The Cork Examiner, 1 August 1856
CITY COURT—YESTERDAY
His Lordship entered court at ten o'clock.
Ahearne ¹ v. Fielding and Others.
   Mr. Murphy opened the pleadings. It was an action for the diversion of a water-course on the lands of Knockrour. Damages were laid at £30.
   Mr. Deasy said that the action was brought by the plaintiff to establish the existence of an important right which he, and those whom he represented, had enjoyed a great number of years, but which had recently and illegally been interfered with by the defendants. The privilege which the plaintiff asserted was the right to use, for the purpose of irrigation, a stream which had taken its rise in a farm he holds, which flowed through it, and then went down to the farm of the defendant. The plaintiff made an artificial channel through his lands, through which the water was conveyed, and the embankment which enclosed this stream had, he alleged, been broken down by the defendant. The plaintiff enjoyed an uninterrupted use of the water for upwards of twenty years, and this conferred on him and indefeasible title for the continuance of that privilege.
   Evidence was then gone into on the part of the plaintiff.
   Mr. Copinger said that there had been no proof that the bank of the stream had been broken down by the defendant. He also submitted that the plaintiff did not prove his title to the use of the water for twenty years.
   His Lordship said that his view of the case was that if the jury were of the opinion that the plaintiff had proved satisfactorily his use of the water for twenty years, they should give him the verdict.
   Mr. Copinger—The evidence for the plaintiff was that he had a right to build an embankment ; if his (Mr. Copinger's) clients could show that he had no such right, and that they were entitled to the use of the water without any such bank (and this they could prove) he submitted that they were entitled to a verdict.
   His Lordship said it was a case that ought never to have been brought into court. Both parties were, he understood, very respectable, and perhaps some amicable arrangement could be come to.
   After some further discussion, the counsel on both sides said that they would endeavour to persuade their clients to follow the advice of his lordship.
   The court then adjourned.
   On Thursday the grand jury of the town of Galway, headed by their foreman, Anthony O'Flaherty, Esq., M.P., presented an address to Mr. Justice Keogh, at his lodgings. Th right hon. gentleman returned thanks in an eloquent speech.—Daily Express.
   General Young and family have left Bray for Finn's Victoria Hotel, Killarney.
CITY COURT—THIS DAY
His Lordship entered court at half-past nine o'clock, and proceeded with the hearing of
Ahearne v. Fielding and Others.
   Witnesses were examined for the defence, after which Mr. Brereton addressed the jury for the defendants, and was followed by Mr. Clarke for the plaintiff.
   His Lordship then addressed the jury ; in the course of his charge he expressed his regret that the case had not been as he had suggested, amicably settled.
   The jury retired, and after a short absence returned into court, when the foreman said that they had found it impossible to come to a verdict ; but they were willing to act as arbiters in the case.
   Counsel consented to accept the offer of the jury, and also allowed them to decide the matter of costs.
   The jury again retired, and after an absence of fifteen minutes returned into court, and said that the decision they had come to was that the defendants should have the use of the stream during the months of May, June, July, August, and September, and the excess after irrigation during the remainder of the year ; and that each party should pay his own costs.
   Counsel for the plaintiff—Messrs. Deasy, Q.C.; Clarke, Q.C., and Chatterton. Agent—Mr. O'Connor.
   For the defendant—Messrs. Copinger, Q.C.; Brereton, Q.C., and Exham. Agent—Mr. Babington.
JAMES SADLIER, ESQ., M.P.
   CARRICK-ON-SUIR, JULY 30.—On the nights of Monday and Tuesday the police of Carrick-on-Suir and Carrickbeg, headed by the Sub-Inspector, searched Coolnamuck Court diligently for James Sadlier, the respected representatve of gallant Tipperary. The searches proved fruitless, though it is thought the delinquent has been there recently. It is stated that his active subordinate had to make himself scarce from the fair of Cahir some days ago, apprehending an arrest. Whatever the authorities, or the nominees of the Sadliers circulate, is believed in Carrick to be exactly opposite to the true state of the various manoeuvres of the different parties. It is a hoax to state that James Sadlier slipped on board the Holyhead steamer.—Waterford Mail.
   ROBBERY.—On yesterday a very large robbery was detected to have occurred at Ballinamona, the seat of Robert Thomas Carew, Esq., J.P. Informations were sent in to the police in the city, and that active constable, Sergeant Rooney, accompanied by some of his men, proceeded to Ballinamona, where the butler was taken into custody, brought before the county magistrates, and sent to gaol, on remand to next Wednesday. The amount of property stolen is said to be £150 in money, and £200 worth of jewellery. The circumstances of the robbery have been telegraphed to Dublin, Cork, &c. —Waterford Mail.
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The Cork Examiner, 4 August 1856
THE MURDER AT FERMOY—SENTENCE OF THE PRISONER.
   It having transpired during the course of the day that the prisoner, Charles M'Cready, would receive sentence, an immense crowd had assembled in the court-house, and the most anxious and breathless interest was evinced.
