Cavan Observer
Published in Cavan, county Cavan
July 2, 1864
CAVAN PETTY SESSIONS
MONDAY, JUNE 27
(Before Theophilus Thompson, W. Babington, and Nathaniel Montgomery, Esqrs.)There were no cases of interest before the bench on Monday.
John MULLIGAN and wife sued Bridge DEANE for possession of a holding in Cavan and obtained a decree.
LARCENY OF HENS
Robert HEASLIP prosecuted Peter GRIFFITH on a charge of stealing four hens his property. The prisoner was brought up in custody of the constabulary who arrested him, with the hens in his possession. Prisoner was sentenced to two months' imprisonment with hard labour.
ASSAULT
Michael and Thomas GALLIGAN appeared on summons to answer the charge of James GAFFNEY, for having dangerously assaulted him on the night of the 14th of June. The parties were all proceeding home from the fair of Cavan, and the prisoners overtook the prosecutor, when it was alleged they assaulted him. It appeared in evidence that the prosecutor and the prisoner, Michael Galligan, went to box in the first instance and the defence was that whatever injuries Gaffney received were received during the struggle. The prosecutor, however, received two wounds which rendered it necessary for him to be conveyed to the county infirmary where he remained until Monday.
The prisoners received good characters and taking that and the circumstance that one of them and the prosecutor had been engaged in fighting, their worships only sentenced Michael Galligan to a month's imprisonment; under other circumstances both prisoners would have been returned for trial.
The Court then rose.
THE LATE ACCIDENT AT ENNISKILLEN--An inquest was held on Monday, at Portora, on the bodies of the two young gentlemen, William Patton HETHERINGTON, and John Thomas Gibbings CHESTER, who were drowned in Lough Erne, as noticed in a recent number. After examining witnesses, who deposed to the melancholy facts already published, the jury found a verdict to the effect that the boys had been drowned by the accidental upsetting of a pleasure boat. In returning the verdict the jury appended the following observations:--"While deeply sympathising with the parents of Masters Hetherington and Chester in the great loss they have sustained, we also sympathise with the Rev. Mr. STEELE in his onorous position; and after the most mature deliberation and fullest investigation, we are unanimously of opinion that he has taken every possible precaution consistent with any fair degree of liberty to the boys, and that in this case he was wholly blameless."
THE MAGISTRACY
COUNTY ANTRIM--James CHAINE, Esq., of Ballyeraigy, Antrim, has been appointed to the commission of the peace for the county of Antrim.
COUNTY LEITRIM--Matthew HANLEY, Esq., of Dangan, Kilmore, Drumsna, has been appointed to the commission of the peace for the county of Leitrim.
SINGULAR AND FATAL ACCIDENT--On Saturday evening, Mr. James MALLINSON, warper, aged 65, formerly a counterpane manufacturer at Bolton, was drowned in the Doe Hey Lodge Reservoir. He was drawing a truck rather heavily laden, and when on the north bank of the reservoir was seen resting after ascending an incline. Directly afterwards he was missing from the road, and on search being made the truck and himself were found in the water at the bottom of the embankment. It is supposed he went too near the edge, and the truck went over and dragged him with it by means of a rope which was fast to the truck, and twice lapped round his body.
SUDDEN DEATH OF THE REV. DR. WHITESIDE, BROTHER TO THE RIGHT HON. JAMES WHITESIDE, M.P.--It is with deep regret that we announce the sudden and wholly unexpected disease of this eminent divine, the well known vicar of Scarborough, which took place at the rectory, Desertcreigh, where he and his daughter were the guest of the Rev. Dr. PORTER. On Sunday, Dr. WHITESIDE conducted the service in Derryloran Church, at both morning and evening, and was, to all appearance, in his usual robust health; but on his return to Desertcreigh, he was attacked by disease of the heart, and sank rapidly, and died at four o'clock a.m., yesterday (Monday) morning.--"Belfast News-Letter."
July 9, 1864
CAVAN PETTY SESSIONS
MONDAY, JULY 4
(Before Theophilus Thompson, William Babington,
and R. Erskine, Esqrs.)TRESPASS
Mary BRADY v. William BRADY
This was a summons for trespass of cattle. The parties were cousins and neighbours residing at Ennishbeg, and the allegation was that several of the defendant's cattle had trespassed on the plaintiff's oats. Defendant deposed that it was in consequence of the plaintiff not making up his portion of a gate that the trespass occurred.
The Court found that only two head of cattle trespassed, and fined the defendant one shilling.
John THOMPSON v. William MEE
This was also a summons for the trespass of three horses and four head of cattle on plaintiff's crops.. ...The defence, as in the foregoing case, was a "bad fence."
The Court fined the defendant seven shillings, and costs.
ASSAULT
William TILSON v. Joseph LEE
This was a charge of assault. The prosecutor deposed that on Sunday week after coming from prayers, the prisoner, without any provocation rushed at him, as he was passing through Farnham-street, and violently assaulted him. That was the third time the prisoner had assaulted him, and uttered threats besides. The prisoner said he was drunk at the time and did not know what he was doing.
