Cavan Weekly News
Published in Cavan, county Cavan
June 1, 1877
MARRIAGE.
DEVINNEY and FINLAY - May 24, at Ballyshannon parish church, by the Rev. G. S. COCHRANE, Rector, the Rev. Samuel Devinney, Clones, to Anna, daughter of the late Francis Finlay, Esq., Corville House, Bawnboy.
CAVAN STEEPLECHASES.
Stewards - J. J. BENNISON, Esq., J.P.; Capt. G. R. A. DENNE, 4th Royal Irish Dragoon Guards; Edward KENNEDY, Esq., J.P.; David FINLAY, Esq., J.P.; John C. JONES, Esq.; James P. KENNEDY, Esq.; W. A. O'BRIEN, Esq., J.P.; Capt N. GOSSELIN, J.P. Hon. Secretary - Mr. John HARRIS, Cavan. Treasurer - Provincial Bank. Judge and Handicapper - R. J. HUNTER, Esq., 17, Adelaide Road, Dublin.
(Description of the races followed.)
CAVAN PETTY SESSIONS. - MONDAY.
(Before Wm. BABINGTON and Robert ERSKINE, Esqs.)
John MAGUIRE, Philip KING, and Terence REILLY were charged with assaulting James REHILL while returning from Cavan fair on the 14th of May.
Reilly was fined £2, Maguire £1, and King 10s.
The Guardians of Cavan Union summoned Joseph BRADY, of Tullytrain, for neglecting to support his wife, whereby she became chargeable to the Union.
It appeared the parties were married in December, 1865, but had never lived together. She brought her husband £10 fortune, which had been returned to her. Defendant alleged she would not live with him, although often solicited to do so. This was denied by Mrs. Brady.
Their worships adjourned the case for a week.
Constable PHILSON summoned James DOOGAN for drunkenness and refusing to leave a public house.
Fined 10s.
Sub-Constable HEENAN charged Patt FITZPATRICK with offering to pledge seven shirts which had been stolen.
Mr. SMALL, pawnbroker, said the prisoner offered some shirts for pledge in his office; remarked them wet, and concluded they had been stolen; sent for the police and gave them the prisoner and the shirts.
Mr. Babington highly commended Mr. Small.
Sub-Constable Heenan went in search of the owners of the shirts, which he found at Macken.
Two women named STEWARD and MARRON identified five of them which were stolen off the bleach.
The accused was sent for trial at the Quarter Sessions.
Patt MARTIN, Alice BRADY, and Patt FARRELLY were fined for permitting their cattle to wander on the public road.
Francis HEERY, Patt TIERNEY, Edward MONAGHAN, and Francis M'CABE were fined for drunkenness.
Acting-Constable FEELY summoned Philip LACKEY for assaulting Joseph JOHNSTON.
Dismissed.
There was a case of trespass between Robert LOWRY and W. NAYE, which was referred to Mr. Joseph HARTLEY.
Catherine BRADY charged Philip LYNCH with an indecent assault.
The accused was admitted to bail and the parties were married on Tuesday.
THE CHURCH.
Diocese of Kilmore, Elphin, and Ardagh. - At an ordination held in Cavan Church, by the Lord Bishop of Kilmore, on Trinity Sunday, the 27th of May, the following were admitted to Holy Orders. Deacons - Richards Arthur ENGLISH, A.B.; T.C.D., for the curacy of Templemichael, Diocese of Ardagh; Edward FITZHARDINGS CAMPBELL, Can., Bac., T.C.D., for the curacy of Drumgoon, Diocese of Kilmore; John MAGILL, T.C.D., and St. Aidan's for the curacy of Ahamplish, Diocese of Elphin. Priests - Rev. Thomas REILLY, A.B., T.C.D., for the curacy of Killashee and Ballymacormack, Diocese of Ardagh; Rev. Edward IRWIN, Sen., ____, T.C.D., for the curacy of Elphin, Diocese of Elphin. The previous examination was conducted by the Bishop and his examining chaplains, the Ven. The Archdeacon of Ardagh, A.M., the Rev. Samuel SHONE, A.M. the Rev William STONE, A.M., and the Rev. William HUTCHINSON, LL.D. The sermon was preached by the Archdeacon of Ardagh, who also presented the candidates.
SOIREE in KILLINKERE SCHOOL-HOUSE.
The members of the Killinkere Band of Hope and their friends held a soiree on Thursday, the 24th inst., in the Killinkere schoolhouse, which passed off with more than usual ?clat. The flute band organized some years ago by the Rev. J. Evans PRESTON, present Incumbent of Ballivor, has now developed into a brass band. The proceeds of the soiree were to help in defraying the expenses incurred in purchasing the instruments. After tea the Rev. S. ADAMS-ROBINSON was called upon to preside. There were also present - Rev. J. Evans Preston; Rev. Mr. PORTER, Bailieborough; Dr. Caldwell, Master PEYTON, Miss ROBINSON, MISS Peyton, &c.
After singing a hymn and offering prayer, the Chairman delivered a short address, showing in appropriate terms the elevating and refining effects of the study of music, and its high value as an adjunct to family and social entertainment, and to public worship.
The Revs. Messrs. Porter and Preston also gave brief and excellent addresses, impressing on the young men present the cultivation of true, active, consistent Protestantism, and of loyalty, not merely as Protestants, but as Christians.
The pronouncing of the Benediction brought a very pleasant, well-conducted, and edifying entertainment to a close.
The enjoyment of the evening was brightened by the performances of the flute and brass band.
SUMMER ASSIZES - THE CIRCUITS.
At a meeting of the judges a few days ago, the following arrangements for the new circuits were made:-
HOME. - Mr. Justice O'BRIEN and Mr. Baron DEASY.
MUNSTER. - Mr. Justice KEOGH and Mr. Justice FITZGERALD.
NORTH-EAST. - The Lord Chief Justice and Mr. Justice BARRY.
NORTH-WEST. - The Lord Chief BARON and Mr. Baron FITZGERALD.
CONNAUGHT. - Chief Justice MORRIS and Mr. Baron DOWSE.
LEIDSTER (sp?) - Mr. Justice LAWSON and a Commissioner of Assize.
The Home Circuit will go out on the 28th June, and the Connaught Circuit on the 18th of July.
THE ALLEGED MURDER IN MONAGHAN - ASTOUNDING ATROCITY.
Shercock, Monday.
A magisterial investigation was commenced in the courthouse here on Saturday, before Captain WARING, R.M., respecting the death of Margaret M'CAUL, wife of Patrick M'Caul, who was found murdered in a gripe in the townland of Lisniskea, near Lough Bawn, in the county Cavan, on the 13th instant, and whose death we announced on Friday last. Patrick M'Caul, husband of the deceased, who has been in custody for a fortnight on suspicion of having perpetrated the murder, was present in charge of the governor of Monaghan jail. Mr. FAUSSET, Sub-Inspector, was present; and Head-Constable NEILLY, of Carrickmacross and Constable NAUGHTEN, of Castleblaney, conducted the prosecution on the part of the Crown. Drs. GILMOUR and MORTON, of Castleblaney made a post-mortem examination, and gave evidence of the result.
Dr. Morton said - I have with Dr. Gilmour, examined the body of Margaret M'Caul, stated to have been found dead on the 12th instant. There was no evidence of decomposition. The body was that of a healthy, well-nourished woman apparently fifty years of age. The veins of the head and neck were congested. There were no marks of violence, except some slight scratches on the face, an abrasion on each side of the under lip, and a contused wound under the upper lip at connection with the gum. Bloody fluid was escaping from the mouth. The tongue was swollen, and in the mouth and nostrils we found wet clay and fibres of withered grass. The same substance also appeared oozing out from the passage from the nostrils to the throat. We proceeded to examine the internal organs. The brain was healthy, no blood extravasated, and no effusion into its ventricles, but the venous system was gorged with blood. On opening the larynx, besides the same muddy substance as in the mouth, we found a portion of a withered rush, about two inches long. This, from its position, must have caused violent spasms in a living person. We found the entire air passages loaded with mud, which entered so completely into the finer bronchi that when the substance of the lung was cut it exuded therefrom. The lungs were healthy, but congested. The heart was healthy, empty, and its valves complete. The liver and kidneys were also healthy. We conclude that death was caused by suffocation from wet clay or mud entering the air passages. We believe it could enter the finer bronchi only by violent efforts of inspiration; and we believe that the sworn evidence - that the face of the deceased was clear and not in mud when first found - is inconsistent with the supposition that she fell into muddy water. We believe that if she inspired this mud while accidentally lying on her face she would have been found in the same position after death. There being no evidence of any struggle on the hands of the deceased, we have given the necessary vicera to the constable for analysis, as insensibility may have existged from intoxication or other cause.
