Cavan Observer
Published in Cavan, county Cavan
County Cavan Newspaper Transcription Project
June 4, 1864
PROSPECT OF AN EARLY HARVEST--A sheaf of barley, cut out of a field containing two acres, the property of the Rev. Joseph DRUINT, Vicar of Colpe, was left at our office during the week. The ears are fully developed and of fine size, and a haulm (sic) of considerable length and luxuriance--DROGHEDA ARGUS
LANDED ESTATES COURT, IRELAND
COUNTY OF CAVAN
In the Matter of the Estate of ROBERT CUMMING, Owner;
JOHN M'ENEY, Petitioner.TO BE SOLD BY AUCTION, in two Lots, Pursuant to order of the Honorable JUDGE LONGFIELD, at the CASTLE INN, KINGSCOURT, on WEDNESDAY, the 22nd Day of JUNE, 1864, at 2 o'clock, p.m. THREE HOUSES in the Town of Kingscourt, and part of the Lands of DUNAREE, with part of the Bog of CORTUBBER, all situate in the barony of Clonkee, and
COUNTY OF CAVAN...
The biddings will be submitted to the Honorable Judge Longfield on the 24th June, 1864, without further notice to any person.
Date this 20th day of May, 1864.
HENRY ROBERT GREEN, Chief Clerk
BIRTHS
June 2, at Lower Baggot-street, Dublin, the wife of J. W. SEYMOUR, Esq., of a son.
June 3, in this town, the wife of James KENNEDY, Esq., of a daughter.
MARRIAGES
June 2, at St. Paul's Church, Captain Hon. Frederick Arthur STANLEY (of the Grenadier Guards), youngest son of the Earl and Countess of Derby, and the Lady Constance VILLIERS, eldest daughter of the Earl and Countess of Clarendon.
June 2, at Carrickallen, by the Rev. Michael BRADY, P.P., Mr. John LAMB, of Behey, son of Mr. Laurence LAMB, P.L.G., to Anne, daughter of Mr. James M'CANN, of Tullinchin.
DEATHS
May 28, at The Mall, Westport, Ellen, the beloved wife of Robert MICKS, Esq., Supervisor of Island Revenue.
May 26, at his residence, Lansdowne-road, London, at an advanced age, Benjamin EATON, Esq., formerly of Brighton-terrace, Monkstown.
LOCAL NEWS
MANSLAUGHTER IN THE COUNTY CAVAN--It is our painful duty to detail another case in which ungovernable passion, prompting the use of a dreadful weapon, known as a "loaded butt" has eventuated in the taking of life. The facts and circumstances of the present case, as transpired at the coroner's inquest, appear to be, that a man, named Matthew FARRELLY, who resided between Bailieborough and Shercock, was, on the evening of the 11th ult., drinking in the public-house of William SLOANE, at Shercock. Farrelly was in conversation with a girl, when two men, named Daniel MARRON and Owen M'KENNA entered the house. Some altercation took place between the parties, when Marron struck Farrelly with a stick loaded with lead, and knocked him down. Whilst on the ground, Marron and his companion, M'Kenna, beat their victim so as to render him insensible, and from the effects of which he remained unconscious up to the hour of his death, which took place on the 26th ult. The coroner's jury returned a verdict of manslaughter against Marron and M'Kenna, and they were committed to the county gaol to abide their trial at the forthcoming assizes. Our local magistrates have had frequently to comment on the use of this dreadful weapon--a "loaded butt"; and not long since, Mr. Thompson remarked that he would rather defend himself from a loaded pistol than a "loaded butt." It is time that the use of these deadly instruments should be put a stop to.
CAVAN MILITIA--The mustering of recruits enrolled since the last training, took place on the 1st inst., and the attendance was uncommonly good. Out of 135 enrolled, 125 answered to their names, and the ten absent have been accounted for as sick in public institutions. The officers present are J. KERR, R. B. BOOTH, and Quartermaster CHINNERY, the whole under the command of Captain and Adjutant N. GOESELIN. In addition to the above number, there are 30 non-commissioned officers present, besides the permanent staff.
