esq.
DEATH OF THE VERY REV. DEAN MEYLER, D.C., P.P., OF ST. ANDREW'S WESTLAND ROW--This venerable ecclesiastic, who had reached the patriarchal age of eighty, calmly expired this (the day) morning in the parochial house. The very Rev. Dean MEYLER was for many years a curate in the Metropolitan Church, Marlboruogh-street, and a short time administrator. In the year 1833 he was promoted by the late venerable Archbishop, the Most Rev. Dr. MURRAY, to the parish of St. Andrew, Westland-row.--"Dublin Evening Post."
January 16, 1864
BIRTHS, MARRIAGES AND DEATHS
No doubt to a large majority of the community the Act 26th Vic., cap. 11, for the Registration of Births and Deaths in Ireland, is, at least, partially unknown, as well as the 26th and 27th Vic., cap. 20, to provide for the Registration of Marriages. Many people, in certain walks of life, make up their minds to marry, think nothing of the consequences, and when the first child is born, don't like the idea of anybody prying after its age and circumstances. This, at all events, used to be the old fashion. But old fashions are altered, old customs are changed, and old things and institutions are fast passing away. The new Acts to which we have referred come to (Transcriber's note: There is a hole in the page, obscuring about 24 lines)....On the first of the present month, each Dispensary District of a Poor Law Union became a Registrar's district for the Registration of Births and Deaths. The Registrar-General may sub-divided these districts should the public necessity or convenience require it. Unless notification of any alteration be given, by advertisement in some newspaper circulating in that district, it may be assumed that the original district remains unchanged. The several dispensary districts, comprising a Poor Law Union, form a superintendent Registrar's district, except in such as the boundaries may be altered by the Registrar-General, with the approval of the Lord Lieutenant; but of any such alterations due notice will be given.
It is provided that the Medical Officer of each Dispensary District shall be the Registrar of Births and Deaths within his district; but in the case of the Medical Officer declining to act the Guardians of each Union are empowered to appoint a fit and proper person to act as Registrar. Notice of all changes in the office of Registrar will be given, as of all other changes by public advertisement. The Registrar is required to cause his name, with the addition of "Registrar of Births and Deaths," and the days and hours at which he will attend his residence or place of Business, to be fixed in some conspicuous position on or near the outer-door of his dwelling or place of business, and the Superintendent Registrar is to print and publish the names and residences, or known places of business, of all the Registrars under his superintendence. Births and Deaths may also be registered at a Dispensary or vaccination station, or at the place of residence of the person or persons giving information to the Registrary of the district.
With regard to Births, the persons required to give information are the parents or parent; the occupant of the house or tenement in which the birth occurred--the nurse or any person present at the birth of the child. The particulars requisite to be stated to the Registrar are--the date and place of birth; the name, if any; the sex; the name, surname, and dwelling place of the father; the name, surname, and maiden surname of the mother; the rank, profession, or occupation of the father......
LOCAL NEWS
DANGEROUS ACCIDENT FROM FIRE ARMS
A young man, the son of Mr. DAVIS, of Redhills, in this county, was out shooting on Wednesday morning, when his foot slipped on the frost, his gun exploded, and the charge (No. 3 shot), grazed the surface of the breast, and entered the neck under the left jawbone--part of the shot penetrating the neck, and a part tearing off the flesh from the jawbone. Dr. HUMPHRYS, of Ballyhaise, first rendered surgical assistance, and afterwards Dr. MEASE of the County Infirmary. The hemorrhage has been checked for the present, but the young man lies in a most precarious state.
DARING OUTRAGE IN THE COUNTY LONGFORD--On Sunday last, an outrage of a daring kind, occurred at Moatfarrell, convenient to Edgeworthstown. As James FEGAN, Esq., of Moatfarrell, was proceeding on horseback to attend Mass at the chapel of Clonbrony, and when he had got only a few perches from his own gate on the high road, three ruffians, with fire arms, dashed out, took his horse by the head, while another presented a pistol at his breast, ordering him at once to discharge his herd, and not to bring them back to him again, or they would not go without their errand; and that as he could see, it was not for want of opportunity they did not then take his life, as he ought to have complied with the threatening letter he got some time ago, and if he attempted not to do as they now ordered him, to have his coffin ready.
THREATENING LETTER--The steward of John L. O'FERRALL, Esq., of Lissard, county Longford, and one of the Commissioners of the Dublin Metropolitan Police, has received one of those atrocious missives ordering him "at once to take himself off, or by G--- he would get the death of Corrigan," and a rough sketch of a coffin at the foot of it.