Dr. Gilmore concurred.
Fifteen other witnesses were examined, most of whom saw the deceased going along the road on the morning of the 12th of May in the direction of Ballytrain, in the county Monaghan, accompanied by a man of the exact size and appearance of the prisoner, but they all shrank from swearing that he was positively the man. It was proved by several witnesses that neither the deceased nor the person who was with her had any bundle or luggage when going in the morning to Ballytrain, and they all swore that the deceased wore a red and white shawl around her head. This shawl was not on the deceased when she was found; but in the evening the prisoner was seen returning from the direction of Ballytrain with a bundle under his arm. He went into a field, and held a conversation with a man named MARKEY about "the lateness of the crops," and at that time he had the bundle under his arm. A witness named Bridget MARRON who had frequently seen the deceased in Bawn chapel, met her and a man on the pass leading through "Duffy's farm" to a fort, and deceased asked her if she could get that way to Ballytrain. This witness observed closely the dress of the deceased, and instantaneously recognized and identified the petticoat she wore when it was produced by the constable, and which had been found in the prisoner's house. But she refused to identify the prisoner as being positively the person whom she saw with the deceased. She said the hat the prisoner had in court - a round hard one - was not the one that was worn by the man whom she saw. It was a larger hat and soft.
Some constables were now privately dispatched to the prisoner's house, about four miles from Shercock, and brought back from it a large soft hat they found, and somewhat remarkable in appearance. When this hat was placed on prisoner's head Bridget Marron was re-called, and said, "I see the hat now placed on the prisoner; it is just like the one I saw on him on the 12th May. He is now altogether like the man I saw, but I cannot swear it is him.
Elizabeth HANRATTY (another witness who had been previously examined) was also recalled, and when the hat was about to be placed on the prisoner she said to the constable, with somewhat of concern in her manner, "I wish to God you would throw that hat into the river!" In reply to the court, she said, "That is exactly like the hat I saw on the head of the man who was with Margaret M'Caul on the 12th of May."
On the application of Head-constable NEILLY, who said he had still eleven or twelve witnesses to examine and expected others, the inquiry was adjourned, pending the result of Dr. CAMERON's analysis, and the prisoner was remanded to Monaghan gaol.
It may be mentioned that although there is much hesitancy on the part of the witnesses to identify the prisoner as the man whom they saw with the deceased, there is a strong feeling against him in the neighbourhood, and on Saturday morning when he was being conveyed to Shercock on an outside car, the country, people, especially the women, ran to their doors on the approach of the cars, exclaiming, "Hang him! Hang him".
The prisoner was not represented by any attorney and during the day maintained a stolid silence and refused to put any question to the witnesses.
June 15, 1877
PLUMBING, GAS-FITTING, COPPER & TIN SMITH ESTABLISHMENT,
14, MAIN-STREET, CAVAN
Established upwards of Quarter of a Century
WILLIAM MORRIS & SON - Beg to return thanks to the Nobility, Clergy, Gentry, and Inhabitants of Cavan and the adjoining Counties for the kind patronage bestowed upon them for upwards of the last 25 years and trusts from the workmanlike style and satisfactory manner in which they have completed former contracts t have a continuation of their esteemed orders, when they will have all work entrusted to them done with the greatest dispatch and in the best manner, by an efficient staff of workmen, and on the most moderate terms.
A large stock of Pumps on the different principles, Water-Closets &c., always on hand to select from
WILLIAM MORRIS AND SON,
PLUMBERS, &c.,
14, Main-Street, Cavan
WILLIAM MATTHEWS
(Son of the late Stephen Matthews),
HOUSE AND SIGN PAINTER, PAPER HANGER,
DECORATOR, &c.,
WESLEY STREET, CAVAN.
W.M. respectfully begs to announce that he is now fully prepared to execute al (sic) orders in the above line, and by strict attention and punctuality hopes to merit a continuance of his late father's business.
READY MADE CLOTHING.
We have just received a magnificent assortment of
GENTLEMEN'S
YOUTHS',
And BOYS' SUITS
DUST COATS,
Elegantly made to our own order, and of materials we can engage at extremely Moderate Prices, to which we respectfully Invite
Attention.
JOHN GANNON & Co.
Cavan, 20th April, 1876.
JAMES SMITH,
PAINTER, GLAZIER & PAPER HANGER,
COLLEGE STREET, CAVAN.
Returns thanks to his numerous kind Patrons for their liberal support since he commenced business, and begs to assure them that nothing shall be wanting on his part to merit a continuance of their support.
SAMUEL SMYTH
WHITESMITH,
MILL-STREET, CAVAN.
Begs to inform the inhabitants of Cavan and surrounding districts, that he is prepared to execute all work in the Whitesmith Business, in the best manner and at the most moderate prices.
SAMUEL SMYTH,
WHITESMITH,
MILL STREET, CAVAN.
May 10th, 1877.
MARVELS OF CHEAPNESS
Sixty-four Pages. Illustrated Covers.
HISTORICAL BIOGRAPHIES.
MEN OF WHOM THE WORLD HAS HEARD.
ONLY THREEPENCE EACH.
LIVES OF
WILLIAM III.,
DUKE OF WELLINGTON,
LORD NELSON,
OLIVER CROMWELL,
NAPOLEON,
GEORGE WASHINGTON.
"Lives of great men all remind us
We can make our lives sublime;
And, departing, leave behind us,
Footprints on the sands of time."
To be had at FEGAN'S, 19, Main-street, Cavan.
FIRE OFFICE, LONDON
Established 1710.
HENRY F. SHAW LEFEVRE, Esq., Chairman and Treasurer
Total Sum Insured in 1875 - £247,278,909.
Claims paid during the last ten years - Upwards of Two Millions Sterling
All information respecting Fire Insurances may be obtained from the undermentioned Agent of the Society.
MR. JOHN FEGAN
PRINTER, &c., CAVAN
McMAHON'S
WATCHMAKING, JEWELLERY (sic), & FANCY WAREHOUSE,
CAVAN.
The Subscriber begs to invite the attention of his numerous customers and the public in general to his
NEW STOCK OF GOODS,
Which comprises:-
Ladies' and Gents' Watches in gold and silver, of the newest and best make and finish.
Chains and Guards in great variety and newest patterns.
A large assortment of Gold, Silver, Jet, Bog Oak, and Plated Jewellery.
Drawingroom, Diningroom, Bedroom, Hall, Office, and Kitchen Clocks.
Electro-plate and Fancy Goods in great variety.
Guns (double and single barreled), Breechloaders, Pistols, and Revolvers, by the best makers.
In addition to the above J. M'M. begs to intimate that he has a select stock of Fancy Tobacco and Cigars, of the finest and best quality; also Meershaum, Briar-root, and other Fancy Pipes.
Payment for Watches and Clocks taken by the week or month on approved security.
84 MAIN-STREET, CAVAN.
HOTEL.
TO BE SET,
with immediate possession,
THE HOTEL AT TRIM.
THIS HOTEL, situated in the County Town of Meath, is now vacant, and would be set on very advantageous terms. Placed as it is in the centre of one of the best hunting districts of Ireland, it affords unusual advantages, and could be made a most paying concern by an active proprietor.
Proposals in wiring will be received by
M. WELD O'CONNOR, ESQ.,
Baltragna, Oldcastle.