INQUEST--William POLLOCK, Esq., one the of the coroners of the county, held an inquest on yesterday (Friday), in the county infirmary on the body of a child named William Henry MURTAGH. It appeared from the evidence of the mother that the deceased was seven months old, and had been left alone; that it fell from the cradle into the fire, and was burned. Dr. MEASE deposed that the child was brought to the infirmary in a dying state, and that its death was occasioned from burning, and the shock it received. The jury returned a verdict in accordance with the evidence.
CAVAN PETTY SESSIONS
MONDAY, MAY 30
(Before Theophilus Thompson, Esq., J.P., Chairman;Captain Erskine, J.P., and William Babington, Esq., J.P.
A STUBBORN SERVANT
Patrick NEWMAN summoned a young girl named Mary GORMAN, for unlawfully leaving his service. Newman proved that he hired Gorman on the 14th of May till the 14th November, at £1 6s for the time; she remained three days in his employment, and left on the pretence of going for her clothes, and did not come back; he found her in the house of a man named M'MICHAEL, in Kilmore, who denied he had her hired......
Gorman said the work was too hard for her, and that she was not able to do the churning, which was three or four times a week....The girl said she would not go back to him on any account.
M'Michael, the person in whose house Newman found the girl, here suggested to her to show the Court a doctor's certificate she had in her possession....The girl handed up a certificate from Dr. Mease, of the Cavan Infirmary, which stated that she had been suffering from an abscess on the breast, which impeded the proper use of one of her arms; but the certificate was dated three months back.....Gorman said she would suffer any punishment rather than go back to him...
Mr. Thompson--I must say you are a most obstinate and stubborn girl, and as a warning to others we shall commit you to gaol for a month or a fine of £1.
At the rising of the Court, the girl came forward to pay the fine, the money having been given to her by M'Michael. Mr. Thompson called him on the table, and remarked that it was quite evident it was he who was altogether to blame in the transaction; and that his conduct was disgraceful in instigating the girl to quit her service.
WANDERING ANIMALS
Sub-Constable BUCHANAN, of the Farnham station, summoned William SMITH for having his ass wandering on the public road near Drumealis...Smith was fined 2s and costs.
ASSAULTS
William NEY and John REILLY summoned Patrick and Andrew KIERNAN for an assault. Patrick Kiernan made a similar complaint against Ney and Reilly. The Clerk remarked that it should have been "Charles" instead of "Andrew" in the summons. Charles was called, and not having answered to his name, the complaint against him was allowed to stand over.
William Ney proved that for the last two years he had a turf bank adjoining Kiernan's which the latter was in the habit of trespassing on; after cleaning the bank a few days since he found that Kiernan had again trespassed by placing bog stuff and bog deal there; when he spoke to him about it, he gave him abuse, caught hold of him by the breast of the coat, and struck him; his son, Charles, struck him on the head with a shovel, and another son attempted to strike him with a hatchet; Reilly said it was a shame for Kiernan to act in such a manner, and he made a kick at him; witness and Kiernan were separated by the neighbours; Kiernan threatened witness that he would hear more about it before seven years.
John Reilly corroborated the evidence of this witness, and deposed that Kiernan made a kick at him.
Patt REDDY proved that the evidence of Ney was correct...Kiernan admitted that he placed some bog deal on Ney's turf bank....
Kiernan was fined 10s for the assault on Ney; and 10s for the assault on Reilly, or a month's imprisonment. Kiernan's complaint was "nilled."
Bridget DUKE summoned Mr. James FLOOD for an assault. Flood had a cross-summons against Duke for a trespass. Both parties reside in the townland of Rashkil, on the estate of Robert BURROWES, Esq.
Duke said she was going to the well along the pass which she had used for the last twenty years, when Flood endeavoured to prevent her; he struck her with his clenched hand on the side of the head, and beat her on the arms and head with a whip; he knocked her down, and when she'd get up he'd knocked her down again; she was spitting up blood for half an hour from the beating she got...Flood wanted her to go another pass by his house, but she refused to do so, as she was afraid of wicked dogs which he kept..
Mr. Babington--A pass to a well is a settled pass, and not a permissive one.
Mr. Flood stated that Duke pulled down his ditches and trespassed on his crop; when he put his hand on her arm to prevent her breaking down the ditches, she struck him with a can she had in her hand, and he then gave her a stripe across the arm of a whip he had; he did so in his own defence, as she was a most violent woman.....
Mr. Thompson--I will state my opinion fearlessly, and I believe your treatment of the woman to have been brutal. When she came to me on the day of the occurrence, her arm was striped in a shocking way....