COUNTY PETTY SESSIONS
MONDAY, JAN 11
(Before William Babington, Esq., J.P.)
OBTAINING GOODS UNDER FALSE PRETENCES
A miserable-looking woman, with an infant in her arms, named Bridget CONNELLY, was summoned by Mr. PRUNTY, of Ballyhaise, for obtaining goods from him under false pretences.
Thomas HENNESSY, a shopboy in the employment of Mr. Prunty, proved that the accused got goods in his master's shop on two occasions in the name of Mrs. HAIGUE, who had an account there; she came a third time for goods, when witness suspected there was something wrong, and sent to inquire of Mrs. Haigue, who denied ever having sent Connelly for any goods.
Elizabeth HAIGUE deposed that she had an account with Mr. Prunty, a circumstance of which Connelly was aware; never sent Connelly to Mr. Prunty's for any goods, and only heard of the accused having got goods in her name when she received a message from Mr. Prunty.
The accused said she would pay back the money if she was not prosecuted. Mr. Babington said that cases of such a character could not be allowed to be compromised....The accused was accordingly committed for trial, and the witnesses duly bound over to prosecute.
CHARGE OF LARCENY AND ASSAULT
An unfortunate girl of the town, who has lately migrated here from Ballyconnall, and who gave her name as Mary M'KERNAN, was charged by a young man named Bernard FAY, with taking a loaf of bread from a basket he was carrying, and also assaulting him.
FAY proved that he was in the employment of Mr. James FEGAN, of Swellan, and that he was fetching home goods to his master..when he was met by the prisoner......she took a loaf of bread out of the basket, which he took from her; the prisoner then followed him with a large stone in her hand, and made several blows at him....
The prisoner said if she took more than the loaf it was her right and that Fay gave her a blow on the face before she raised the stone.....Mr. Babington considered that there was not sufficient evidence in the case to sustain the charge of larceny; but it was a serious offence for persons like the prisoner to obstruct people in the public street.....He would bind the prisoner to keep the peace, and in the absence of proper security send her to gaol for a month.
Not being able to procure the necessary security, the prisoner was committed.
After disposing of a few uninteresting cases, the Court rose.
LANDED ESTATES COURT--THURSDAY
(Before the Hon. Judge DOBBS)
PUBLIC SALE
In re the estate of Mary Anne WOOD, Herbert WOOD, Elizabeth WILLIAMS, and Louisa Jane WILLIAMS, owners and petitioners.
The town and lands of Aghavadran, barony of Tullyhunco, and county of Cavan, held in fee, containing 183 acres, with profit rent of £127 9s. 2d. Sold to Mrs. Elizabeth WILLIAMS for £2,850.
Mr. Samuel BOXWELL, solicitor.
The late Archbishop HUGHES, of New York, was a native of the County Monaghan, and was born in the memorable year 1798. Eighteen years afterwards he emigrated to America; in 1838 was consecrated Bishop of New York; and in 1840 that See was elevated to an Archbishopric. He visited Ireland in 1862.
DEATH OF THE EARL OF CLARE--We regret to announce the death of the Earl of Clare, who, after a protracted illness, died on Saturday morning shortly after six o'clock, at his residence at Kensington. The Right Hon. Richard Hobart FITZGIBBON,, Earl of Clare, Viscount Fitzgibbon of Limerick, and Baron Fitzgibbon of Lower Connello, county Limerick, in the peerage of Ireland; also Baron Fitzgibbon of Sudbury, county of Devon, in Great Britain, was the second son of John, first Earl, Lord High Chancellor of Ireland, by Anne, second daughter of Mr. Richard Chapel WHALEY, of Whaley Abbey, county of Wicklow, and was born on the 2nd October, 1793. He married 11th July, 1825, Diana, eldest daughter of Mr. Charles Brydges WOODCOCK, whose former marriage with Mr. Maurice Crosbie MOORE was dissolved in the early part of that year. By his marriage he leaves surviving issue three daughters--Lady Florence, married to Lord WODEHOUSE; Lady Louisa, Married to the Hon. Herald Normanby DILLON; and Lady Elinor, married to Mr. Francis Henry CAVENDISH. The only son of the late earl, John Charles Henry, Viscount Fitzgibbon, a lieutenant in the 8th Hussars--born in May; 1829--was killed at the battle of Balaklava, in October, 1854. In default of male issue the title becomes extinct.
BELFAST, JAN 9--An accident occurred yesterday evening on the above railway, which has resulted in the death of a man named Benjamin ANDERSON. It appears that the deceased was employed on the railway as a waggon shunter. While thus engaged he got jammed between the buffers of two waggons. After the poor fellow was extricated he was immediately taken to the General Hospital where he died shortly after being admitted.