SERGEANT GREY, Watergate-street, Trim, will show the premises.
BELTURBET LAWN QUARRY.
THE ABOVE QUARRY IS NOW OPEN, AND IN GOOD WORKING ORDER.
Having engaged the service of
EXPERIENCED QUARRYMEN,
I am now able to execute
ORDERS FOR EVERY KIND OF WORK,
(At Most Reasonable Terms),
Either in
ROUGH STONES OR FINISHED OFF,
By
MESSRS. RATICAN & SONS.
I can also offer the
BEST QUALITY of BUILDING STONES
from the
DRAINAGE WORKS,
Now in operation in BELTURBET),
There being a large quantity to select from; together with
PIPING, FLAGS, AND QUOINS.
Orders received by the Owner of the LAWN,
And Agent for the DRAINAGE COMPANY,
WILLIAM MARTIN.
CAVAN EMIGRATION OFFICE,
19, Main Street.
PASSAGES CAN BE SECURED AT THE above address by every Steamer or Sailing Ship leaving the United Kingdom for-
NEW YORK and other places in the UNITED STATES.
QUEBEC, MONTREAL, and all parts of CANADA.
MELBOURNE, SYDNEY, ADELAIDE, BRISBANE, and various Ports in AUSTRALIA.
AUCKLAND, OTAGO, AND THE Chief Ports in NEW ZEALAND.
SAN FRANCISCO, WEST INDIES, SCHINA, INDIA, CAPE OF GOOD HOPE, NATAL, JAPAN, Etc.
Tourists' Tickets will, in the Season, be obtainable for Niagara Falls and numerous places of interest in the United States and Canada.
Apply to
JOHN FEGAN, Steamship
and Passage Agent, 19, Main-street, Cavan.
IN THE LANDED ESTATES COURT,
IRELAND.
SALE
On TUESDAY, the 19th day of JUNE, 1877.
In the Matter of the Estate of
JAMES BRADY,
Owner;
FRANCES DONOHOE,
Petitioner
Contained in the names of
TERENCE BRADY and FRANCES BRADY,
Otherwise DONOHOE, his Wife
Petitioners.
TO BE SOLD BY PUBLIC AUCTION,
In one Lot,
Before the Right Honourable Judge ORMSBY,
At the Landed Estates Court, Inns-Quay, in the city of Dublin.
On TUESDAY, the 19th day of JUNE 1877.
At the hour of 12 o'clock, Noon.
Part of the Lands of CLONERVY, containing 49s. 3r. 3p. statute measure, situate in the barony of Upper Loughtee, and county of Cavan, held under Lease dated the 19th September, 1863, for three lives, still in being, namely: James BRADY, the owner, of Clonervy, stated in said lease to be then aged about 27 years; and John BRADY, son of Bernard BRADY, of Corranure, stated in said lease to be then aged about 24 years; all in the county of Cavan, and the survivors and survivor of them, or for 31 years, to be computed from the 1st day of November, 1839, at the yearly rent of £17.
Dated this 28th day of April, 1877.
F. LYNCH, for Chief Clerk.
DESCRIPTIVE PARTICULARS.
The Property offered for Sale is situated about 4 miles from Cavan, and is all in the occupation of the owner.
The Lease gives the Lessee liberty to cut turf thereon for use, but not for sale.
There is a farm-house on the Lands.
For rentals and further particulars apply at the Registrar's Office, Landed Estates Court, Inns-quay, in the city of Dublin; or to
HUGH P. KENNEDY, Solicitor having carriage of Proceedings,
106, Lower Gardiner-street, Dublin,and Cavan.
IN THE LANDED ESTATES COURT.
In the Matter of the Estate of
HUGH JOHN INGHAM, Owner;
The said Hugh John Ingham, Executor of
Maria FINLAY, Petitioner;
TO BE SOLD BY AUCTION.
In One Lot,
On Thursday, the 3rd day of JULY, 1877,
At noon,
Before the Right Hon. Judge ORMSBY,
At the Landed Estate Court,
Inns-quay, Dublin,
The Lands of Carriagan, otherwise Carrighill, containing 94a. 0r. 27p. statute measure, situate in the barony of Lower Loughtee, and county of Cavan, held in fee-simple, and producing a net profit rent of £127 17s. 4d.
Dated this 6th day of June, 1877.
Henry Robt. GREENE, Chief Clerk.
DESCRIPTIVE PARTICULARS.
This estate, in possession of a single tenant, is situate about half a mile from Belturbet, and nine and a half from Cavan and Clones, market towns and railway stations. There is a handsome gentleman's residence, with farm-yard, offices, and gate-lodge. The lands are neatly planted on the borders of a large lake. There is abundant fishing at hand.
The lands are in possession of one tenant, who pays his rent punctually.
For rentals and further particulars apply at the Registrar's Office, Landed Estates Court, Four Courts, Inns-quay, Dublin; or to
MAXWELL and WELDON, Solicitors,
Having carriage of Sale,
37, North Great George's-street Dublin.
LANDED ESTATES COURT, IRELAND.
FINAL NOTICE TO CLAIMANTS AND INCUMBRANCERS.
In the Matter of the Estate of
CHARLES CLARKE,
Owner;
Ex-parte,
John McDERMOTT,
Petitioner.
TAKE NOTICE that the Schedule of Incumbrances affecting part of the lands of Edennagally, otherwise Edendogally, situate in the barony of Clonkee, and county of Cavan, containing 319s. 2r. 18p. statute measure, held under Fee-farm-grant dated 12th March, 1853, is lodged with the Clerk of the Records of this Court, and any person having any claim not therein inserted, or objecting thereto, either on account of the amount or the priority of any charge therein reported to him or any other person, or for any other reason, is required to lodge an objection thereto, state the particulars of his demand and duly verified with the said Clerk, on or before the 29th day of June, 1877, and to appear on the following Wednesday, July 4th, at 11 o'clock before the Honorable Judge ORMSBY, at his Court in Dublin, when instructions will be given for the final settlement of the Schedule; and further take notice, that any demand reported by such Schedule is liable to be objected to within the time aforesaid.
Dated this 7th day of June, 1877.
JAMES M'DONNELL, Examiner.
CRONHELM, SON and TOBIAS, Slicitors
Having carriage of Proceedings,
9 Eustace-street, Dublin.
LANDED ESTATES COURT, IRELAND.
FINAL NOTICE TO CLAIMANTS AND INCUMBRANCERS.
In the Matter of the Estate of
JOHN MACKEY LEWERS, LUCINDA DOBBIN LEWERS, and WILLIAM CARROLL,
Owners and Petitioners;
And in the Matter of the Estate of
ROBERT ALEXANDER LEWERS,
An Owner of the Land,
And in the Matter of the Partition Act, 1868.
TAKE NOTICE, that the Schedule of Incumbrances affecting part of the Lands of Drumcondra, containing 44 acres, together with an acre of bog partly cut away, adjoining the holding of John Wm. MARTIN, being part of the townland of Drumcondra, situate in the barony of Clonkee, and county Cavan, is lodged with the Clerk of the Records of this Court, and any person having any claim not therein inserted, or objecting thereto, either on account of the amount or the priority of any charge therein reported to him or any other person, or for any other reason, is required to lodge an objection thereto, stating the particulars of his demand, and duly verified, with the said Clerk, on or before the 6th day of July next, and to appear on the following Wednesday, at eleven o'clock, before the Honorable Judge ORMSBY, at his Court in Dublin, when instructions will be given for the final settlement of the Schedule. And further take notice, that any demand reported by such Schedule is liable to be objected to within the time aforesaid.
Dated this 13th day of June, 1877.
H. R. GREEN, Chief Clerk.
HORAN and BOURKE, Solicitors having
the carriage of proceedings,
47 York Street, Dublin.
BIRTH.
BURROWES - At 2B Albermarle-street, London, the wife of R. J. Burrowes, late Captain King's Dragoon Guards, of a daughter.