Flood was fined 10s and costs; and the question of the disputed pass referred to Mr. Burrowes or Captain Carden.
PROCESS
James CHRISTY sued William KELLY for 5s, the price of 12 stone of potatoes sold and delivered to him. Kelly had a set-off against the debt of 6s for horse hire. The Court referred the matter for settlement to Mr. John LYNDON.
June 11, 1864
LOCAL NEWS
EARLY FRUIT--We have seen within the last week some very excellent strawberries and peas grown in the garden of Theophilus Thompson, Esq., J.P., Ford Lodge, Cavan.
THE FLAX CROP--The crop is going on remarkably well in this locality. Some very fine specimens of flax have been left at our office within the last week; but we may particularly mention that grown on the farm of Mr. William POLLOCK, jun., of Ballinagh, who has four acres of it fully two feet high. The seed was procured from Mr. James REILLY, of Lacken.
CAVAN PETTY SESSIONS
MONDAY, MAY 30
(Before Theophilus Thompson, Esq., J.P., Chairman;
and William Babington, Esq., J.P.)Captain PATTEN, County Inspector, occupied a seat on the bench.
SERVANTS LEAVING THEIR EMPLOYMENT.
Mr. Martin BEATTY, of Corriglass, summoned Anne CULLIVAN, for leaving his service. Mr. Beatty deposed that he hired Cullivan at the hiring fair on Sunday week; her sister came to his house and she left with her, as he thought, for the purpose of going to chapel, but did not return; Mrs. Beatty was unwell at the time, and Cullivan's going away inconvenienced him very much.
Cullivan stated that she was unwell, and not able to perform Mr. Beatty's work, and that she had to go to Dr. MOORE, who told her she was unable to work.
Mr. Thompson inquired had she a certificate of ill-health from Dr. Moore?
Cullivan said she had not.......Mr. Thompson said the girl would have the option of returning to her service or going to gaol. The girl said she would go back to her employment and the summons was "nilled."
WAGES
Thomas CULLAVIN summoned Patrick TIERNEY, of Drumahirk, for 10s wages. The complainant proved that he worked for twelve days with Tierney sowing potatoes. Tierney said that Cullavin came to work for his son who got sick in his service.
Mr. Babington--You cannot make deductions for the visitation of God.
Decree granted.
A DOMESTIC QUARREL
Head Constable Andrew MOORE summoned William WOODS for assaulting his wife. The head constable stated that Wood's wife came to the police barrack on Thursday last, bleeding from a severe cut on the back of the head which she stated had been inflicted by her husband; had the woman removed to the infirmary where the wound was dressed.
The wife did not attend. A policeman was sent for her, who stated that she was unable to attend. The case was allowed to stand for a week.
The complaint of Esther MARR against Susan WOODS was also allowed to stand for a week.
THREATENING
Hugh CAFFREY summoned Patt SMITH for threatening him. Smith summoned Caffrey for trespassing on his house.
It appeared from the evidence of Caffrey that he was repairing the chimney of a neighbour of Smith's when the latter threatened to pull the ladder from under him, and made an attempt to do so.....Smith and his wife deposed that Caffrey threw stones down their chimney, and nearly destroyed some of their children who were sitting at the fire.
Mr. Thompson--Let you all go home! Caffrey first nearly frightens the life out of Smith and his family and then summons him.
ASSAULT AND TRESPASS
Andrew GALLIGAN summoned Peter GALLIGAN for an assault, and destroying his fences. The parties are brothers.....The Court referred the settlement of the case to Mr. Smith, the agent.
CLAIM FOR RENT
Robert WALSH, of Barrack-hill, summoned Anne CHESTON for 6s rent due for the occupation of a room as weekly tenant. Walsh proved the debt, and a decree was granted with 3s costs.
LARCENY--CAUTION TO PAWNBROKERS
John DUFFY, of Lacken, charged a servant of his named Margaret CARMICHAEL, with stealing a cape, a shawl, and a pair of boots, his property. Duffy proved to having lost the articles in question. Mrs. Duffy identified the shawl and boots produced as belonging to her......