January 24, 1864
IN LUNACY
In the Matter of
Thomas IRWIN,
a LunaticPURSUANT to the Order made in this Matter, bearing
date the 8th day of January, 1864, John BERRY, of
Carrig hill, in the county of Cavan, Esq., will up to and
including the 31st day of January instant, receive proposalsfor the Tenancy during seven years pending the matter of All That and Those that part of the Lands
of MULLAGHMORE, containing 45 acres Irish plantation measure, or thereabouts, situate in the
County of Cavan.
Date 16th day of January, 1864.
W. BROOKE.The Lands are within 5 miles of Belturbet, a market and post town, and will be let in one or more lots.
T. SIDNEY SMYTH, Solicitor for said
John BERRY, 58, Upper Gardiner street, Dublin
LOCAL NEWS
OUTRAGE IN THE COUNTY LEITRIM--On the evening of the 14th instant, when Mr. Michael M'DERMOTT was returning home from Mohill fair, he was suddenly attacked by a man, who knocked him senseless by a blow with a heavy weapon, and then robbed him. A man named REILLY, who was with M'Dermott, was rendered insensible by a blow from the same assailant. Mr.. M'Dermott, on being discovered lying on the road a few minutes afterwards, was conveyed to the Mohill workhouse, where he expired on the following Sunday. The deceased was son of Mr. M'Dermott, agent to B. O'BRIEN, Esq., J.P., near Mohill. Some persons have been arrested on suspicion
RIBBONISM IN THE COUNTY LONGFORD--On Saturday night last a notice was found posted on the door of a man named OWENS, warning Mr. Michael QUINN, of Middleton House, Killashee, not to take any man's land, or death would be his doom. The document bore on it a rough sketch of a gun, drawn in an uncouth style. This is the third outrage of this kind that has occurred in that part of the county Longford within the last three weeks....
CAVAN PETTY SESSIONS
MONDAY, JAN. 18
(Before William Babington, Esq., J.P.)SUMMONS TO RECOVER POSSESSION OF A HOUSE
The Rev. W. P. MOORE sued Patrick LYNCH for the recovery of the possession of a house in Lurganbee, in this town, which defendant held as a weekly tenant. The service of the necessary notice having been proved, a decree to possession as granted.
ASSAULT
Mary MONAGHAN summoned John M'DOWALL for an assault. The complainant proved that she was a servant in the employment of the defendant; that the defendant took her dinner from before her and assaulted her without any cause.
The defendant deposed that he asked the plaintiff to go and put the geese from the corn stacks, which she refused; witness said she would eat no more his meat when she would not do what she was told, and he took the dinner she was eating from before her; she then commenced abusing, and he took hold of her by the wrists to put her out of the house, when she "boned" him by the throat; witness then took her by the back of the neck, and put her down on the floor....
Mr. Babington considered the defendant acted not only wrong in assaulting the complainant, but in not paying her the wages due when she offered to settle with him......
The defendant's wife proved that her husband went quietly to put the defendant out of the house when she caught hold of him by the throat; defendant made use of very bad language on the occasion, and was in the habit of abusing witness.
Mr. Babington gave the defendant a decree for 10s. and "nilled" the charge of assault.
CHARGE OF RESCUE
Two bailiffs, named DONOHOE and MONAGHAN, charged Michael SMITH with rescuing a mare seized under the barrister's decree.
Donohoe proved that he went to defendant's residence to execute a decree; seized a mare which, from the description he got, he believed to belong to the defendant; Monaghan had a hold of the mare by the mane, when Smith drove the mare away, and took Monaghan in his arms to prevent him following her. Monaghan corroborated the evidence of Donohoe.
Smith said that the mare seized was not his property and that he could produce evidence to that effect. A neighbour of Smith's proved that the mare in question was seized, some time since under a decree, and he purchased her; at the time she was last seized she was his property.
His worship dismissed the complaint.
There were no other cases before the Court, and the entire business only occupied half an hour.
DEATH
January 17, of a protracted gastric attack, Elizabeth COCHRANE, aged 21, youngest daughter of John BOLTON, Esq., Cullen House, Slane, and great-granddaughter of the late Adam AVERELL.