MARRIAGE
REA and HEWITT - June 6, in St. John's, Cloverhill, by the Rev. W. REYNELL, B.D., Mr. John Edward Rea, Kilduff, Belturbet, to Annie, youngest daughter of Mr. Thomas Hewitt, P.L.G., Rahillston, Belturbet.
DEATHS.
FULTON - June 11, at Mullingar, Margaret, wife of Mr. David Fulton, V.S.
VEITCH - June 9, at Cormeen, Thomas, eldest son of the late Thomas Veitch, of Cormeen, in the 34th year of his age. Deeply regretted by all who knew him.
APPROACHING MARRIAGE OF EARL ANNESLEY.
A marriage has been arranged, and will take place in the beginning of July, between Earl Annesley and Mabel, eldest daughter of Colonel and Mrs. MARKHAM.
Surgeon WILSON, the eminent Oculist, died in Dublin on Wednesday night.
CAPTAIN BENJAMIN S. ADAMS,, Shinan, Shercock, has started on a tour through Canada.
BANK OF IRELAND. - Mr. Frederick ROBINSON, Sub-Agent, Cavan, has been appointed Agent at Kilbeggan, vice Mr. Richard P. PINCHIN, removed to Mallow.
ACCIDENT. - James DOWLER, a car-driver in the employment of Mr. MERVYN, Royal Hotel, fell off a car last night while returning from Ballinagh, and broke his leg. He was taken to the County Infirmary.
ACCIDENT IN A QUARRY AT DRUNG.
On Friday last, two men named M'ENTEE and REILLY were blasting in a quarry at Drung. The "charge" missed. They commenced to make some alterations when it suddenly went off and injured the men. They were conveyed to the County Infirmary, where, under the skilful (sic) treatment of Dr. MEASE, they recovered so far as to be able to go home on yesterday.
COUNTY CAVAN PROTESTANT ORPHAN SOCIETY.
The Friends of the above Society are requested to take notice that
A BAZAAR
In aid of its Funds will (D.V.) be held in
C A V A N
In the Autumn of the present year.
Donations of work or other articles will be thankfully received by the Hon. Secretary,
REV. W. H. HUTCHINSON, LL.D.
Cavan, May 17, 1877.
MAN and WIFE want Situations - the former as GENERAL LABOURER, and the latter would take charge of a Dairy and assist in Cooking; have lived in last situation for upwards of 6 years; and they are both sober, honest, and well-conducted; the Man is a good, strong labourer; can mow, stack corn, and rick hay; is also a good herd, and has reared some excellent calves and pigs; is handy at rough carpentry. Wife is a clean, tidy person, and both she and her husband gave every satisfaction in last situation, in which both they and their three young children were accommodated; both are Protestants; left last situation at their own request; good references. Address "W.G., " Post-Office, Cavan.
CAVAN PETTY SESSIONS. - MONDAY.
(Before John T. DILLON and John FAY, Esqs.)
James CONNERTY, Michael FAY, and Patt FAY were charged with assaulting a young man named REILLY while returning to Ballyhaise from the races.
The charge against Patt Fay was dismissed; James Connerty and Michael Fay were sent to gaol for fourteen days.
John DOOGAN, Patrick DOOGAN, James BRADY, and Andrew BRADY were charged with assaulting Luke BRADY and taking a bottle of whisky from him.
Mr. ARMSTRONG appeared for the accused.
The prosecutor (who appeared to be a little "soft") said he was sent by his master to Ballyhaise for three loaves of bread and a bottle of whisky; went to Mrs. ADAMS's for them; met the prisoners there, and they all had a "treat" together; he then went for home when the prisoners followed him, knocked him down, and took the whisky from him.
In reply to Mr. Armstrong, he said only Patt Doogan and James Brady were at the taking of the whisky.
Mr. Armstrong called upon their worships to dismiss the charged against John Doogan and Andrew Brady.
Mr. Dillon - We will.
Witness said it was between 9 and 10 o'clock - dark and raining at the time; where the assault took place was a quarter of a mile off.
Two witnesses proved they were with James Brady from the time he left Mrs. Adams's until after 12 o'clock, and he could not have been at the place at the time stated by Luke Brady; they did not see Patt Doogan after they left Mrs. Adams's.
Mr. Dillon said it was clear James Brady was not at the assault.
Mr. Armstrong said Luke Brady swore positively Patt Doogan and James Brady assaulted him; it now turns out that he has made a mistake about James Brady. Might he not be mistaken about Pat Doogan?
Mr. Dillon - We think not. We will fine him 10s. for the assault; and 5s. compensation for the whisky and costs.
Michael M'CABE summoned Joseph FITZSIMMONS for trespassing on his land at Augharaghan.
Fined 6d. and costs.,
Mary MAGOVERN summoned Robert WILSON for overholding possession of a room in Cavan.
Decree to possession granted.
Mr. Thomas W. SIXSMITH processed Pat BRADY for 18s. alleged to be due for goods purchased at Mr. DONEGAN's auction.
Decree granted.
TERRIBLE HOMICIDE AT FINTONA.
Omagh, Friday.
Early on Friday morning last a most melancholy occurrence took place in the immediate neighbourhood of Fintona. A young man named Michael M'GOWAN, between 25 and 28 years of age, had been at a wake in the town on Wednesday night. Next morning he came home evidently the worse for liquor, and endeavoured to obtain a sum of money from his mother. In this endeavour he did not succeed, and at about half-past six o'clock he proceeded to a turf shed situated about 100 yards from the house. His father, Martin M'Gowan, seems to have followed him and to have had some words with him, and in consequence (as is alleged by his father) of him drawing a knife and attempting to use it on his father, the latter lifted a spade and hit him several times over the head and face with it. The father dragged the body into the shed and covered it with turf, after which he went home. A few hours afterwards he went to Dr. ROBINSON and gave himself up, intimating he had killed his son in consequence of the latter drawing a knife. The prisoner was brought to the barracks and Constable KEELY with Dr. Robinson went in search of the body; which was found in the shed as described. Later in the day the Cunty Inspector and Sub-Inspector S. N. STEPHENS, Esq., arrived in town and viewed the scene of the occurrence. The prisoner occupied a corner house on the Dromore Road and over the door his name appears on a signboard. His family consists of a wife and three sons living. The latter are employed on the railway as porters, &c. The deceased had not been so industrious as the remainder of the family, and had been for some time in America. The body of the deceased was laid out in a small room adjoining the kitchen, and presented a melancholy aspect. The clothes and features were partially covered with dirt and turf mould just as they were discovered. On the face several small ragged wounds were to be seen, and the left eye was much swollen. About five o'clock in the evening an investigation was held in the dayroom of the barrack, before G. A. MALONY, Esq., R.M. The county inspector and sub-inspector were also present. The prisoner was brought in and accommodated with a seat. He is a fresh, sharp-featured man, of between 50 and 60 years of age, and evidently felt the horror of his situation. Several witnesses having been examined, Mr. Malony intimated to the prisoner that he would be remanded for eight days until the medical and other evidence was obtained. The prisoner was removed to the county jail same evening.
A RESULT OF THE POPE'S JUBILEE IN LIMERICK.
At the Limerick City Sessions on Friday, five persons named John M'NAMARA, Francis KENNY, James O'SHEA, Joseph KENNY, and Anne KENNY, were charged with having seriously assaulted a man named O'MARA, his wife and son. It appeared from the evidence that on last Saturday morning the O'Maras and the other parties were engaged in decorating their houses for the next day, when celebrations in honour of the Pope's jubilee were to take place, when a dispute arose as to who should have possession of some trees. A sanguinary fight ensued, hatchets, cleavers, hammers, and stones being freely used. Mrs. O'Mara was knocked down and severely cut in the head with a stone, and her husband and son received similar injuries. Several witnesses were examined to show that the complainants were the aggressors, and that O'Mara and his son made a vigorous attack with cleavers on the defendants, some of whom were knocked senseless on the ground, while others had to fly for their lives. The magistrates discharged O'Shea, as the evidence against him was not conclusive; but they believed the other defendants had committed a wanton and unprovoked assault and sentenced them to one month's imprisonment each, with hard labour.