Mr. Thompson said he should probably know the next time. He should be fined 10s and costs, and one third of the fine to go to the prosecutor.
John GUNN v. John M'DONALD
GUNN occupied a house in Ballyhaise, under Mr. Henry NESBITT. Possession was required and a 1l. given by Mr. Nesbitt, and he did give up possession. The next day the defendant, with another man, was sent to whitewash the house when they found Gunn in possession. They insisted on entering the house in the performance of their duty, and Gunn now summoned M'Donald for forcible entry and assault. The summons was "nilled," their worships remarking that he ought to be summoned himself for forcible possession.
AN ABSCONDING SERVANT
Anne CULLIVAN appeared on summons to answer the charge of Mr. Martin BEATTY for deserting her service, she having hired with him for six months in May last. The case had been previously before the bench when she was kindly dealt with and sent back to her service, but she subsequently absconded from it.
Their worships abated all wages due and fined her, or a month's imprisonment.
TRESPASSERS IN PURSUIT OF GAME
Terence BRADY appeared to answer a charge of having been found trespassing in pursuit of game on the demesne of Mr. Saunderson. On a former day another man named Brady was fined £2, or two month's imprisonment.--The defendant now said that it was the Brady who was fined on the former day who took him on the demesne for "company," but as the former Brady told a similar story, their worships took the present statement for what it was worth, and ordered the prisoner to pay a fine of £2 or be imprisoned for two months. Not having the money he was taken into custody.
GALLOPING HORSES ON THE PUBLIC ROAD
John and Francis REEHILL (sic) were summoned by the constabulary for having on the evening of the 29th of June, furiously galloped their horses along the highway, to the great danger of the public.
Mr. Thompson said that he would be obliged to prove the case, and he was sworn accordingly. He said that on the 29th of June he happened to be walking in his garden about 9 o'clock; he heard two horses galloping down Church-street towards the chapel; at that corner there was a large number of people, and as far as he could judge from the sounds it appeared evident to him that the parties were running a race...They were both sober at the time, and he believed they were respectable men.
It was proved by the father of one of the parties that one of the horses was in the habit of running away, and, Mr. Babington in passing sentence, said if it were not for that circumstance the full penalty would be inflicted, but as it was the Court would only fine the parties in the amount of costs incurred.
Having disposed of a number of other cases of public interest, the Court adjourned.
COOTEHILL PETTY SESSIONS--July 2
(From Our Correspondent)
The magistrates present were Wm. Murray, Esq., Chairman; A. M. Ker, Esq., and S. R. Moorhead, Esq.
The first case called was that of the Tullyvin Constabulary a. John TACKNEY.
The constable swore that some few days since he proceeded to Drumkerriff lake, and found two nets set to fish; he seized the nets, and when he came as far as defendant's house, defendant asked him to leave the nets, as they were his (defendant's) property; the defendant was not present, but his father stated in answer to the charge that he never had nets, never fished, either him or his son, and that if even the nets were his property, his son was not so green as to acknowledge it; however, he would fish in that lake, and think it no harm......
Mr. Murray Ker--I wish the police would endeavour to look after something important, such as market days in the town, when he found it impossible to get his car through; it would serve the public much better than looking after sprats....
After some consideration, the Chairman announced that case stood adjourned to next petty sessions.
Thomas GRAHAM, road contractor, summoned Bernard P. DAWSON for having a heap of manure on the side of the road.
Mr. Dawson, in answer to the charge, stated that the road had been cut across for the purpose of building a bridge, and that the public sustained no inconvenience by his manure.
Mr. Moorhead to Graham--Is the stuff an injury to the public now?
Graham--No, not at present....
Chairman--You have no right for your own case to damage the public road; you are liable to a fine; when could you remove it?
Defendant--It would take a month; I will put as many horses as I can get and remove it at once, but it will take a month.
Complainant--My only object is to have it removed during the summer weather, and in time for the opening of the road. If the County Surveyor was to come round he would have me fined for not looking after the like.....
Chairman to defendant--You must have the stuff removed in a month, besides you have no right to occupy the public road in such a way. The case is adjourned for a month.
Mr. Dawson left the court, quite dissatisfied.
The other business was of no importance.
FIRE IN COLLON--MELANCHOLY LOSS OF LIFE.--On Monday morning, between three and four o'clock, the inhabitants of this village were alarmed by the ringing of the church and chapel bells. It was soon discovered that Mr. REATH's house was partially on fire. The constabulary and many of the inhabitants were immediately on the spot and rendered every available assistance, and soon completely got the fire under; but, sad and melancholy to relate, not until Mr. Matthew REATH, who occupied the room where the fire originated, was so severely scorched and injured that he only survived until evening. His untimely fate has cast a deep sorrow and gloom over the whole village, as Mr. Reath was a man of general intelligence and very popular.--DROGHEDA CONSERVATIVE.