   About half-past two o'clock the prisoner was put forward, and although there was a general bustle in the court from the effort to see his face, and although, from the circumstances in which he was placed, some emotion might have been expected to show itself in his countenance, he did not appear to be moved in the slightest degree, but preserved the indifference which had characterized his demeanour from the commencement of the proceedings.
   The Clerk of the Crown read the indictment, and having asked whether he had anything to say why sentence of death should not be pronounced against him?
   The prisoner in a loud and distinct voice, which did not betray the slightest hesitation, answered “no.”
   His Lordship proceeded to pass sentence. He said— Charles M'Cready, you have been convicted on the clearest possible evidence—such evidence as the jury could not for a single moment doubt—of the dreadful crime of murder. You were hurried on, no doubt, to the perpetration of that dreadful offence by anger, passion, and revenge that you conceived against that poor man, your superior, a sergeant, whose life you took by that fatal shot, his only offence being that he had discharged his duty, in reporting what he considered to be your misconduct. That was a dreadful act. That poor man was hurried into eternity by that fatal shot, in fifteen minutes after it had reached his heart. You are a very young man, and I hope your sad case will be an example to others, and that they will be prevented from giving way to fits of this violent and dreadful passion, which has led you and will lead them like yourself, if they indulge those passions, into acts which may forfeit their own lives as well as those of others. I have said the evidence was clear, and the verdict could not have been otherwise. Indeed you yourself admitted it, for you said, after it had been committed, that you had perpetrated that act and that you were ready to hang for it. Just conceive what that involved. You were ready yourself to forfeit your own life, young as you are, in the very prime of manhood—you were ready to forfeit your own life to gratify that dreadful spirit of revenge. This offence which you have committed does forfeit the life of the party who has perpetrated it. The Divine law as well as the Human law says, “That whose sheddeth man's blood by man shall his blood also be shed;” and it is my dreadful duty to carry out the law in that respect. I deeply feel for you, and I trust that the God of Mercy will have compassion upon you. It is a dreadful offence, but I have to tell you, and I rejoice to be able to tell you, on the highest authority—authority that cannot err—the authority of the Great and Merciful God Himself—that if you repent of your sins heartily and sincerely, and fly for refuge to the Saviour of sinners, even though dreadful your crimes—yea, if they had infinitely more—if your crimes should be as numerous as the hairs of your head, mercy is still to be had ; and though you may probably feel, as every person looking on here to- day must feel, that this is an offence which, in one view at least, may be regarded as the most disastrous day of your life, if you attend to what I say to you, what I rejoice I am enabled to say to you on the very highest infallible authority, it may prove to you the happiest day of your life. All our lives are uncertain, no one knows the moment he may be summoned to leave this world. None of us can have pardon for the sins we have been guilty of in the course of our lives, be they great or be they small, be they many or be they few, I say, not one of us can have pardon for those sins, but through the very same medium which I am inviting you now to avail yourself of. Fly for refuge to that Saviour, repent you heartily of all your sins and you may rely on it, that those sins be they as red as scarlet, they shall become as white as snow, for no one who has ever fled for refuge to the Saviour, our Lord Jesus Christ, has been cast off by Him. The sentence of the law is that you, Charles M'Cready, be taken from the place from where you now stand, to that place from whence you came, and that you there be hanged by the neck until you be dead and that you be interred within the precincts of the prison, and may God have mercy on your immortal soul.
   During the course of the delivery of the sentence the prisoner seemed to be the only person in the court unaffected by the solemnity of the occasion, and the touching address of the learned judge, who himself was deeply moved during its delivery. At its conclusion, the prisoner, without assistance, stepped lightly and firmly from the seat on which he had stood, and was immediately conveyed to the County Gaol, where he will await his execution.
   The usual formality of wearing the black cap was dispensed with by the learned judge on this occasion.
   We understand the execution has been fixed to take place on Monday, the 22nd of September.
   Information has been forwarded from Scotland yard to various metropolitan police stations, setting forth that several constables are required for service in West Australia. They are to be ranked as corporals of police, at a salary of £110 per annum, with an increase of £5 per year till it reaches £140 ; if promoted to the rank of sergeant by good conduct they will at once be rated at £140. A free passage, and every facility for wives and families, will be afforded. Half-pay to commence from the time of embarkation.