June 22, 1877
EDWARD KENNEDY, ESQ., J.P., was, on Wednesday, re-elected Chairman of Cavan Town Commissioners for the ensuing year.
CAVAN SUMMER SESSIONS.
The June Sessions commenced on Monday before
JAMES ROBINSON, Esq., Q.C., Chairman, And the following magistrates:- Philip SMITH, Esq. (Castle Cosby); Edward SAUNDERSON, Esq., D.L.; John NIXON, Esq.; Captain WARING, and Rev. Edmond B. W. VENABLES.
The following were sworn as
THE GRAND JURY.
William ADAMS (foreman), Thomas TRAYNOR, Fitzherbert RATHBOURNE, Terence DUNNE, Henry SAUNT CLEMENGER, Humphrys JONES FEGAN, Joseph HENRY, William JENNINGS, James LOVE (or Lowe), Peter M'KIERNAN, John SMITH, Thomas BOYLE, Adam COCHRANE, John FLOOD, John HOWE, Thomas M'NALLY, Philip SMITH, Edward COONEY, Michael LYNCH, David MAGEE, James COONEY, Patrick LYNCH, and James LEE.
CROWN BUSINESS.
Larceny.
Mary Ann Harriss SMITH was indicted for stealing £15 from Patraaick CONATY on the 14th of May last.
Patt Conaty deposed that he lived in Bannaher; he was standing on the footpath outside Mr. James GALLIGAN's public house, at about 9 o'clock, on the 14th May, when the prisoner came up to him and asked him how he was; said he did not know her; she replied that he new her well, and said - "Are you not going to give me my 'faren;'" witness told her that he did not understand what she meant; she then said she would take a glass of punch from him; she put her hand against his breast and shoved him into Mr. Galligan's shop; witness laughed at the idea, and after again expressing his ignorance as to who she was, he went into the shop for the purpose of giving her a drink; witness approached the bar, but discovered the prisoner did not follow him; a short time afterwards he had occasion to look for his purse, but found it had been taken; was certain he had the purse in his pocket at the time prisoner confronted him outside the shop; it contained two £5 notes and five £1 notes; the purse was not found until next morning.
Hugh CRUMLY deposed to finding the purse next morning in the water table at Mr. Galligan's.
Head-Constable SOREY stated, in reply to the Chairman, that he knew nothing of the antecedents of the prisoner.
The prisoner loudly protested against the charge.
She was found guilty, and sentenced to four months' imprisonment.
Alice SMITH was indicted for having stolen, on 3rd April last, at Kingscourt, 2 small frocks, 1 ladies' jacket, and 1 handkerchief, the property of Eliza GAFFNEY.
She pleaded "Not Guilty," and was defended by Mr. ARMSTRONG.
Mrs. Gaffney said - I sell old clothes, and live in Navan; I attend different fairs and markets; was in Kingscourtfair on 3rd April last; was exposing goods for sale at my standing; remember prisoner coming up to purchase;; she asked for a child's frock; I handed her one, but she didn't buy it; she bought a skirt at 2s. 4d.; she had a basket on her arm at the time; I suspected she had "lifted" something from off my standing; I saw her put the corner of her shawl over the basket; when giving her the skirt I lifted the shawl off the basket, opened it, and found the four articles produced in it; they are my property, and were on the standing when the prisoner came up; told prisoner she must either give them up or pay for them; prisoner said she would only pay for what she got; I then gave her in charge of the police.
To Mr. Armstrong - I had goods on the ground also; I "heaved" the articles over to prisoner to see what she required; prisoner never asked the price of them; did not see prisoner put the articles mentioned into her basket.
Hugh M''CABE said he saw prisoner at Mrs. Gaffney's standing; saw Mrs. Gaffney take the clothes produced out of prisoner's basket, and heard her say they belonged to her; prisoner said nothing; heard Mrs. Gaffney tell prisoner that if she would pay for them there would be no more about it.
Sub-Constable GREEN arrested the prisoner; after being cautioned, she said that all she had got from Mrs. Gaffney was a skirt, and that she would pay for nothing else.
Mr. Armstrong addressed the jury in behalf of the prisoner. He said the prisoner was a very respectable person; and if anything occurred it was a misconception on the part of Mrs. Gaffney. According to his instructions, his client went up to this woman's standing, priced the articles, offered her 6s. for them, and then put them in her basket, thinking she would "pull her down." He hoped they would not believe that a woman who had borne an exemplary character up to the present would so far forget herself as to commit such an act as would ruin her character for life. He could produce a respectable man to show that she had borne an unexceptionable character.
James KIERNAN said he knew prisoner's family for the last twenty years, and, to his knowledge, never knew prisoner to commit an act of dishonesty in her life.
She was found guilty, with a recommendation of mercy, and sentenced to one month's imprisonment.
Assault.
John FARRELL and James FERRELL were indicted for having, on the 1st May last, assaulted Alex. NAYE, of Poles.
Mr. Naye deposed that he was driving a horse and cart up the Dublin road; overtook prisoners when about a mile from Cavan; they were going in the same direction; John Farrell asked him if he was going to drive over them; he was walking the horse at the time; got out of the cart and walked by the horse's head; did not go three yards further until they "faced" him on the road; he said he did not want to have anything to do with them; as he was about to give another step onward he was struck on the eye by John's hand; James then struck him on the head with the leg of a pair of tongs (produced), which cut his hat (produced) and inflicted a severe wound on his forehead (showed wound); got two other wounds on back of his head, but they were not as severe as the one he received on the forehead; his arm was blackened and bruised also; got up into the cart and drove home. Was attended by Dr. MATTHEWS next morning at his own house; had no ill-feeling against prisoners; had one of them hired for three months.
One of the prisoners to Mr. Naye - Did you not strike first?
Mr. Naye - I did not.
Prisoner - Were you not driving at a furious rate?
Mr. Naye - No; I was walking at the time.
Prisoner - When coming up to me were you not shouting - "To h___ with the Pope?"
Mr. Naye - Never made use of such an expression.
Constable HAMILTON - Heard of the assault, and went in search of the prisoners; met them on the Stradone road, near to the residence of the Rev. Mr. JEBB, and arrested them; before proceeding to search John he observed an iron falling out of his sleeve on to the side of the road; asked him what was that; prisoner replied that it was a tip which fell of his boot; after leaving them in the barracks he went back to the place and found a piece of iron (a leg of a tongs) lying on the road side.
Dr. Matthews deposed to the nature of the wounds; for eight or nine days Mr. Naye's life was in danger.
In answer to his Worship, Mr. Naye stated that he still suffered from a severe pain in his head.
After about ten minutes' deliberation, the jury returned a verdict of guilty, and they were sentenced to two months' imprisonment.
Larceny of an Ass.
Francis FARRELLY was indicted for having in his possession on the 13th of April, at Cornalara, near Shercock, an ass which had been stolen from James Farrelly, who resides in the county Monaghan.
James Farrelly said he closed his ass up in a field on the evening of the 26th of March; next morning he could not find her; he searched for her everywhere; she had a good coat of hair, and full-grown mane and tail when she went away; about four o'clock on the 7th of April the prisoner met him near his residence and asked him if he had got his ass yet; he said no; on the 13th of April he went with the constabulary to prisoner's residence and found his ass; she was greatly disfigured; her hair cut; main and tail "shaved" and a mark on her leg where she had been tied.
To Mr. Armstrong - She was out in a field not concealed in any way. The witness caused much laughter by describing certain private marks on the ass, such as a tooth "cooking out," "innocent looking face," &c.
To the Chairman - The prisoner said in Shercock barracks that he supposed she had strayed to his place.
Patt MOONEY deposed that between 10 and 11 o'clock on the 7th of April he saw the prisoner driving the ass in the direction of the prosecutor's.
Mr. KENNEDY - And the prosecutor has sworn that he met him between 3 and 4 without her when he asked if he had got his ass.
Patt Mooney - It is about five miles from the prisoner's to the prosecutor's; the prisoner's ass died in the winter.