Constable M'CALL stated that shortly after receiving information of the robbery he arrested the prisoner in Cavan, who admitted having taken the shawl and boots, and said that the shawl was pledged at Mr. SMALL's pawn office, and the boots at Mr. KIERNAN's. He went at once to Mr. Small's and at once got the shawl. He inquired of Mr. Kiernan if any boots or slippers had been received in his office, and he replied that none such had been pawned.....On that morning Duffy and his wife went to Kiernan's pawn office, when Mrs. Kiernan told them that she had bought a pair of boots from a girl for 2s, which her daughter was wearing, and would give them up if the money paid for them was refunded. Mrs. Duffy identified the boots as those stolen.
Mr. Thompson--If a pawnbroker received property with a guilty knowledge he subjects himself to be placed in the dock as a criminal. It was the duty of pawnbrokers to afford every facility to the police in the detection of stolen property...
The prisoner admitted having stolen the articles and was sentenced to one month's imprisonment.
The Court then rose.
June 18, 1864
COUNTY OF CAVAN
DIVISION OF CAVAN
A LIST of Applications received by the Clerk of the Peace from Persons seeking EXCISE LICENSES for the sale of Beer, Spirits, &c., to be heard and inquired into at CAVAN, on FRIDAY, the 24th day of June, 1864, immediately after the Grand Jury have been sworn:
No. NAME RESIDENCE PARISH BARONY 1. BRADY, Nicholas Main-street Ballyconnell Tomregan Tullyhaw 2. FINLAY, William Coolbawn Ballintemple Clonmahon 3. FOSTER, John 28, Bridge-street, Cavan Urney Upper Loughtee 4. REILLY, Philip Main-street, Arva Killeshandra Tullyhunco 5. SMITH, Andrew Belturbet Anna Lower Loughtee GUSTAVUS TUITE DALTON
Clerk of the Peace, County Cavan.
Cavan, 4th June, 1864
COUNTY OF CAVAN
DIVISION OF COOTEHILL
A LIST of Applications received by the Clerk of the Peace from Persons seeking EXCISE LICENSES for the sale of Beer, Spirits, &c., to be heard and inquired into at CAVAN, on Thursday, the 30th day of June, 1864, immediately after the Grand Jury have been sworn:
GUSTAVUS TUITE DALTON
No. NAME RESIDENCE PARISH BARONY 1. BONES, Edward Market-street, Bailieboro' Bailieborough Clonkee 2. CLARKE, Peter Shercock Shercock do 3. DONOHO, Anne Cornabaste Drung Tullygarvey 4. GILLIN, Edward Shercock Shercock Clonkee 5. KELLY, Michael Market-street, Bailieboro' Bailieborough do 6. REILLY, James Market-street, Cootehill Drumgoon Tullygarvey Clerk of the Peace, County Cavan.
Cavan, 10th June, 1864
LANDED ESTATES COURT, IRELAND
In the Matter of the Estate of
EDWARD HENRY CONLAN, Owner and Petitioner.
TO BE SOLD, on THURSDAY, the 14th day of JULY, 1864, at the hour of Twelve o'Clock, at Noon, before the Honourable Judge Dobbs....
The Lands of MULRICK, situate in the Barony of Tullyhunco, and COUNTY OF CAVAN....
Dated this 6th day of June, 1864
C. E. DOBBS, Examiner.
LOCAL NEWS
FEVER--We are happy to be enabled to state, on the most reliable authority, that the reports of the spread of fever in and about this town, have been very much exaggerated. There were a few cases, but not of a more malignant type than usual, and in point of number were considerably less than last year or the years before.
ELECTION OF MATRON FOR THE COUNTY INFIRMARY--On Tuesday last a meeting of the governors of the above institution, was held in the Infirmary for the purpose of electing a Matron. The Lord Bishop of Kilmore occupied the chair, and there were eleven governors in attendance. There were a great number of candidates for the situation, ten of whom personally attended--but the election may be said to have been confined to two, namely Mrs. ARMSTRONG of Killeshandra, and Mrs. IRWIN of 45, Coffe-street, Dublin. The former was proposed by James HAMILTON, Esq., D.L., of Castlehamilton, and the latter by William Humphrys, Esq., of Ballyhaise House. The voting for each was equal, and Mrs. Armstrong was elected by casting vote of the chairman.
CAVAN PETTY SESSIONS
MONDAY, JUNE 13.