   The Melbourne Argus has the following notes on the Melbourne labor market :—“Inquiries for agricultural and for all kinds of unskilled labour have been on the increase during the week, and the numbers offering have not been anything like equal to the demand. Quarrymen and men used to railway work are much wanted. In the present scarcity of such labour, all able-bodied men who seek work are finding ready employment at full rates, Of skilled labour there is plenty, nearly every branch of the building trades is overdone, notwithstanding there has been a successful movement among the masons to shorten the daily hours of labour to eight instead of ten. This movement, we hear, is about to be taken up by the other trades. Female servants are very scarce and are much wanted. Seafaring labour is very plentiful. With rations :— Married couples without families, from £75 to £90 per annum ; ditto with families, £55 to £65 do. ; gardeners, £50 to £60 do. ; grooms, £40 to £50 do. ; store- keepers, £60 to £70 do. ; shepherds, £35 to £40 do. ; hutkeepers, £25 to £30 do. ; general farming servants, £1 5s. per week ; threshing and cleaning, 1s. per bushel ; haycutting, 9s. per ton ; bullock drivers on the roads, 30s. per week ; ditto on stations, 25s. do. ; men cooks, £70 to £90 per annum ; female do., £35 to £45 ; thorough female servants (in great demand), £30 to £40 do. ; housemaids, £20 to £28 do. ; laundresses, £30 to £35 do. ; nursemaids, £15 to £20 do. The following are considered the standard weekly rations :—12lbs. beef or mutton, 10lbs. flour, 2lbs. sugar, ¼lb. tea. Without rations :—Compositors, 1s. 4d. per 1,000 ; ditto by the week, £4 4s. ; pressmen, £4 4s. to £4 10s. do. ; carpenters, 12s. to 14s. per day ; masons, 14s. to 16s. do. ; bricklayers, 14s. to 16s. do. ; blacksmiths, do. ; quarrymen, 10s. to 12s. do. ; wood splitters and fencers, 5s. to 7s. per ton ; fencing by the rod, materials to split only, 6s. ; labourers on the roads, 9s. to 10s. per day—wood, water and tents found. Seamen—For home or the East, £5 per month ; in coasters, £5 ; cooks and stewards, £5 to £6 ; mates, for coasters, £8.”
BIRTHS.
   On the morning of Sunday, August 3, the lady of Christopher A. Allen, Esq., M.D., North Mall, Cork, of a son.
   On the 2d inst., at Carrigrohan Lodge, county Cork, the wife of N. D. Parker, Esq., M.D., of a son.
   July 3, at Barton House, Canterbury, the wife of Major D'Aguilar, C.B., of a daughter.
   May 17, at Bellary, the wife of Capt. Windham Baker, Madras Artillery, of a son.
   July 30, at Richmond, Monkstown, Dublin, the wife of Robert Wilson, Esq., of a daughter.
   July 29, at St. George's-road, London, the wife of Major Armytage, Coldstream Guards, of a son.
   July 31, at his residence, 15, Gardiner's-place, Dublin, the wife of Wensley Bond Jennings, M.D., of a daughter.
MARRIAGES.
   July 29, at Clontarf, Dublin, Robert William Eaton, Esq., to Jane Elizabeth, third daughter of Robert Dean Mecredy, of Strandville House, Clontarf, Esq., Barrister-at-Law.
   July 31, Frank Sheppard, of Roscrea, Esq., second son of Capt. James Sheppard, Clifton, co. Tipperary, to Sarah M. S. Goulding, youngest daughter of Thomas Frank Goulding, Esq., The Abbey, Roscrea, co. Tipperary.
   On the 28th ult., at St. George's, Hanover-square, London, W. Henry Patten Saunders, formerly of the Household Brigade, and Cavalry C.C. to his late Imperial Majesty the Emperor of All the Russias, and grandson of Thomas Patten, of Fiddington House, co. Somerset, to Augusta, daughter of Nicholas Bolfe, Esq., of London.
DEATHS.
   At her residence, Coolkoran, near Killarney, in the 80th year of her age, Anne, relict of the late Robert Riordan, Esq., Killarney.
   In the bloom of youth, at his bereaved mother's residence, Villa, Lismore, on the 29th ult., Lieut. Thomas M'Carthy, youngest son of the late Dr. M'Carthy. The premature death of this most endearing young gentleman has cast a gloom on many sincerely sorrowing friends.
   On the 31st of July, at Glandore, Mrs. Sexton Baylee, relict of the late Sexton Baylee, Esq., of Limerick, and eldest daughter of the late Charles Hepburn, Esq., M.D., of London.
   On the 26th ult., in Hill-street, Berkely-square, London, the Hon. Lucy Cust, second surviving daughter of the first Lord Brownlow, aged 72.
   July 27, at Rathgar, co. Dublin, Alicia Jane, the beloved wife of Lynn, Carew, Esq., of lower Mount-street.
   July 30, at Archerstown, co. Westmeath, Frances Elizabeth, wife of Samuel A. Reynell, Esq., aged 41 years.
   July 29, at Ovoca House, co. Wicklow, after a few days illness, Mr. Thomas Barrett, of 29, Lower Baggot-street.
   July 19, of scarlatina, Joseph Jamos, aged six years ; on the 28th, Henry Adolphe, aged four years ; and on the 29th, Charlotte, aged seven years and eight month, the beloved children of Fletcher Wilme, Esq., Leinster- road, Rathmines, Dublin.
Submitted by dja
Footnotes:
1 - A Johanna Ahern is listed as an occupier in the townland of Knockrour, parish of Aghabulloge, barony of East Muskerry, in Griffith's Valuation, 1851-1853.
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