Michael TIERNEY lived near prisoner; he did not hear about a stray ass being in the neighbourhood, nor see notices up about it.
He was found guilty, and sentenced to four months' imprisonment.
James WALLER and Robert WALLER were indicted for assaulting Sub-Constable Charles YOUNG, of Virginia, on the 1st of June last.
From the evidence it appeared the Constable was about to exute a warrant when the defendants assaulted him.
Allowed out on bail to appear for judgment upon 14 days' notice.
Thomas MAGOVERN was indicted for assaulting Francis KING, at Gortnullaghan, on the 25th of May last.
It was a dispute about a bog lot, and the assault was very trifling.
Allowed out on bail, to appear for judgment upon 14 days' notice.
Patt FITZPATRICK pleaded guilty of having, on the 24th of May, at Drumlaragh, stolen two shirts the property of James MARRON, and three the property of James STUART.
He was sentenced to six weeks' imprisonment for each.
The following cases were sent to the Assizes - James LEDDY, larceny of a bank cheque; James BYRNE, rape.
Spirit Licenses.
Catherine BANNON and Hugh M'CAFFREY, both of Swanlinbar, applied for transfers of license.
Granted.
Appeals.
George BUCHANAN appealed against a decision of the magistrates at Cavan Petty Sessions, where by John DOWNEY was directed to pay him 15s. (instead of £1 10s. claimed) for repairing a chimney of disputed ownership.
As Buchanan did not appear when called, the appeal was struck out.
The Chairman said he would allow Buchanan the 15s. ordered by the magistrates, without costs.
Mr. Kennedy appeared for Mr. Buchanan; and Mr. Armstrong for Mr. Downey.
Charles M'LOUGHLIN and Peter M'LOUGHLIN appealed against a sentence of two months' imprisonment, passed upon them at Blacklion Petty Sessions, on the 9th of April last, for having assaulted Peter MAGOVERN.
Mr. Kennedy objected to the appeal being heard as the appellants had not served certain notices required by the statute.
As the Chairman ruled the objection fatal, the conviction must stand.Wednesday.
Undefended Ejectments.
Babingon LITTLE v. Wm. MOORE and others
For £49, three and a half years’ rent of a farm near Redhills.
Decree to possession granted.Trustees of Mrs. Louisa BALLAM v. John COSTELLO
For £6 14s. 3d., one year’s rent up to May last of premises in Arvava.
Decree to possession granted.Trustees of John N. STRANGE, a Minor, v. Charles HOUSTON and others
For £40 8s. 10d., one year’s rent of a farm up to May last.
Decree to possession granted.Thos. S. O’REILLY v. Philip BOYLAN
For one and a half year’s rent of a house in Ballynagh.
Decree to possession granted.Defended Ejectments.
Joseph Wm. TILSON v. James GRIFFITH and others
For recovery of possession of a dwelling-house in Belturbet and plot of bog in Curlaghaloo, alleged to be held by defendants as tenants at will.Mr. ARMSTRONG appeared for plaintiff; and Messrs. M’GAURAN and KENNEDY for defendants.
George INGHAM proved the services of the Notice to Quit and Ejectments, and demand of possession.
Mr. Thomas CLARKE said he was agent of Mr. Joseph W. Tilson, who is at present in Australia; the premises in dispute were taken originally by James Griffith, husband of Jane Griffith, and father of the co-defendants at £9 a year; the Notice to Quit is signed by Mr. Joseph W. Tilson.
To Mr. M’GAURAN – The Tilson family hold the premises since the time of Charles II.; plaintiff went to Australia about 14 or 15 years ago; knew him since his birth; got no power of attorney from him; Jonathan Tilson was father of plaintiff.
Mr. M’Gauran produced a number of receipts for rent – some as far back as 1848 – of a "house in Main-street, Belturbet," or a "holding in Main-street, Belturbet," without any mention of the bog plot in Curlaghaloo.
Mr. Clarke – I swear the bog plot is an appurtenance to the house in Belturbet; a former tenant of the house named FITZPATRICK had both house and bog under Mr. Tilson; a man named BRIDE held it between Fitzpatrick and Griffith’s father; the Griffiths are forty years in it.
Mr. M’Gauran produced a letter from plaintiff to Mr. Grifftih, deceased, dated Stafford-street, Liverpool, Nov. 18th, 1860, offering to sell the house to him. No mention of the bog plot.
The Chairman – Mr. Tilson pays a nominal rent to Lord Lanesborough; the lease conveys houses and bog plots to the ancestors of Mr. Tilson; but it does not specify where the bog plots are situated.
Mr. M’Gauran said the defendants are willing to give up the house; but they deny the bog plot is Mr. Tilson’s at all.
Mr. Wm. Griffith said James Griffith who originally took the house from plaintiff’s father is dead some years; the bog in Curlaghaloo contains 1a. Or. 16p.; it is two miles from Belturbet; heard his father say that he had bought the bog; Mr. Tilson had another bog property in the Red Bog which originally belonged to the Lanesborough family; he never paid poor rates for the bog.
Phill FITZPATRICK examined by Mr. M’Gauran – Thomas Fitzpatrick (a relative of mine), occupied the house and bog plot in dispute about the year 1835; he also held a farm under Lord Lanesborough; he sold the farm; heard him say that the bog belonged to the farm; heard also that he gave the bog to Bride who occupied the house before Griffith.
The Chairman asked to see the original lease made to the Tilson family.
Mr. Clarke said he didn’t bring it.
The chairman said he would adjourn the case until net morning.
After examining the conveyance, next day, his Worship gave a decree to possession.
Matthew LOUGH v. Peter M’KEON and others
For recovery of possession of a house in Cavan.
Mr. Armstrong appeared for plaintiff; and Mr. Kennedy for defendants.
Daniel LEDDY proved service of Notice to Quit, Ejectments, and demand of possession.
Plaintiff said Peter M’Keon was his tenant at £3 per quarter; paid his rent punctually until five months ago; the rent became due every 1st of February, May, August, and November; on 31st of January last he served M’Keon with a notice requiring him to quit on the 30th of April following; Mr. M’Keon went to Belfast in April and left the house occupied with lodgers.
Mr. Kennedy said Mr. Lough had sworn that the quarter days were 1st February, 1st May, 1st August, and 1st November, and he had noticed him to quit on the 30th April instead of 1st May and called for a dismiss.
Which was granted.
Thomas PLUNKETT (farmer) v. Robert HOGAN
For recovery of possession of a house, near Scrabby.
Mr. Kennedy objected to service of notice to quit on the ground that it had been given to defendant’s wife a quarter of a mile from her house.
Judgment reserved.
Hugh MASTERSON v. Farrell REILLY
For recovery of possession of a house near Milltown.
Plaintiff was examined by Mr. Armstrong – Defendant married my adopted daughter seven years ago. I allowed him to live in my house as long as he would be obedient to me; of late he has treated me badly; I had to get him bound to the peace and afterwards sent to gaol for two months; he sold £7 worth of my substance; I am in fear of my life.
To Mr. Kennedy – Mr. Wm. ROGERS is my landlord; and Father Pat my Parish Priest; I won’t leave my case to them.
Mr. Kennedy – I made you a fair offer before I dismiss you.
To Mr. Kennedy – I haven’t all the land which I held when defendant married my daughter; I sold the house from which I am endeavourihng to evict defendant in May last for £30; I received £20 on account.
Mr. Kennedy – As you have sold the house you cannot appear as a plaintiff in an ejectment to evict your son-in-law.
The Chairman suggested that the matter be left to Mr. Rogers.
Which was agreed to.
John BEATTY v. John REILLY
For recovery of possession of a house at Lisiney.
Mr. Beatty said he employed defendant as a caretaker in November last at a halfpenny per week, and permission to build a house on a waste piece of bog (agreement produced); witness assisted him to build the house.
Decree to possession granted, with stay of execution for three months and permission to remove his crops when ripe.
Thursday.