(Before Theophilus Thompson, Esq., J.P., Chairman;
William Humphrys, Esq., D.L.; and William Babington, Esq., J.P.)ASSAULT
William WOODS was charged at the instance of Head Constable MOORE, with assaulting his wife, Susan WOODS, and the latter was charged by Esther MARR with a similar offence.
Susan Woods deposed that on the 2nd inst., she went into CASSIDY's on the Broad-road, where her husband was working, when she was abused by Esther Marr, who called her a robber; Mary MARR, her sister, also abused her; witness left her hand on Mary Marr's nose, but did nothing more; she also struck Mary Marr when she dared her, but she first pulled her hair, and put a knife to her neck; witness had a small bottle with whiskey in it, and when she put it to her mouth her husband pulled it from her; her husband gave her a push when she fell and cut her head.
John FLOOD was produced on behalf of the Marrs, and deposed that Susan Woods came into Cassidy's and told her husband to stop work; she took a small bottle out of her pocket, which contained, he supposed, whiskey; some angry language took place between Susan Woods and the Marrs; he believed Susan Woods first struck Esther Marr. Mary and Esther Marr proved that Susan Woods committed the first assault. The husband was produced as a witness, but the Court declined to examine him.
Mr. Thompson--The head constable acted very properly in bringing the parties before the Court; but the charge against the husband does not appear of an aggravated nature and we therefore dismiss it. With respect to the other charge, it is evident that Susan Woods committed the first assault; but as there seems to have been provocation on all sides the Court would also dismiss that complaint. If the parties come again before the Court they would be bound over to keep the peace.
THREATENING TO SHOOT
A man named Hugh SMITH, formerly of Pottle, in this county, was brought up in custody, on an information, charging him with using threats of a fearful nature in reference to W. A. MOORE, Esq., J.P., Arnsmore. The expressions sworn to have been used by Smith were "that he hoped God would restrain him from shooting Mr. Moore."
Mr. Moore was in Court, and deposed that he believed Smith intended to do him bodily harm......Smith was remanded for a week.
DISPUTED HIRING
Elizabeth MONAGHAN summoned Mrs. TOPHAM, of Kennypottle, for 18s 5d wages. Elizabeth Monaghan proved that she was hired by the quarter, and when a month in the second quarter Mrs. Topham discharged her; it was her mother who made the agreement with Mrs. Topham.
The mother deposed that Mrs. Topham asked her to send her daughter to hire for a month....Mrs. Topham proved that the hiring was by the month, at the rate of 12s 6d a quarter; witness had to discharge complainant for her impertinence.....The mother stated that it was understood between her and Mrs. Topham that the hiring was by the quarter.....
Mr. Babington remarked that the fact of her first going by the month, and Mrs. Topham subsequently wanting to hire her by the week, was presumptive evidence that the hiring was monthly. The Court considered the agreement was by the month, and ordered the payment of 10s--the amount due for the time served.
DESTROYING TREES
A boy, named William GUNN, was summoned by William HUMPHRYS, Esq., of Ballyhaise House, for injuring trees in the Ballyhaise demesne.
Patrick MACKAROON proved that he caught Gunn in the demesne with a holly plant like a fishing rod; it was fresh cut from one of the trees; Gunn had a saw and hatchet in his hand.......
Mr. Thompson--It is well for Gunn that the last witness does not put a value on the rod, for if he did he would subject him to a penalty of 5l.........the Court was dealing leniently with Gunn in fining him 2s 6d and costs, or a week's imprisonment.
FURIOUS DRIVING
Constable SHEIL summoned three persons named Patt BRADY, Francis MASTERSON, and Philip M'ENTIRE, of Corduff, for driving furiously along the public road convenient to the town. The Constable proved the offence; and the parties were fined 2s 6d each.
June 25, 1864
LANDED ESTATES COURT, IRELAND
GENERAL NOTICE TO CLAIMANTS
In the Matter of the Estate of
HENRY HAIG, Owner;
JAMES HAIG, Petitioner.THE Court having ordered a sale of part of the Lands of MOYBOLLOGUE, consisting of the Townlands of Upper and Lower CARNANS, held in fee farm, situate in the barony of Clonkee, and COUNTY OF CAVAN......
Dated this 18th date of June, 1864.
GEORGE T. HAPKINS, Chief Clerk.
GEORGE Wm. THOMPSON, Solicitor,
No. 9, Hume-street, Dublin.