January 30, 1864
COURT OF BANKRUPTCY AND INSOLVENCY
IN BANKRUPTCY
In the Matter of
Felix M'CANN, of Virginia
in the County of Cavan
Draper and Grocer,
a BankruptTHE Judges of the Court of Bankruptcy and Insolvency will sit
at the said Court, Four Courts, Dublin, on Friday, the 5th day
of February, 1864, at the hour of 11 o'clock in the forenoon, for
the surrender of the said Bankrupt, proof of debts, and choice
of an Assignee in the matter, of which sitting all persons concerned
are to take notice.All persons indebted to the said Bankrupt in any sum, whatever, or who have any of his Estate or Effects,
are not to pay or deliver same except to CHARLES HENRY JAMES, Esq., No. 30, Upper Ormond Quay,
Dublin, the Official Assignee......Dated this 25th day of January, 1864.
HUGH DOYLE, Deputy Assistant Registrar.
MICHAEL LARKAN, Agent to the Bankruptcy,
No. 1, Merchants' Quay, Dublin.
DENTAL SURGERY--Mr. O'DUFFY, Surgeon Dentist, of 17, Westland row, Dublin, has been engaged to visit Cavan professionally. He will avail himself of the opportunity hereby offered of seeing patients at the Farnham Arms Hotel, where he will be stopping for two days, Monday and Tuesday next, February 1st and 2nd.
LOCAL NEWS
MURDER BY A TICKET-OF-LEAVE MAN
In the afternoon of Saturday last, much excitement was created in the town in consequence of a report that a man named Peter REILLY and his wife had been brutally murdered at a place called Kilnacola, near Grousehall, in this county, and within about eight miles of this town. On inquiry we ascertained that the dreadful report was unfortunately too true, and that the man above mentioned had been murdered in a most savage manner on that morning in his own house, and his wife wounded so severely that her life is despaired of. ......On the previous evening a stranger entered Reilly's house, and asked the latter did he remember him, who replied that he did not. The stranger then stated that his name was Bernard CANGLEY, who, when a lad, some thirteen years ago, was a servant in Reilly's employment, and at which time the fingers of one of his hands were bitten by an ass belonging to Reilly, from the effects of which wound the amputation of the hand became necessary. This explanation at once brought Cangley to Reilly's recollection, and he invited him to remain that night in the house. After partaking of supper, all the inmates of the house retired to rest, Cangley going to sleep with Reilly's servant boy on a loft over the kitchen. About two o'clock in the morning, Mrs. Reilly, hearing a noise on the loft, called to the servant boy to be cautious in coming down, as the entrances was dangerous, whereupon she was answered from the kitchen by Cangley, that he had seen a light outside the house and could not sleep. Reilly, on hearing this, at once got out of bed, and going up to see what was the matter, Cangley stabbed him in the heart. The unfortunate man shouted "I'm killed," instantly fell, and expired in a few seconds. When the wife heard the shout of her husband, she ran up, and was attacked by Cangley, who stabbed her in the abdomen. With somewhat remarkable courage and presence of mind, she immediately seized a cleaver and made a blow if it at the murderer, who hurried out of the house, dressed in his shirt and trowsers.
Information of the shocking crime having been given to the Grousehall constabulary, they started in pursuit in different directions, and two of the party were within sight and hearing of him when he entered the police barrack of Virginia (a distance of five miles from the scene of the occurrence), and surrendered himself. As soon as the news reached here, David PATTEN, Esq., County Inspector, and J. P. FERRIN, Esq., Resident Magistrate, accompanied by a large force of constabulary, at once repaired to the residence of Reilly, and took the dying depositions of his wife. On the next day, James M'FADDEN, Esq., coroner of the district, held an inquest on the body of Reilly, when the facts above related transpired, and a verdict of "Wilful Murder," was returned against Cangley......While being conveyed to goal, he admitted his guilt to the police...and repeatedly stated that he would either destroy himself or go insane before his trial.....It appears that after the amputation of Cangley's hand, in 1852, he suddenly disappeared from the neighbourhood, and from that time all trace of his whereabouts and mode of life is lost, until he was convicted at the Trim assizes about three years ago and sentenced to penal servitude. On the 9th of the present month he was discharged from the convict depot at Spike Island on a ticket-of-leave, from which place he went to Liverpool, and from thence returned to his locality a couple of days previous to the murder. Cangley is 27 years of age, five feet six inches in height, fair complexion, of rather a pleasing and intelligent cast of countenance, and free from that morose and sinister expression so often remarkable in great criminals. Since his committal, Cangley seems calm and collected, converses freely with the gaol officials in charge of him, and manifests little perceptible emotion at the awful position in which he is placed....
The wife, up to the latest accounts, still survives; but from the nature of the wounds inflicted, little hope is entertained of her recovery. She is a young woman of stout, and even masculine appearance, was married about 12 months ago, and within a short time of her confinement. Both husband and wife bore the character of honest and industrious people, and the crime of which they are the victims has cast a gloom over the locality in which it was perpetrated.
