The Cavan County Weekly - Friday, April 27, 2007 BIRTH. MOORE - April 26, at Burnham, Somersetshire, the wife of Frederick F. MOORE, L.R.C.P.E., and L.R.C.S.I., of a son. MARRIAGES. KILROY and GIBSON - April 24, in the Wesleyan Church, Stephens'-green, Dublin, by the Rev. James NIXON, brother-in-law of the bride, assisted by the Rev. William GORMANB, James Kilroy, Esq., of Ballycan House, Mountnugent, to Maria, third daughter of James Gibson, Esq., of Craddenstown, county Westmeath. SCOTT and MORRISON - At the Presbyterian Church, Rostrevor, by the Rev. L. D. ELLIOTT, M.A., Portadown, assisted by the Rev. Andrew HALLIDAY, M. A., Warrenpoint, James H. Scott, of Belfast, to Harriett, third daughter of Robert Morrison, Belleville House, Warrenpoint. DEATHS. KNIPE - April 16, at Rome, of acute bronchitis, Jessie Maria, widow of the late Major George Marshal Knipe, and daughter of the late Sir Simon HEWARD, of Carlisle. CAVAN PETTY SESSIONS. - MONDAY (Before Messrs. THOMPSON and BABINGTON.) Sub-Constable HEENAN summoned Thomas McCABE, John BRADY and James O'BRIEN for drunkenness. Fined 5s. each.. Constable DOLAN summoned Philip DINNNY for throwing stones at an idiot named M'KIERNAN alias Johnny LUGGY. Fined 5s. and costs. Thomas FINNEGAN was fined 6d. for having two unlicensed dogs, and ordered to take out a license. Mr. George BUCHANAN processed Mr. John DOWNEY for £1 10s. balance of wages earned in January last repairing the roof and chimney of defendant's house in Cavan. The case was before the court at last Petty Sessions, when it was nilled. The facts are - Mr. Downey occupies No. 77, Main Street, and until recently Mr. W. H. NESBITT occupied No. 78, adjoining; there is a chimney in the gable between the houses which was in a dangerous state; and Mr. Downey, believing that it belonged to Mr. Nesbitt, served a notice on that gentleman to have it put in repair, or he would hold him responsible for any damage he might sustain if it fell on his house. On receipt of this Mr. Nesbitt had a cross notice served on Mr. Downey cautioning him against interfering with his gable, &c.; during certain alterations which he (Mr. Downey) was making in his premises. Some time afterwards (3rd January) part of the chimney fell on the roof of Mr. Downey's house, breaking a number of slates, &c.; Mr. Downey then employed Mr. Buchanan to repair the roof of his own house, for which he paid him 15s. Up to this the evidence of all the parties agree. Buchanan afterwards repaired the chimney for which he claimed £1 10s., for the recovery of which he brought the present action. Mr. Buchanan said he was employed by Mr. Downey in January last to repair the roof of his house; after this was done he (Mr. Downey) told him to repair the chimney; he received 15s. on account; his bill for all is £2 5s.; there is £1 10s. still due. Witness swore in the most positive manner that Mr. Downey alone employed him to repair the chimney, and that he heard Mr. Nesbit refuse to have anything to do with it when applied to by Mr. Downey before he commenced the work. Owen DONOHOE, who attended Buchanan while working at the chimney, corroborated him. Upon cross-examination DONOHOE admitted having told Mr. Downey that he heard Mr. Nesbitt telling Buchanan to repair the chimney, and afterwards advise him to process Mr. Downey, &c., but excused himself by saying he was not on his oath when he told this to Mr. Downey. Mr. THOMPSON said it often happened that men tell a thing before being sworn which they afterwards deny when on oath. Mr. Nesbitt said Mr. Downey asked him if he would have any objection to his men repairing the chimney; he made no objection. He swore positively that he neither directly or indirectly employed Buchanan; his interest in the house was sold to Mr. SLOANE when the chimney fell. Mr. Nesbitt admitted (in reply to Mr. Downey) that he had repaired the chimney before; three of the flues belong to Mr. Downey's house. Mr. Buchanan corroborated Mr. Nesbitt that of the six flues in the chimney three belong to each house; it was Mr. Downey's three that fell. Mr. Downey denied that any of the flues belong to him; all his flues go out in the centre of the house; there are six rooms with six fire places in the side of Mr. Nesbitt's house which adjoins his. Mr. Buchanan said he closed up the fire places which communicated with those flues for Mr. WALLACE. Mr. Downey denied this. Mr. Downey swore in the most positive manner that Mr. Nesbitt employed Buchanan to repair the chimney; he repaired his own roof but would not repair the chimney as he had been served with a notice against interfering with it; he heard Mr. Nesbitt say that they could get the materials for doing it in his yard. Mr. Downey, jun., fully corroborated his father. Mr. Nesbitt denied having supplied the