MURDER NEAR DUNDALK--On Monday the coroner for the district of Louth was all day engaged investigating a case in which a young man was stabbed on the public road leading from Dundalk to Blackrock, from the effects of which he died in a few minutes after. The deceased's name was John LARKIN, a confidential servant in the employment of Mr. Nicholas ARTHUR, of Dundalk, who bore an excellent character for honesty, sobriety, &c. It appears that on Sunday evening he left his home, on the Dublin road, to take a walk with a married sister, who came on a visit from England, and about nine o'clock, went into a public-house kept by a man named MURPHY. Here some altercation took place, and deceased came out on the road followed by several others, when he was brutally stabbed twice in the groin. Dr. BROWNE, who made a post mortem examination, proved that the femoral artery was cut, and the hemorrhage was so great that death immediately followed. The deceased was heard to say, "FLYNN has a knife--he has done for me." Flynn, who is a stout young man of the labouring class, was immediately arrested. After some deliberation the jury brought in a verdict of wilful murder, and the prisoner was fully committed to take his trial at the next assizes in Dundalk.
SERIOUS FIRE--At five minutes past two o'clock on Saturday morning a fire broke out in the premises of Messrs. SHIELS and BELL, boot and shoemakers, 49 Henry-street. St. Mary's Nos. 4, 1 and 3 Corporation engines, under command of Captain INGRAM, were at once on the ground after they had received the alarm....Everything is reduced to ruins and the house to a skeleton, when after four o'clock the fire was entirely got under. The cause of the fire is unknown....With singular presence of mind, Francis GRAHAM, the Nelson Pillar Escape man and 43 C and 44C on their arrival, finding that the entire escape could not be got round to the back of the house, and knowing that a very few minutes would seal the fate of those within, took it asunder, broke open the door, carried the ladder in pieces through the hall, planted it to the window, in a few minutes the nine persons were safe out of the flaming apartment standing in the yard. There has been no further outbreak of flame.--SAUNDERS.
July 16, 1864
CAVAN SUMMER ASSIZES, 1864
The Grand Jury were sworn in on Monday for the discharge of fiscal business before John E. Vernon, Esq., High Sheriff, by H. J. Rae, Esq., Clerk of the Crown, Ralph Harman, Esq., Sub-sheriff, and Mr. P. Caffrey, Deputy Clerk of the Peace, were also in attendance....The long panel having been called over, the following gentlemen answered to their names, and were sworn:--
- Robert Burrowes, Stradone House, Esq., Foreman
- Mervyn Pratt, Cabra Castle, Esq.
- Wm. Humphrys, Ballyhaise House, Esq.
- Anthony O'REILLY, Baltrasna, Esq.
- The Hon. Richard Maxwell, Fortlands
- George de la Poer Beresford, Aubawn, Esq.
- Theophilus Clements, Rathkenny, Esq.
- John Harvey Adams, Northland, Esq.
- Benjamin S. Adams, of Shinan House, Esq.
- David Fielding Jones, Nahilla, Esq.
- Robert John Cuming, Crover, Esq.
- Henry Finlay, Brackley House, Esq.
- Henry Owen Saunders, Largy, Esq.
- William Armitage Moore, Arnmore, Esq.
- William Tatlow, Leggeland, Esq.
- Captain Michael Phillipa, Glenview
- Charles Mortimer, Lakeview, Esq.
- Captain Robert Erskine, Cavan
- James M'Lanahan, Lisagown, Esq.
- John Rogers, Belturbet, Esq.
- John B. Lynch, Roebuck, Esq.
The Grand Jury then proceeded to transmit the business on the schedule.
OPENING OF THE COMMISSION
The commission was opened at three o'clock on Wednesday by the Hon. Baron Hughes, who was accompanied to the bench by John Edward Vernon, Esq., High Sheriff, and Robert Burrowes, Esq., foreman of the grand jury.....The grand jury then retired, and his lordship proceeded to fiat the presentments.
MANSLAUGHTER
Daniel MARRON and Owen M'KENNA were indicted for having on the 11th of May last, in a public-house in Shercock, assaulted Matthew FARRELLY, in consequence of which he died. A coroner's jury had found "that the deceased died at Ralaghan on the 25th day of May, 1864, from the effects of injuries of the head, inflicted on him at Shercock on the 12th of May, 1864, by Daniel Marron and Owen M'Kenna...
Matthew M'CAUL deposed that he was in Sloane's public-house on the evening in question when the deceased was violently assaulted by several persons, amongst whom were the prisoner Marron, who struck deceased on the head.
Anne KING deposed that she was present on the occasion, that Marron said to Farrelly, "less noise," that Farrelly replied, "it did not meddle with him," that Marron answered "may be it did," and that he then struck in with the hand on the head....
Edward CLARK said he was just entering the room and saw Marron strike the deceased...