MARRIAGES
January 26, at the Church of the Holy Trinity, Stratford on Avon, by the Rev. Francis M. MURRAY, William de WINTON, Esq., to Mary Janet Eleanor, only daughter of Rear Admiral HARDING.
January 27, in Belturbet Church, by the Rev. Andrew M'CREIGHT, Mr. Henry REILLY, of Coolbuyoge, to Margaret, youngest daughter of Mr. Hugh HINKSTON, of Bunn.
DEATHS
January 24, in Farnham-street, Cavan, at the early age of 16 years, Wilhelmina, the youngest and beloved daughter of William Moore BLACK, Esq.
January 23, at her residence, Lismeen Cottage, county Cavan, rose, the wife of Edward SHERIDAN, Esq., and mother of the Rev. Mr. SHERIDAN, of Innismagrath.
CAVAN PETTY SESSION
MONDAY, JAN. 25
(Before William Babington, Esq., J.P., Chairman; and Captain Erskine, J.P.)Mr. DENNIS summoned Ann SMITH, a servant in his employ, for leaving his service. Smith had a cross-case against Mr. Dennis for wages.
Mr. Dennis deposed that Smith was hired by him up to next March; she left his employment on the 19th inst., and was cautioned by Mrs. Dennis to do so at her peril; she was accused by Mrs. Dennis of wearing her stockings.
Smith said that when Mrs. Dennis charged her with wearing the stockings, she also said that she should not sleep another night in her house, and told her to leave between 9 and 10 o'clock at night; witness asked her discharge and wages which were refused her.....
Mrs. Dennis deposed she discovered that two pair of her stocking had been worn and washed by the defendant; when accused of doing so she demanded her discharge and wages...Mr. Dennis said he did not wish the girl to be punished as she had been kind to his children, and only wished her to be discharged from his service. He would have taken her back but for the impertinence she gave.
The Court made an order discharging Smith from Mr. Dennis's service.
POSSESSION OF A HOUSE
Hugh PRIOR summoned Thomas SMITH for possession of a house in Lurganbuy, his property. The service of the necessary notices having been proved, a decree to possession was granted.
A TROUBLESOME LUNATIC
A lunatic, named Susan MASTERSON, was brought up at the suit of the guardians of the Cavan union, charged with having assaulted another lunatic named Anne TIERNEY......
M'DOUGAL, a warder of the gaol, stated that Masterson had been discharged by an order from the Lord Lieutenant. A certificate was read from Dr. MOORE, declaring Masterson to be a dangerous lunatic.
FINLAY, the port of the workhouse, stated that she was a "grabbing lunatic" that should get from others whatever she saw with them....The Court committed Masterson for trial at the assizes as a lunatic.
ASSAULT
George MURPHY, a porter in the employment of the Irish North Western Railway Company, was summoned by William MEE, another porter in the same employment, for an assault.
Mee deposed that Murphy and himself were stationed at the Belturbet junction of the Irish North Western Railway Company; witness's attention was attracted to a leakage from a whiskey barrel in the goods store; on going to ascertain the cause of it, he observed Murphy sitting on the barrel; asked him what he was doing there, when he gave witness a blow that knocked him down; Murphy deserted from his employment next day.
To Mr. Babington--There was a gimlet hole on the whiskey barrel; saw it about seven o'clock when it was all right; it was between 8 and 9 o'clock he saw Murphy sitting on the barrel; there was no vessel near the barrel; to the best of his opinion the gimlet hole was made by Murphy, and that he was endeavouring to stop the leakage when witness discovered him; the whiskey was consigned to Peter COSGRAVE, near Ballyconnell; on one occasion before some things were missed from the store.
Mr. Babington felt surprised that the Railway Company did not send some person to watch the proceedings. The situation held by Murphy was one of trust and responsibility.....
The Clerk of the Court remarked that the present charged was only for an assault. It was ultimately arranged that the case should stand over till next Court day.
After disposing of a few process cases, the Court rose.
A MAN KILLED IN A FLAX MILL--On the morning of Friday last, as a man named Charles O'DONNELL was engaged in oiling the machinery of a flax mill while the wheels were working with full water power, the skirt of an old coat which he wore came in contact with the "cog" wheel, when he was drawn in and killed instantaneously. One of the scutchers, in the vain attempt to save O'Donnell's life, and several of his fingers completely smashed. The mill is situated at Ballina, near Falcarragh, and was the property of the unfortunate deceased.
County Cavan Newspaper Transcription Project
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