Patrick CRUMMY processed John DOWNEY for £40 loss and damage sustained by reasons of defendant having set a shop in Main-street, Cavan, to plaintiff, from January to April last, with permission to take out the window and remove the counter so as to adapt it for a victualler’s shop; but which window and counter defendant afterwards put back, which injured the ventilation of the shop and rendered the meat unsaleable within a shorter period than usual.
Mr. Kennedy appeared for the plaintiff, and Mr. Armstrong for defendant.
Mr. Crummy said he formerly lived in Cootehill; for the purpose of improving his position he came to Cavan in January last, and took a house until April from Mr. Downey; paid him £10 for possion (sic), and signed an agreement to pay 1d. per week; he was made a weekly tenant because Mr. Downey was under notice to give up the premises in May; the conditions were that the counter was to be removed and the window taken out so as to show the meat and admit air; both were removed by George BUCHANAN at the expense of Mr. Crummy; next day Mr. Downey said he had received a letter from Mr. M’Gauran (the landlord) finding fault with him for having removed the window and counter; and that they must be put back; witness said he wouldn’t let him do so as it would injure his trade; Mr. Downey offered to give him back the £10; witness said Mr. Downey should have thought of that in time before bringing him and his large family to town; Mr. Downey then said he would put them back if it cost him £100; Mr. Downey employed George Buchanan to do so, and paid him; witness protested; it he hadn’t a beast killed he would have taken the £10 and gone away; had often to sell some of his meat at 3d. and 3-1/2d. per lb., as it had got "high"; it would have kept a fortnight longer if the window had been out to permit the air to get about it.
To Mr. Armstrong – It was Mr. Downey, jun., who told him about the letter from Mr. M’Gauran; Mr. Downey told him when taking the house that as he would be opposite an old established house, he would hardly succeed.
Mrs. Crummy corroborated her husband. She said the closing of the window injured their trade greatly.
Mr. George Buchanan proved that he took out the window and counter and brought them to the hall of Mr. Downey’s present home; Crummy paid him for doing it; he put them back, and was paid by Mr. Downey; he heard Crummy say at the time that it would ruin his trade altogether.
Mr. John Downey, jun., said when they received Mr. M’Gauran’s letter, requiring them to restore the fixtures, &c., which they had removed, he went to see Mr. Crummy; he was out, but he told Mrs. Crummy about the letter, and said if her husband would refuse they would give him a notice to quit and give him back his £10; she asked an hour to consider the matter; when the hour was up Mr. Crummy came to them and agreed to let the window and counter be put back, and said he would sooner close up the house for a week than have them put to an inconvenience; he never complained of loss of trade.
To Mr. Kennedy – Crummy made no objection to the window going back; on the contrary, he said, under the circumstances, he would rather have had it in than out; he often heard him say he was sorry he came to Cavan as he was opposite to an old establishment; we were on the best terms until the service of the process; the other witnesses have not sworn the truth.
Mr. Downey, sen., said Mr. Crummy made no objection to the window being put back; he said the door was large, and the weather cold, and it would do him no harm; about half-past ten on the night they put it back, Mr. Crummy came to his house to say they were keeping their place open for him to bring down the counter and window.
His Worship said the evidence was so contradictory he would have it tried by a jury next Sessions.
Robert M’CABE v. Rev. Michael FITZPATRICK, C.C., and John O’BRIEN, Executors named in the last will and testament of Bridget M’CABE, deceased.
This was an action for £23, so much cash, the property of plaintiff, which the defendants, in May, 1876, in their capacity of executors as aforesaid, took into their possession an 1 still retain, for which plaintiff received no value or consideration.
At the request of the Chairman, Mr. Kennedy appeared for plaintiff; Mr. M’Gauran defended.
Robert M’Cabe, who is suffering from paralysis, and had to be carried into Court, said he lived with his mother until her death on the 10th of May, 1876; he is a newsvender, and carries on business in a box in the street; after his mother’s death the defendants took £23 out of a box which was in his room; he does not know whether the box was locked or not as he could not go to see it; he had £35 or £36 in the house at the time; he believed none of the money (£23) found in the box belonged to his mother; she kept her money in the Bank.
Mr. Kennedy said the defendants will admit finding £23 and a few shillings in the box.
Plaintiff – Your Worship, call upon them to read my mother’s will, made on the evening before she died.
The following copy of will of plaintiff’s mother was handed to the Chairman:-
"I wish that my money at present deposited in the Ulster Bank, and which I hand over for distribution to the Rev. Michael Fitzpatrick and Mr. John O’Brien, Bridge-street, may be expended in the following manner:- To my son, Robert M’Cabe, £30; to the Most Rev. Dr. CONATY, for Cullies College, £100 sterling; to the Mother Abbess for the time being of St. Joseph’s Orphanage Cavan, £20 sterling; to the Mother Abbess for the time being of Ballyjamesduff Convent, £20 sterling; £20 for headstone and plot in Cullies Cemetery; £10 for my funeral expenses; and £10 each to the Rev Edward SHERIDAN, Rev. Peter GALLIGAN, and Rev. Michael FITZPATRICK, Cavan, for masses for my soul. This I wish to be my last will and testament, and I appoint the said Rev. Michael Fitzpatrick and said John O’Brien, my executors.-
(Signed), Her
Bridget X M’Cabe.
Mark
"Witnesses present – Pat BOYLAN and John O’Brien."
The Rev. Mr. Fitzpatrick said he prepared the will; the deceased sent for him for the purpose; in his opinion she was perfectly competent to make a will; she spoke about her affairs; her children, &c.; she regretted she could not leave her money to her two sons (Patt and John) as they were "wild" and she believed it would do them harm; and as to Bob (the plaintiff) she said he had enough; she left her three sons £30 each; deceased told him when making the will that she had more money in the house, but she did not know where it was; Mr. O’Brien searched the house but couldn’t find any; she then said to leave it until morning; Bob was away in Lavey for a friend at the time; they searched for the money because people were going in and out and they didn’t know what might happen; Mr. O’Brien asked a woman in the house if she knew where Mrs. M’Cabe kept her money, and she pointed out a box to him; they brought the box upstairs for safety; as they couldn’t get the keys, they broke it open the day Mrs. M’Cabe died; before doing so Mr. O’Brien went to ask Bob, who was at business in his box, if he had any objection to their doing so; he made no objection; they got £23 10s. in it; they gave the odd shillings to Miss O’HARA (Bob’s house-keeper), and spent £13 or £14 in funeral expenses; witness said mass in the house, and Bob made no claim for the £23; about August last Bob asked him would he get any share of the surplus of what was in the box; Bob had been paid his £30 legacy, less duty; they took probate.
To Mr. Kennedy – I never spoke to deceased until sent for when she was dying; she had the character of being a very hard woman; I don’t know whether the box was in Bob’s room or not; Mr. O’Brien brought it up stairs to where the deceased lay; we got a deposit receipt of Ulster Bank for £280, dated January 6th, 1876, and one of Bob’s for about £30 in a bag hanging up in the shop.
The Chairman thought it strange they should have went to Bob to know if he had any objection to their breaking the box. Mr. John O’Brien was present when the will was made; deceased told the amount of money she had n bank; she said she had more in the house, didn’t say how much, but said she didn’t know where it was; she could not get her key; Bob told him to "force" the lid of the box, and take the money lest some one else would get it; they found woman’s clothes in the box with the money; Bob didn’t make any claim on it.
To Mr. Kennedy – There wasn’t a harder woman in Cavan that Mrs. M’Cabe; she was in full possession of her faculties at the time; she didn’t mention having money in a box. She only said she had more money in the house.
Mr. Kennedy said there was no residuary clause in the will to enable them to deal with any money not described in the will.
Mr. O’Brien (to Mr. Kennedy) – Bob makes a lot of money; we found no money except what was in the box.
Mr. Kennedy remarked if what was in the box was not Bob’s money, where was Bob’s money, for surely he must have had some about him.
Bob stated in reply to his worship, that he had £47 in the savings bank too.