The evidence for the Crown having closed, Mr. Dowse, Q.C., addressed the jury for the defence, after which the following evidence was adduced:--
Patrick M'ARDLE sworn and examined--I remember the 11th of May...I recollect meeting Marron about 5 o'clock on that day; there was another man with me named Michael M'CABE, who is now ill; I went in with Marron, M'Cabe, and a few others....I did not see Farrelly, the deceased, at first....Farrelly rose up against the table; the parties had some dispute among themselves....After some words, Farrelly rose to his feet, and so did Marren (sic) and M'Caul; Marron's hat was knocked off and he stumbled; he was knocked against the table; he had nothing in his hand; and he lifted his left hand as his right hand was disabled. I saw some of the crowd striking Farrelly from behind...
Rose M'CONNELL deposed that she was at the fair of Shercock.....she saw Farrelly there who annoyed the people by shaking the table so that punch was spilled; Daniel Marron told Farrelly to make less noise; Fairrelly said that was none of his affair...
The Rev. James Joseph HUGHES deposed that for six years he was Roman Catholic Curate of the parish in which Marron lived. He never knew him to be guilty of bad conduct, never hear anything against him; he held a small farm of land, and was a good husband.
Mr. Owen M'CONNELL also gave Marron a good character....
Mr. Irwin said that M'Kenna was too poor to get witnesses, and consequently he was without any, and he now closed the case for the defence.
CROWN COURT--THURSDAY
Michael KEENAN was indicted for having on the 20th of February, 1863, sent a threatening letter to the Right Hon. the Earl of Granard, threatening to kill and murder him if he did not make certain arrangements about land with his tenants. The prisoner had been tried on two previous occasions, but the juries failed to agree...Baron Hughes summed up the evidence. The jury retired, and after an absence of about two hours the foreman came into Court and said there was not the slightest chance of them agreeing. His lordship said they would probably agree before morning.
The jury were then called into Court, and in reply to his lordship, the foreman, said some of the jury wished to ask Mr. Sloane, who gave the prisoner a good character some question. Mr. Sloane was re-called, and said he could not swear whether the letter was in the prisoner's handwriting or not. The jury again retired and in about ten minutes brought in a verdict of guilty.
LARCENIES.
Mary RUDDEN was indicted for stealing a piece of cloth, the property of Mr. T. W. Sixsmith, of Cavan. She pleaded guilty, and a previous conviction having been proved, his lordship sentenced her to six months' imprisonment.
Eliza KEARNS was convicted of stealing a stuff dress, the property of Bernard MAGEE of Cootehill, on the 9th inst., and sentenced to six months imprisonment with hard labour.
His Lordship having finished the Crown cases proceeded to hear the record of SCORR v. MURPHY. The following jury was sworn:
John Berry, foreman; Thomas Chambers, Robert Bell Booth, W. Magee, _____Berry, Moses Netterfield, Isaiah Gibson, Francis Huddleston, William Gwynne, Henry Talbot Rathbourne, David Kellett, and Philip Smith.
Mr. Richardson on the part of the plaintiff objected to Mr. William Johnstone serving on the jury, on the ground that he had expressed an opinion on the merits of the case. Mr. Johnstone in reply to the Court, said that in a private conversation with Mr. Richardson at the last assizes he might have spoken on the subject, but he had not spoken of it since...[Mr. Johnstone was excused from serving on the jury.]......
Anne SCORR sworn and examined by Mr. Richardson--I have an aunt called Rose M'KEON; I know Mr. Murphy; my father's name was Wm. CORR (sic); I lived with my grandfather, about 200 yards from Rose M'Keon's house; on the first door of that house there was a shop and a kitchen, three rooms upstairs, and two apartments on a garret; Rose M'Keon proved to taking Mr. Murphy's house; resided with her father, Frank M'Keon; when she took the house she went to reside there, and continued to do so until last July; the house was well furnished by Rose M'Keon; the bedrooms were furnished; I kept the books for her; my aunt can neither read or write; she is very deaf; I transacted business with Mr. Murphy; he used to purchase meat in the shop, and I needed to settle with him for the rent; Mary Anne M'ENROE used to sleep with Rose M'Keon every night; Rose M'Keon took her meals at her own house, but frequently ate and slept at Frank M'Keon's; I was in the habit different times of drinking tea and eating with Rose M'Keon in her own house; I recollect an ejectment being served on one in my grandfather's house between nine and ten o'clock; and asked if Rose M'Keon was there, I said she was not; he asked where she was, and I said she was at her own house...I never at any time told Mr. Murphy that my aunt lived in Frank M'Keon's house; my grandfather never slept in Rose M'Keon's house; he was an aged, feeble man, and died at the age of 104; Rose M'Keon is now living with Mary M'Keon in Frank's house....
THE DEFENCE
Mr. Charles MURPHY, the defendant, deposed that he took down the words of Anne Scorr as sworn at sessions, which were that "Rose M'Keon did not eat, drink, or sleep there for 14 years;" she then said that "she might have slept there one night;"...Nothing important was elicited on Mr. Murphy's cross-examination.