COUNTY OF CAVAN
IN THE COURT OF BANKRUPTCY AND INSOLVENCY
IN INSOLVENCY
In the Matter of
William READE,
an InsolventTO BE SOLD BY PUBLIC AUCTION, by order of the Court, at the Court House,
No.3, Lower Ormond Quay, Dublin, ON WEDNESDAY, the 6th day of JULY, 1864, at 12 o'Clock Noon,All the Estate, Right, Title and Interest of the Insolvent, and his Assignees, in and to ALL THAT LOT or PARCEL of GROUND situate in Church-street, in the Town of BELTURBET, in the County of Cavan, containing in front to Church Street, 42 feet, or thereabouts, and in depth from front to rere 176 feet or thereabouts, with small Dwelling House erected thereon, in which the Insolvent lately resided, held in fee simple.
Also all the part of the Lands of STRAHEGLIN, adjoining the Town of Belturbet, in the County of Cavan, being part of the Bog of Straheglin (partly reclaimed), containing 3 roods Irish plantation measure, or thereabouts, held in fee simple.
Dated 6th day of June, 1864.
THOMAS FARRELL, Chief Clerk.
COURT OF BANKRUPTCY AND INSOLVENCY
IN BANKRUPTCY
In the Matter of
John A. DOWER,
of Ballyconnell,
in the County of
Cavan, Provision
Dealer,
BankruptTHE Judges of the Court of Bankruptcy and Insolvency will sit
at the said Court, Four Courts, Dublin, Tuesday, the 5th of July,
1864, at the hour of Eleven o'Clock in the forenoon, for the
surrender of the said Bankrupt, proof of debts, and choice of
Assignee in this matter, of which sitting all persons concerned
are to take noticeAll 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 in CHARLES HENRY JAMES, Esq., 30, Upper Ormond Quay, Dublin, the Official Assignee. Dated this 23rd day of June, 1864
HUGH DOYLE, Deputy Assistant Registrar
JOHN TYFFE, Agent o the Bankruptcy, No. 20
Upper Ormond Quay, Dublin.
CAVAN PETTY SESSIONS
MONDAY, JUNE 30
(Before Theophilus Thompson, Esq., J.P., Chairman;
William Babington, Esq., J.P.; Captain Phillips, J.P., and
Captain Cumming, J.P.)WAGES
Margaret M'CONNELL summoned George CARTWRIGHT for 1l. wages. M'Connell deposed that she was hired in May last by the defendant for half a year; got a sore finger and had to remain at home for ten days; when she returned to her service she was discharged by the defendant.
Cartwright deposed that the complainant refused to assist him to carry water to sprinkle plants; he then said he would send her home and told his wife to discharge her; his wife did not then discharge her, but she went home in a few days after with a sore finger; her clothes and the money due her were sent after her....The Court discharged the complainant from her service, and ordered her to be paid for the time she had served.
LEAVING SERVICE.
Mr. Martin BEATTY summoned Ann CULLEVAN for leaving his service. The defendant did not appear, and the summons server proved that he left the summons at her mother's house.
The Court considered as the defendant was a servant and over age, the leaving of the summons at her mother's residence was not good service, and accordingly adjourned the hearing of the case.
SUNDAY POACHING
Patt BRADY and Terence BRADY, of Carrickallen, were charged at the suit of Edward SAUNDERSON, Esq., of Castlesaunderson, with trespassing on his game preserves in pursuit of game.
Terence Brady did not appear, and the summons server stated that he left the summons for him at the home of Patt Brady, where he understood he resided. Patt Brady said Terence Brady was a ragman, and occasionally resided in his house, but he had not seen him since the summons was served. The Court ordered another summons to be served in the case of Terence Brady.
Hugh SMITH deposed that on Sunday morning the 12th inst., about three o'clock, he met Patt and Terence Brady in Mr. Saunderson's game preserves with dogs and guns; the dogs were cur dogs.....Patt Brady stated that he was going to his brother's in Lavey Strand with the gun when he met Terence Brady and others in the plantation; he fired no shot and was never found there before.
Mr. Thompson--Your excuse will not do. This practice of Sunday poaching must be put a stop to......
The Court said that in consequence of its being Patt Brady's first offence, the penalty would be reduced to £2 or a month's imprisonment.