materials; he didn't even offer them. Buchanan and Donohoe were recalled, and they said Mr. Downey gave some of the sand; they got the rest of the materials elsewhere; all the stuff was made up in Mr. Nesbitt's yard. Donohoe further stated that Mr. Downey, jun., inspected the work while in progress. A receipt was produced from Mr. Buchanan for 15s. "for repairing the roof of Mr. Downey's house, which was injured by Mr. Nesbitt's chimney falling on it." Before signing it, Mr. Buchanan added the words "on account." Buchanan explained that he added the words "on account" because the repairing of the chimney was unpaid. Mr. Downey and his son said Buchanan wanted £1 for repairing the roof; said they would give him 15s.; after he put the 15s. in his pocket he said he only took it on account; and added the words "on account" before his signature; they denied that there was any mention of the chimney at the time. Mr. Thompson said three persons had sworn that Downey employed Buchanan to repair the chimney, while only two had sworn that he had not; but in his opinion the chimney did not belong to Downey at all. The evidence was so conflicting they will dismiss it, and Buchanan can bring it before the chairman at Quarter Sessions where it can be tried by a jury. Mr. Babington said he never met a case where the evidence was so conflicting. Mr. Downey said he could get other witnesses to corroborate him and his son. Mr. Thompson suggested that Mr. Nesbitt pay 15s. and Mr. Downey 15s., and put an end to the matter. Mr. Downey said although he paid for the damage done to his roof he would accede to the suggestion of the Court. Mr. Nesbitt declined to pay anything. After deliberating for a few minutes, their worships decided upon granting Buchanan a decree for 15s., without costs, as they thought £1 10s. too much for the work. Mr. Downey paid the amount to the clerk. Buchanan refused to take it, and gave notice of appeal. Henry SMITH summoned Mrs. ADAMS for detaining a gun given to her late husband to repair The gun was given up on payment of 2. 6d. THE AUXILIARY FORCES. MEDICAL DEPARTMENT. The under-mentioned surgeons of militia are appointed surgeon-majors of militia under the provisions of the Royal warrant of 12th July, 1876, viz. - J. L. GAUSSEN, M.D., Antrim; J. M. LYNN, Armagh; G. S. MANSFIELD, Fermanagh; W. MALCOMSON, Cavan; W. N. IRWIN, M.D., Monaghan; J. W. WILLIAMS, Westmeath; W. TWIGG, M.D., Down; T. A. VESSEY, M.D., R.S.D.; R. P. WALSH, Fermanagh; P. LANGRY, Armagh; D. R. TAGGART, M.D., Antrim Artillery; M. MOORE, Cavan. The under-mentioned assistant-surgeons of militia to be surgeons of militia under the provisions of the Royal warrant of 12th July, 1876 - R. P. WALSH, Fermanagh; P. LAVERY, Armagh; M. MOORE, Cavan; T. D. PALMER, M.D., Sligo; F. R. IRWIN, M.B., Monaghan; W. S. LOVE, Royal Tyrone Fusiliers; A SKIPTON, Londonderry. A CURIOUS PROSECUTION. William CUTTIFORD, described as a Dublin bookmaker, and who is well know (sic) at all provincial race meetings, was summoned by Sub-Inspector WEBB for having been found in the Lion Hotel in Waterford, on the night of the 11th inst., having n his possession a roulette table. Mr. CURRAN, B.L., came specially from Dublin to defend him. Sub-Inspector Webb gave evidence that on the night of the 11th inst., which was the first of the Curraghmore races, he entered the hotel of Mrs. SHORT, and found defendant there at about 20 minutes past twelve o'clock. Constable RIGNEY deposed to finding a room in the hotel locked. Defendant said it was his, but that there was nothing in it. Witness insisted on obtaining admission. Defendant gave him the key, and under a paillasse he found a roulette machine case. Defendant first denied that it was his, but ultimately gave the key. Sub-Inspector Webb asked, under the 8th and 9th Vic., cap. 109, sections 3, 4, 5 and 8, for a conviction to the full amount of £100. Mr. Curran pointed out to the bench that the prosecution could not be sustained by the Act under which it was brought. The only section under which they could impose a penalty was the 4th. which recited that the owner or keeper of a common gambling house could be sued. His client was neither. He was there the same as any other visitor, and no person proved the roulette table was ever used in the house. After a very protracted inquiry the bench agreed with Mr. Curran, and dismissed the case. Mrs. Short, the proprietress of the hotel, was fined 40s. with an endorsement on her license, for premmiting (sic) her house to be open for the sale of drink the same night at prohibited hours, and 40s. for allowing a number of young men to play cards. On the premises, on the same occasion, eight young men found on the premises at prohibited hours were fined 10s. (County Cavan Newspaper Transcription Project)