Constable M. SIMPSON deposed that he heard Anne Scorr sworn at Petty Sessions in Cootehill; that Rose M'Keon did not live with her father, but on cross-examination she admitted that she might have slept there a night or so....
Nathaniel M'MULLEN deposed that he saw Rose M'Keon frequently coming from her father's house to her own...
Thomas M'MULLEN deposed that he saw Rose M'Keon lying in bed in her father's house when he called on her for half the price of a beast about 24 years ago.
Margaret CROMMEY deposed that her husband had lent a slaughter house to Rose M'Keon, a statement denied by the plaintiff.
Farrell M'GOVERN gave evidence with regard to the service of the ejectment process; he called to her house where she sold the meat and did not find her there; went then to her father's house and saw Anne Scorr there who told him that Rose M'Keon was not there, that she was out.
Dr. M'FADIN said he was in court when there was an ejectment case, and he heard Anne Scorr give evidence with regard to the domicile of Rose M'Keon and she swore that she lived in the house to which the stall was attached....
It being now six o'clock, and no likelihood of the case concluding for several hours the Court adjourned to 10 o'clock on
FRIDAY
The case was resumed at the sitting of the Court, when Mr. Dowse, Q.C., replied to evidence on the part of the plaintiff, and his Lordship having summed up the evidence the jury retired and after some consultation came into court with a verdict for the defendant.
RECORD COURT
(Before Judge CHRISTIAN.)REILLY v. REILLY
This was an action of ejectment to recover possession of a bog in the townland of Cloncarrott. The case was tried on a former occasion. The question was whether an award made between the parties in the year 1862 was a binding one. The award not having been made, a rule of court could not be given in evidence. Plaintiff and defendant are brothers. The jury found for the plaintiff
Arthur ELLIS v. John MAGUIRE.
This was an action to recover damages for an alleged assault on plaintiff by defendant, through his servants, at Bawnboy, in this county. The plaintiff is Mr. Arthur ELLIS, and the defendant, Mr. John MAGUIRE, of Kilsob, Bawnboy. The first allegation in the plaint was that the defendant, by his servants, greatly injured the plaintiff to his damage of £50. It was likewise alleged that the defendant's servants beat the plaintiff, struck him with sticks....The defence was in effect, that the defendant did not assault and beat the plaintiff as alleged; that the plaintiff first assaulted the defendant's servants who thereupon necessarily committed the alleged trespasses in their own defence. The evidence in the case was heard in detail, and the jury were discharged without being able to agree to a verdict.
DAVIES and others v. M'MAHON and others.
This was an action brought for the possession of certain lands and premises, called Correnvillish, in the barony of Clonkee, and county of Cavan, containing upwards of 188 acres. It was pleaded that the defendants owed the sum of 978l., to recover which the plaintiff now prayed for judgment.....Having heard numerous affidavits and depositions and some evidence in the case, his lordship directed the jury (a special one) to find, in point of law, a verdict for the defendant, taking a note of a point raised by Mr. Dowse for the Court above.
The business of the Assizes was terminated early on Friday, and the Judges left town on this morning for Enniskillen.
July 23, 1864
LANDED ESTATES COURT, IRELAND
In the Matter of the Estate of
JAMES CORCORAN, Owner;
Exparte
Rev. JOHN KINAHAN, Petitioner.THE Court having ordered a Sale of the Premises situate in the Town of Kingscourt, and COUNTY OF CAVAN, held under lease dated 3rd day of March, 1799, for lives renewable for ever, and the Premises situate in the Town of Kingscourt aforesaid, held under lease, dated 1st day of May, 1811, for lives renewable for ever.....
Dated this 22nd day of July, 1864,
JAMES M'DONNELL
JOSEPH HONE, Solicitor having carriage
of Proceedings, 5 Foster Place, Dublin
SUICIDE BY A LUNATIC
A LUNATIC named OWEN HEAVY, who was confined in the county gaol, committed suicide on Sunday night last, by hanging himself with his suspenders from an old hammock-hook in the wall, about three feet ten inches from the ground. The unfortunate deceased must have acted with great determination and presence of mind in strangling himself under such circumstances.....An inquest was held on view of the body by Mr. POLLOCK, one of the county coroners, on Monday, when the jury found that the deceased died from strangulation, but that there was not the slightest blame attachable to any officer of the gaol. Of course no blame could attach; but this unfortunate case is another of the many proofs which we have had of the fact that county gaols are not the places for people whom GOD has afflicted with insanity, and so far as this county is concerned it is to be hoped that the building of the Lunatic Asylum will be proceeded with as speedily as possible.
CAVAN PETTY SESSIONS
MONDAY, JULY 18
(Before Theophilus Thompson and William Babington, Esqrs.)ASSAULTS BY MILITIA MEN
Jane M'NAMEE summoned Francis HIGGINS for an assault. Higgins had a cross charge against M'Namee. The latter was a servant in this town, and the former a militia-man.