TRESPASS
James BRADY summoned James FITZPATRICK, sen., James FITZPATRICK, jun., Owen BRADY, and Patt BRADY for trespassing on his turf bank, and carrying away bog wood belonging to him. All the parties are neighbours and tenants of Major MOORE's on the townland of Corduff. It appeared that they rented bog near Billinagh (a distance of six miles from where they reside), belonging to Mr. STORY, which had been sublet to them by two men Names SMITH and BRADY. John SMITH, one of the partners who held the bog under Mr. Story, admitted that he was told by Mr. TATLOW, the agent, that the landlord would not allow any wood to be removed from the bog....There was a good deal of contradictory evidence as to the ownership of the wood in question.....The Court considered the weight of evidence when to show that at least some of the wood taken away by Fitzpatrick belonged to Brady, and in removing it the defendants acted illegally. The defendants were fined 2s 6d and costs.
LARCENY OF BOOKS
A woman, named Ellen REILLY, was brought up in custody, charged by Sub-Constable HAMILTON, with having two valuable books in her possession, for which she could not satisfactorily account.
Mr. John FEGAN, stationer of Cavan, deposed that the books produced were the property of a society of which Miss CLEMENTS, of Ashfield, was secretary; the books cost 28s.
A young man in the employment of Mr. LOUGH, of Cavan, proved that a messenger from Mrs. VENABLES left the books with him to be forwarded to Miss STAFFORD on the 14th inst.; on the same day the books were stolen from the shop.
In answer to the usual interrogatory of the Clerk, the prisoner pleaded. It was stated in Court that the prisoner had been recently convicted of the larceny of a shawl.
Mr. Thompson remarked that the Court doubted if the case ought not be sent to the Quarter Sessions as it was not the first offence for the prisoner.
She was sentenced to six months imprisonment with hard labour.
The Court were about granting Mr. FEGAN expenses for his attendance, but he declined accepting any.
THREATENING TO SHOOT.
Hugh SMITH, who was remanded from last Court day, on the charge of using threatening language in reference to W. A. MOORE, Esq., was again brought up...
Mr. Babington--If the bench believes from all the circumstances disclosed in the informations that Mr. Moore's life was endangered from the threats used, they have no discretion in the case but to place the prisoner under a rule of bail.....Mr. Tully said he appeared at the instance of Smith's mother, and although he had volunteered his services gratuitously it was in a professional way....The Court, after some consultation, said it was out of their power to comply with Mr. Tully's request, and the magistrates were unanimous in considering the rule of bail extremely moderate. It was then ordered that Smith should give security.....to keep the peace towards Mr. Moore for seven years, and in the absence of bail to be imprisoned for six months.
ABSENTING FROM THE MILITIA
A young man, named O'BRIEN, was brought up charged with absenting himself from last year's training of the Cavan militia. O'Brien produced a Doctor's certificate stating his inability to attend at that time.
Captain Phillips said the man belonged to his company, and the excuse he gave was considered satisfactory.
He was then discharged.
SUSPECTED DESERTERS
Two men, named Patrick SANDS and Richard GREY, were brought up on suspicion of being deserters. It appeared from due inquiry in the proper quarter, that the parties had been in the army, but were duly discharged. They were ordered to be released from custody.
A VIOLENT WOMAN
Laurence SHIEL summoned Susan WOODS for an assault.
The Constable proved that on that day week after leaving the Court the accused behaved in a most violent and uproarious manner in the public street; when in the police barrack she took an ink bottle from off the table, and flung it at witness.....She was sentenced to a fortnight's imprisonment.
DANGEROUS ASSAULT
Michael GALLIGAN and Thomas GALLIGAN were charged with a violent assault on James GAFFNEY. Head Constable MOORE stated that Gaffney was in the County Infirmary, and not in a condition to attend from the effects of the injuries he received.....The case adjourned till next Court day.
CAVAN QUARTER SESSIONS--FRIDAY
JUNE 24
(Before Joshua Clarke, Esq., Q.C., Chairman
of the County.)The Summer Quarter Session of this town, commenced on this day....At the appointed hour (twelve o'clock), his Worship entered the court, when P. CAFFREY, Esq., Deputy Clerk of the Peace, called over the jury panel.
The following gentlemen answered to their names, and were sworn as the grand jury.