Rose Strong proved that she saw deceased putting money in the box in question and taking it out; Bob never "mixed" his money with his mother’s; he kept his in a box which was lifted in and out of his "caravan"; deceased lost her keys before she died. Bob slept down stairs and the box in question was got in his room; saw some clothes belonging to deceased in the box when it was opened.
On cross-examination, witness said it was a year ago since she saw deceased going to the box.
Mr. M’Gauran said the executors had no personal interest in the matter. He called attention to the fact that the deceased’s last lodgment in the bank was made in January. If this £23 wasn’t hers, what became of all she made between January and May?
The Chairman thought it strange she could tell accurately how much she had in bank, and could not tell where the remainder of her money would be found. He would adjourn the case to next Sessions and get it tried by a jury.
There was a process against Bob by the executors of £7 odd, value of deceased’s furniture, which was also adjourned.
(During the trial, the plaintiff frequently called in a loud voice to his Solicitor, "Now, Kennedy, do it well," and it required Head Constable STORY and two Sub-Constables, and an occasional caution from his Worship to keep him in any sort of order.)
June 29, 1877
CAVAN PETTY SESSIONS. - MONDAY
(Before W. Babington and J. Fay, Esqrs.)
Constable Judge summoned Eliza BRADY for permitting her cattle to wander on the public road. - Fined 6d. and costs.
Michael GAFFNEY was charged with assaulting Michael FARRELL.
The parties were returning on cars from Ballyjamesduff, and Gaffney stopped at the Blackbull to let down a young women (sic) when a dispute occurred between them and Farrell was assaulted.
The case was adjourned for additional evidence.
Matthew SMITH summoned the Rev. Edward SHERIDAN for £5 wages.
Smith said he was "hired" by Father Sheridan at £5 from 22nd of May to the 13th of November; he was turned off on last Wednesday week, and he doesn't know the cause.
Mr. Babington - Now, he gave you some reason.
BRADY - He said the garden was got "wild," but it was "wild" before I went to him.
The Rev. Mr. Sheridan said he told him when "hiring" him that he must be in every night at 10 o'clock.
Brady - You did.
The Rev. Mr. Sheridan said on the night before he turned him away, he and the Rev. Mr. FITZPATRICK were taking a walk around the town to see if the young people had gone home, and they met complainant at the Infirmary a little after 10 o'clock; asked him what had him out so late and he said he was going for tobacco; he went home at once, but it was close upon 11 o'clock.
The Rev. Mr. Fitzpatrick corroborated Mr. Sheridan.
Mr. Sheridan also complained that on the race day, and following Tuesday, he absented himself from his place without leave.
Mr. FAY - Did he refuse to step in for you?
Mr. Sheridan - Not absolutely refuse, but I couldn't get him when I wanted him. I offered him 16s. when going away.
Brady said on one of the occasions referred to he was out for sugar for Mr. Sheridan; and on the race day he went away at 10 o'clock instead of 1 when he had permission to go.
The Rev. Mr. Sheridan said he couldn't keep house if he would allow the servants to be out after 10 o'clock.
Their Worships dismissed the case, but recommended Mr. Sheridan to pay Brady the 15s. which he had offered him.
Sub-Constable LAVENDER summoned John M'GREEN for reducing to leave Peter SMITH's public-house. - He was fined 10s. and costs.
Michael LEE summoned Patt M'COVERN for removing sand off his contract read. - Fined 2s. 6d. and costs.
A number of persons were fined for drunkenness.
TERRIBLE BOILER EXPLOSION - EIGHT PERSONS KILLED.
A fatal boiler explosion occurred on Tuesday at the Ravensdale Iron Works, near Hanly, belonging to Mr. E. HEATH, senior member for Stoke. Six men and two boys were killed on the spot, and about thirty others more or less injured. The damage is estimated at £5,000. The cause of the explosion is not known. One of the two boilers exploded and carried off the roof, and part of the iron work was hurled with such force that the adjoining boiler also exploded. Killed - William STREET, Benjamin WALTERS, father and son; John POCKSLEY; and son, puddlers; William HANES, labourer, and three others.
Subscription lists in aid of the sufferers from the explosion at Tunstall (sp?) have been started. Another man died this afternoon, making eleven deaths. Thousands of persons to-day have visited the scene, which is close to the main line from Stoke to Crewe. In one house there are three dead and four injured, and one is not expected to recover. A large number of injuries were caused by the roof falling on some men who were rescuing their comrades.
DESTRUCTIVE FIRE IN LONDONDERRY. - On Sunday night the extensive stores of Mr. W. F. BIGGER, J.P., pork merchant, Londonderry, were burned down. Other buildings were caught in the flames and several thousands pounds worth of property has been destroyed.
FATAL RAILWAY ACCIDENT.
John C. Darvis, Esq., one of the coroners for the county Roscommon, held an inquest on Monday evening, at Castlepark, on the body of Patrick KILLEEN, who was found dead on Sunday on the Midland Railway near Ballinasloe. The deceased was frightfully mutilated, and the skull broken, portions of which together with the brains, were scattered on the railway line. At first it was thought that the deceased met with foul play, from the fact that he had in his possession a valuable watch when leaving his residence, which was not found on him when his body was first discovered. The matter having been reported to the constabulary at Creach, Acting-constable WALLACE made vigilant inquiries, but up to the present has failed in discovering any trace of it. Major DARCY, J.P., Castlepark, and H. P. HILDERBRAND, Esq., were present at the inquiry. The railway company was represented by the Mr. Thomas HYDE, solicitor. Michael MURRAY deposed that he was in company with the deceased between six and seven p.m. in a public house on the evening of the accident; deceased, who was then sober, had a watch in his possession. Michael NAUGTON deposed to having found the body of deceased, and was of opinion that a trail killed him. Dr. SHARKEY deposed that deceased was hit on the right side of the head, which was completely shattered and the left arm was broken between the elbow and shoulder, but was held together by the integuments and a small portion of muscle; the forepart of the left arm was broken and the fingers of the right hand; there was no apparent injury on the trunk except two scratches on the shoulders. After a long deliberation the jury found - "That, on the railway line, the death of deceased was caused accidentally by coming in contact with the town mail train on Saturday night last; and there is no blame attached to any persons."
EXCURSION ON LOUGH ERNE.
At length the "Knockninny" has commenced her annual series of pleasure trips, and people will have an opportunity of seeing the charming scenery of Lough Erne. An excursion on the lake is not now what it was some years ago. Piers have been made and hotels built in suitable places, so that many of the inconveniences which were formerly complained of have been removed. Through the enterprise of Mr. PORTER a quay has been built at Knockninny, and also a hotel. The late Mr. D'ARCY IRVINE had a hotel erected at Roseclare, but it must be regretted that it has been deemed proper to discontinue business in it. Various other improvements have been made, and in fine, facilities are now given to tourists, the want of which were formerly greatly felt. That our lake is destined to become a great resort to tourists is proved by the fact that their number is increasing each year. Consequently, it was necessary to provide for the comfort of visitors by means such as those that have been adopted. The Knockninny, having a very fashionable company on board, left the Marquet-quay on Thursday morning for Knockninny, where, after experiencing some delays, she arrived at about noon. The excursionists here got on shore - some essaying to ascend the mountain (no easy job), from whose summit a magnificent view of the surrounding country is obtained; while others proceeded to test the capabilities of the hotel, where, by-the-by, no intoxicating liquors are at present sold. After a considerable delay here, the steamer next conveyed the excursionists to Belleisle. The garden was kindly placed at the disposal of the visitors, and the Belleisle brass band enlivened the scene by the strains of sweet music. Indeed, the programme was gone through in first-rate style. The Belleisle people seemed to vie with one another in showing kindness to the excursionists. Miss PORTER entertained a number of friends at luncheon. After a stay of some hours, during which all enjoyed themselves thoroughly, the excursionists proceeded on board, and the steamer started on her homeward journey the band accompanying and "waking the echoes" by their music. The Market-quay was reached about seven o'clock, where all disembarked, greatly pleased with their delightful trip. The Knockninny has commenced her season auspiciously, and there is reason to believe that it will be a prosperous one.
County Cavan Newspaper Transcription Project
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