The magistrates having heard both cases, fined the parties a shilling each.
Mrs. Charles MAGUIRE, of Bridge-street, summoned a militia-man, named Patrick FLOOD, for violently assaulting her on the evening of the 6th of July, the evening after disembodiment of the militia. It appeared that the ruffian gave Mrs. Maguire a box on the face without the slightest provocation. He was sentenced to two months' imprisonment.
Sub-Constable John M'CONKEY charged Jas. M'MANUS with throwing a heavy glass tumbler after the police during the prevalence of the "militia row." The prisoner was further charged with assaulting and kicking the police in the execution of their duty. He was sentenced to two months' imprisonment.
POSSESSION
Adam LOWDEN sued John M'GENNIS for possession of a house in Cavan. The defendant did not appear, and then gave a decree for possession.
LEAVING SERVICE
Mary Anne M'MANUS appeared on summons to answer the charge of Robert BROWN for leaving his service without any just or reasonable cause. She was ordered to return to her service, in default of which she was fined 10s or a month's imprisonment.
FRIENDS FALLING OUT
HUMPHRYS a. MOORE.
Same a. Same.
The parties in this case are not only neighbours, but relatives, Moore being married to the daughter of Humphrys. A dispute arose with reference to some land in the possession of Moore, which he wished to convey to his nephew Moore, challenged the young Humphrys to fight, and after hearing the facts alleged, ordered all the "friends" to find bail or go to prison for a month.
LARCENY
Ellen COSGRAVE was charged by Miss FITZGERALD, of Stradone, with stealing a china-bowl, her property. The prisoner is one of those numerous bands of strolling mendicants who so infest the county, and who somehow continue to elude the "vigilance" of the police. The case having been proved against her, she was sent to gaol for a fortnight.
The Court then rose.
LAW INTELLIGENCE
COURT OF PROBATE--SATURDAY.
(Before the Judge, without a Jury.)SMITH v. REILLY and Others.
This was a suit to establish the will of Thomas SMITH, of the county of Cavan, dated 14th of April, 1864, and to condemn a testamentary instrument of 16th April, 1861. The plaintiff was the widow of the deceased, the defendants were his nephews and nieces. It appeared in the course of the hearing that the attesting witness to the will of the 14th of April, 1864, who had made an affidavit relative to the execution of that document, had omitted to identify the will lodged. The hearing of the cause was accordingly adjourned for the purpose of having such an affidavit made.
Dr. MILLER appeared for the plaintiff.
There was no appearance for the defendants.
LYNCH LAW--On Friday morning last an Irishman named Anthony SWEENIE died from severe injuries which he received in a collision which took place between the Scotch and English inhabitants of Crofthead on the previous Saturday night. On the night mentioned, half a dozen Irishmen were drinking in an upper room in Mrs. WYPER's public house, and they refused to leave at eleven o'clock, when desired by the servant. The policeman having been called in he was attacked, knocked down, and kicked by the Irishmen. Ultimately the policeman obtained assistance and put out the Irishmen, but on leaving the public house he was furiously attacked, knocked down, and kicked by the Irish, who had by this time increased greatly in numbers. The officer's cries brought assistance, and he re-entered Wyper's bleeding from the face, and much injured from kicks about the ribs. It would seem that this cowardly and brutal treatment of the officer had got wind among the Scotch inhabitants, and that they had concerted measures for inflicting some many justice upon the Irish, for a party of six of the latter were on their way home about midnight when they were set upon, on the road leading to Greenburn, where the Irish principally reside, by a band of men said to number thirty or forty, who attacked and knocked them down with pokers and other weapons. Four of the six Irishmen received severe wounds on the head, and one of them, named Anthony SWEENIE, aged 30, notwithstanding medical attention, died, as we have said, on Friday morning last. Two men have been apprehended on suspicion of being concerned in the attack on the Irishmen and committed meantime to prison. The Irishmen who assaulted the policemen are said to have absconded.--SCOTSMAN.
July 30, 1864
COUNTY MONAGHAN ASSIZES
ILLEGAL MARRIAGE
The indictment in this case was sent before the Grand Jury of the county of Fermanagh at the last Spring Assizes, and true bills were found by them on certain counts in the indictment, and ignoring others. The case was afterwards removed by "certiorari" to the Court of Queen's Bench, and was subsequently sent for trial to the present assizes for this county. The indictment substantially contains three counts. By the first it was averred that the traverser on the 29th of January, 1864, at Enniskillen, knowingly and wilfully did feloniously solemnise a marriage between Daniel PETERSON and Susanna QUINTON, with the special license of the Archbishop of Armagh or of his proper officers, in a certain house in Enniskillen, other than a church or chapel, in which marriages might be solemnised according to the rites of the United Church of England and Ireland; and other than a Presbyterian meeting-house, certified under the provisions of the statute in that case made and provided, &c.; and not being a marriage between two of the Society of Friends, according to the usages of the said society, &c.; and not being a marriage which a Roman Catholic priest might there lawfully celebrate according to the form of the statute in that case made and provided, and against the peace, &c., &c.