William M. BLACK, foreman; Henry DOUGLAS, James KILROY, James MORROW, Edward FEGAN, Philip SMITH (Carrickville), James HARTLEY, T. W. SIXSMITH, Alexander KETTYLE, William FOSTER, John MURPHY, Philip SMITH (Castlecosby), John DAVIS, William H. NESBITT, Peter M'CANN, and Thomas TREVOR.
His Worship then addressed the grand jury....
The following magistrates were on the bench: Theophilus Thompson, Esq., J.P.; William Babington, Esq., J.P.; Captain Phillips, J.P.; Captain Nugent, J.P.; and _______Treston, R.M.
Ralph HARMAN, Esq., Sub-Sheriff, was in attendance.
INSOLVENT DEBTORS
Thomas REILLY, of Greaghnafarna, applied for his discharge. Mr. M'Gauran opposed on behalf of three creditors. The insolvent was what might be termed a large farmer and road contractor. At the last Quarter Sessions he was sued by one of his clients, James MAGUIRE, and on that occasion the insolvent stated that he would discharge the debt if he got time....In December last his farm was fairly stocked, and he had oats, flax, potatoes, &c. The only property he returned in his schedule was an old mare and a jaunting-car, and it was quite evident that there was an attempt at concealment on the part of the insolvent. In November last he was sued by a number of persons, and about December he got a loan of £12 from a Hugh COYLE, of Kilnaleck, his brother-in-law, for which he was sued in March, and decreed....
Thomas TRAYNOR and James MAGUIRE, to of insolvent's creditors, were produced, and proved that the insolvent was indebted to them...It was suggested by Mr. MAHAFFY, on the part of some of the creditors, that if the insolvent gave up his interest in the farm he held under Mr. Saunderson he would not be opposed. The interest in the farm was worth £100 as a recognised tenant right....
After some discussion it was arranged that the case should stand over till next Quarter Sessions, with a view of giving the insolvent an opportunity of settling with his creditors, and coming to some arrangement with his landlord.
Bernard CLARK, of Ballinagh, appealed for his discharge. James Armstrong, solicitor, opposed his discharge on the part of Mr. FLEMING, the landlord, to whom he was indebted £49 for three half year's rent.
ADDY, the bailiff on the property, stated that the insolvent held the market house in Ballinagh, from the executors of General Fleming, and for which he owed rent.....Mr. MacNALLY who appeared for the insolvent, said his client was willing to give up the premises, in his immediate possession, but part of the premises were held by Mr. MURTAGH and Mr. ADAMS of Ballyhaise.....His Worship said the rent could be recovered by ejectment. The insolvent was discharged.
SPIRIT LICENSES
There were five applications for spirit licenses, and that of John FOSTER, of Bridge-street, Cavan, and Andrew SMITH, Belturbet, were granted.
In the case of William FINLAY, Coolbawn, Mr. Thompson objected to the granting of the license. He said the neighbourhood was of a disturbed character, and there was no need of a public house in it, and that Finlay had not sufficient accommodation for the purpose.
Finlay proved that there was no public house within seven miles of his residence, and that it was on the pass from the Crossdoney railway station, and that persons going to the fair of Arvagh were in the habit of calling at his house for refreshment.
His Worship remarked that he did not know the locality, but the majority of the magistrates were opposed to granting the license, besides the certificate of the applicant was not signed by two magistrates.... The application was refused.
The application of Philip REILLY of Arvagh was also refused, on the ground that there were already a sufficient number of public houses in Arvagh.
APPEALS
There were five appeals only two of which were proceeded with. Mr. John TUITE of Belturbet, appealed against a decision of the Belturbet magistrates, recognising the right of the trustees of drainage to send their engineer and superintendent, Mr. James BRADY, of Cavan, through Mr. Tuite's premises to take levels of a wall known as the "Dummy's Wall" part of which was under the control of the trustees of drainage.....The case occupied a long time, and the magistrates were equal in their difference of opinion on it. His Worship stated that when an equal number of the magistrates were divided in opinion, the decision of the Court below should stand.
We shall give the particulars of this case, with the other business of the Sessions, in our next issue.
BIRTHS
June 22, Main street, Cavan, the wife of T. W. SIXSMITH, Esq., of a daughter.
June 18, at Lacken Mills, Ballinagh, the wife of James REILLY, Esq., of a daughter.
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