The next count averred that the Rev. John M'LOUGHLIN, before the said felony was committed, to wit, on the day and the year aforesaid, did feloniously and maliciously counsel....&c. In a third count it was averred that the traverser counselled and procured a person unknown to solemnise a pretended marriage in a house where marriages could not lawfully be solemnised, contrary to the form of the statute, &c., &c.,....... [Details in February 13, 1864 issue]
This closed the case for the Crown, whereupon, a long discussion ensued as to whether there was any evidence to go to the jury. His Lordship ruled there was.....The jury after three hours' deliberation, returned a verdict for the defendant, with an intimation that they concurred in his lordship's condemnatory observations on all the parties concerned, including Miss Quinton's brother.
The result was received with immense cheering, both in the court-house and the streets of the town.
DEATH OF MR. WILLIAM KEMMIS--We regret to announce the death, on the 20th instant at his house in Kildare-street, of Wm. KEMMIS, Esq., formerly Crown Solicitor, and Solicitor to the treasury in Ireland. This highly respected gentleman and most efficient public officer retired from his official duties in 1859, after a service of more than half a century. He had in person assisted at the trials of 1798, and himself conducted, with great discretion, skill, and ability, every remarkable trial from 1801 to the ending of the disturbed period of 1848, and received the marked and invariable thanks and approbation of each Attorney-General and Administration under whose directions he acted. Mr. KEMMIS was at the trial of the Sheares and others in 1798, of Robert EMMETT in 1803, and many others which took place under the Duke of Richmond's Administration, and were directed by the Attorney-General SAURIN. When the Attorney-General PLUNKET prosecuted the rioters who flung a bottle at the Marquess Wellesley in the Theatre Royal, the case was prepared by Mr. KEMMIS. He performed the same duty at the prosecution of Daniel O'CONNELL and others in 1844, and of John MITCHEL and Wm. Smith O'BRIEN in 1848. He was appointed Crown Solicitor for Dublin, for the Leinster Circuit, and for the Treasury in 1801. He resigned the former office in 1852 and the latter in 1859, since which time he has been in retirement--The death of this venerable gentleman makes a vacancy in society that will not easily be replaced and has removed an almost historical link between the past and present century.
SUSPENSION OF THE REV. PETER DALY--The Rev. Peter DALY, P.P., has been suspended from officiating as a priest of the Roman Catholic Church; the cause is so remote as August last, when he was present at a "soiree" given to the Belfast visitors of the Mechanics' Institute. This was reported by Bishop M'EVILLY, and the suspension has just arrived from Rome.--GALWAY EXPRESS.
THE CHURCH
DEATH OF THE DEAN OF CLONFERT--By this event that dignity and Precentorship of St. Patrick's Cathedral, both without income; and Mountrath rectory, worth £1,125 gross, are respectively in the gift of the Crown, the Archbishop of Dublin, and (this turn) the Bishop of Ossory. The late Dean KENNEDY was ordained in 1826 for Aghancon parish, in the diocese of Killaloe, of which he became incumbent in 1829. In consequence of this promotion he was appointed visitation preacher in 1830. At Aghancon he remained until 1841, when his College friend, Doctor DICKENSON, becoming Bishop of Meath, appointed him Vicar of Banagher, in that diocese, and one of the chaplains. After Bishop Dickenson's death, Archbishop Whately adopted Mr. Kennedy's services, placing him first at Powerscourt, and then at Clonmethan. Subsequently he became a Viceregal Chaplain, under several governments. In 1849 he was advanced to Mountrath, and that year preached at the consecration of Bishop HIGGIN, in St. Patrick's Cathedral. Since then he became Precentor there, and Dean of Clonfert.
The patronage of the incumbency of St. John's Sandymount, now vacant by the promotion of the Rev. Dr. De BURGH, to Arboe, rests with the following trustees, viz:--Lord de Vesci, G. A. Hamilton, Dr. Todd, Dr. Butcher, Captain Isacke, and J. E. Vernon.
The Lord Bishop of Down held an ordination in the Cathedral of Dromore on Sunday, 24th July instant, when the following were admitted into Deacon's orders:--Mr. Freeman C. WILLS, A.B., T.C.D., and Mr. Wm. H.D. LODGE, A.B., T.C.D., for the diocese of Down; Mr. Owen Handcock PHIPPS, AA.M., T.C.D., for the diocese of Connor; and Mr. Edward MONTAGUE, A.B., T.C.D. for the diocese of Dromore; Mr. David A. WILLIAMS, A.B., of Cambridge, on letters domissory from the Lord Bishop of Killaloe; and Mr. Alexander Newton WILSON on letters domissory from the Bishop of Argyll and the Isles.
PRIESTS--Rev. Matthew C. BROWNE, A.M., T.C.D., and Rev. George SMITH, A.B., T.C.D., for the diocese of Down.
MARRIAGE OF MISS GOSSELIN
On Tuesday last one of the most interesting events which have occurred for some years past in Cavan, took place in the parish church. Miss GOSSELIN, daughter of Major GOSSELIN, of the Cavan Militia, was married to A. F. HERDMAN, Esq., Donegal-square, Belfast. Every person in town seemed to take a special interest in the matter, and in the gallery of the church, during the ceremony, where many respectable spectators, who drove miles to witness the event, thereby manifesting their respect for the family of the bride. The bridegroom too, had great respect manifested towards him, as a considerable number of his friends came from Belfast. In fact the bridegroom party occupied the Farnham Arms Hotel for several days....and Sir Edward COEY, on the part of the company, formally thanked the proprietor ere leaving. Amongst those who stopped at the Farnham Arms, were:--Sir Edward and Lady COEY, Mr. and Mrs. John HERDMAN, Dr. MAGEE, Mrs. and the Misses HERDMAN; the bridegroom and brothers; Mr. and Mrs. THOMAS, Dr. MORGAN, Mr. and Mrs. MANEELY, Mr. PARR, Mr. John HIGGINS, and Mr. VALENTINE.....The ceremony was performed by the Rev. F. CRAUFORD, uncle of the bride, assisted by the Rev. J. GRAINGER. The bride was attended to the altar by ten bridesmaids, viz:--the Misses GOSSELIN (2); the Misses HERDMAN (3); the Misses HASLETT (2)j; the Misses CRAUFORD (2); and the Misses STAFFORD....The hospitable entertainments terminated at half-past four o'clock, when the happy couple started for Dublin, en route for Switzerland; and the proceedings terminated by a grand ball in the County Court-house.
CAVAN PETTY SESSIONS
MONDAY, JULY 25
(Before Theophilus Thompson, William Babington, and William Smith, Esqrs.)GRATITUDE
Charles LANG summoned W. A. MOORE, Esq., to recover five shilling alleged to be due on foot of an agreement with Mr. MOORE's steward, for turning over some manure. It appeared that Mr. Moore had kept Lang out of the workhouse for the last 12 months, by giving him employment, and when he really had no work for him, he actually created work for him, and the thanks he now received was a summons for the amount claimed. The plaintiff produced no evidence and the case was dismissed.
A MILITIAMAN IN TROUBLE
Constable SHIELS summoned James REILLY, alias "yellow Jemmy," for assaulting him and spitting in his face the day after the militia was disembodied....Constable Shiels ultimately said he did not wish to press the case against the prisoner notwithstanding the insults which he had given him, and their worships allowed him to go free on the understanding the would leave Cavan on Monday.
A BRUTE
John M'KERNAN summoned Honor M'KINELL for assaulting him and preventing him from boiling water for his dinner. The complainant is one of those snuffling old bachelor-looking fellows occasionally to be found squatting on bogs and marshy farms, he possessed a singularly bad temper, and a very bad case, so much so that he was ignominiously ordered out of Court. He handed the following document up to the Bench:--
John M'KIERNAN
v. Honor M'KINELLThe complainant will prove that his sister-in law, Honor M'KINNELL lives in the house with him, that her and his wife gives him very bad usage when he goes to get his food ready; they will throw the pot out or hide it on him and toss down the fire, upon one occasion they tossed him down and his wife held him while his sister-in-law beat him with a stick. They will not get his food ready or wash his shirt, and at different times used very threatening language towards him. And as he had not utterance and can't explain all these things he hoped the gentlemen will consider him. It appeared that the defendant was sister-in-law to the complainant, that his wife was a cripple whom he was in the habit of beating and ill-using.
Mr. Thompson told the fellow that he was a disgraceful blackguard, and directed his sister-in-law to report to him or some other magistrate, if the man ever again ill-used his wife, and a warrant would be at once issued for his arrest.
The summons was accordingly dismissed.
There were several other cases before the Bench by none of public interest.
DEATH OF JOSEPH O"LEARY, ESQ.--We regret to announce the death of Joseph O'LEARY, Esq., Vice-President of the Queen's College, which took place on Saturday morning at five o'clock. The deceased gentleman had been in a delicate state of health for a considerable time, so that his death was not altogether unexpected. He was educated at Trinity College, Dublin, at which he obtained high distinctions. He was called to the bar in 1825, and soon obtained a reputation as a profound scholar and lawyer. In 1853 he was appointed to the Vice-Presidentship in the Queen's College, Galway, and to the chair of English History and Literature, which offices he filled up the time of his decease. He was kind-hearted and strictly honorable, and by his courtesy on all occasions gained the respect and esteem of his brother professions and of the students.--GALWAY EXPRESS.
County Cavan Newspaper Transcription Project
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