ANGLO-CELT JULY 6, 1854 CAVAN PETTY SESSIONS--Monday, June 3 Magistrates present--Theophilus THOMPSON, Abraham BRUSH, and Robert ERSKINE, Esqrs. MASTER AND MAN George WEST, Gartbrattan a. John REILLY Defendant was complainant's hired servant, and neglected doing his business, when rebuked for it he left his service, and refused to return to it. He was not ill treated in any way that complainant knew of. REILLY was fined one pound and costs, or in default of payment, to be imprisoned for a month. Hugh CULLEN a. Peter LEE The cause of complaint was the same as in the last case. There was no bad treatment of the defendant, but having a greater attachment for another party he left complainant. Same order. Fined one pound and costs, or to be imprisoned for a month. Mathew DONOHOE a. Phillip O'BRIEN Same a. John FITZSIMONS O'Brien was complainant's servant, and left before his time was expired. FITZSIMONS was summoned for employing them in the circumstances. O'BRIEN was fined thirty shillings, or six weeks imprisonment, and to forfeit all wages due. FITZSIMONS, for employing him without a dis- charge, was warned not to act so for the future, but he not being sup- posed to be culpable in the matter, the summons against him was dismissed. Same a. John MULLEN Defendant was also a servant boy of complainant, and turned out the same time as O'BRIEN. Fined thirty shillings, or to be imprisoned for six weeks, and forfeit all wages. "PUNISHED AS THE LAW DIRECTS" Peter M'GAURAN a. William CARROLL Defendant trespassed on plaintiff's clover field for the purpose of fishing. Notice, warning off intruders, were posted by Mr. M'GAURAN, and he himself ordered him off, but he would not go. Ordered to pay a fine of sixpence with costs, or to be imprisoned for twenty four hours. THE COMPENSATION CLAUSE The Right Hon. Lord Farnham a. Hugh PRIOR A summons for arrears of rent due. Mr. THOMPSON--It is clear that we can give no rent. Defendant stated that he was told by Mr. BRUSH's man, Mr. EGAN, not to take a defence against a certain ejectment brought against him for his holding in Cavan, and he would be let off all straight. Mr. BRUSH--I deny that. PRIOR--Mr EGAN, your man is there, and he can tell you what he said to me. I offered up possession, and it would not be taken. I offer it up now; here are the keys. Mr. BRUSH--Well, we will take the possession and process for the rent due. Mr. PAGET--No, we will not take it without the rent due by him. After being turned out of possession he was let back by Mr. BRUSH at 2s. 6d. a week, and his rent was then reduced for him to 1s. 6d. PRIOR said he was quite willing to pay all the rent he owed, but he would not hold the premises any longer. Mr. PAGET said he would not press the summons for possession, and it was therefore withdrawn. "THE COUNTERFEIT PRESENTMENT OF TWO BROTHERS." Michael KELLY a. John GARVEY A charge of assault on complainant, a policeman, in the execution of his duty. Defendant submitted; he was sorry for what he did to the policeman, but it was the fair day of Stradone. Sergeant DUNDON, of the police force, gave the defendant an excellent character, so did Mr. P. SMITH, of Artona. KELLY said that there was a serious row in a public house, and the defendant appeared to be excited, nor would it seem that he had not some reason, for he appeared greatly abused. Fined one pound and costs, or to be imprisoned for a month; but half a dozen policemen, all saying that their hat, or jacket, or belt, or something else, was torn, the order was, that the fine be fifteen shillings, and five shillings compensation to each of the dehabilitated policemen. Same a. Patrick GARVEY The defendant was brother of the last, but quite denied that he had at all interfered with the policemen. He was knocked down and much abused as well as confused, and may have done something which he knows not of. Sergeant BRENNAN said there was a most grievous riot on the occasion; he had actually turn out the men under arms. The same order as in the last case. The fines and costs were at once paid. A FIELD DAY Samuel MANNING a. Ambrose THICKPENNY A complaint of trespass on complainant's turf by defendant's cows, on 28th June last. It was William, Ambrose's son, that drove the cows, but the cattle belonged to the father. Mr. THICKPENNY never was in the habit of putting his cows on complainant's bank until this year. Mr. THOMPSON--It is quite clear that this is a question we cannot decide. It is as to the right of a pass. Mr. E. M'GAURAN said, on behalf of Mr. THICKPENNY, that there was a pass to which his client had a right in which complainant cut a drain. William was striving to avail himself of the passage which his family went along, for time immemorial, when complainant threw a shovel of mud in his face, William then knocked him down. MR. THICKPENNY--I did not knock him down at all. MR. M'GAURAN--I greatly wonder you did not. Noble PAGET, Esq., said complainant had a right to cut turf in the bog-- a free bog belonging to Lord Farnham--but he put turf a little too far out. He thought THICKPENNY had a right to the pass. Mr. BRUSH--Answer this question, could not THICKPENNY go to his part of the bog through his own ground. Mr. PAGET--He could if he liked, but he was going through his own at the time. Mr. BRUSH--Will you not answer the question? MR. PAGET--I will answer my questions in my own way, truthfully. He could go, if he passed through his own meadow, or bog banks, if he only thought proper to go that way. Mr. BUSH--I think you are one sided. Mr. M'GAURAN--It is answering, and at the same time closing the question. Mr. PAGET's evidence is perfectly to the point. MR. KELLY swore he knew the spot by which THICKPENNY drove his cows, he used it sixteen or seventeen years to witness's own knowledge. MANNING to witness--Did you ever drive cattle by the spot since I put turf on it? KELLY--You were continually encroaching, and have the pass covered that always was an open and common pass. I always drew my turf by that pass until last year, when, as it was rather an unfavourable road, a neighbour gave me a right to bring my turf by a certain way which I could not again reasonably expect. Mr. M'GAURAN to MANNING--Is what Mr. PAGET and KELLY swore true as to your cutting a drain across the pass? MANNING--There was no pass. Mr. M'GAURAN--That is no answer. Mr. THICKPENNY--You will get nothing straightforward out of him; he is just as contrary as ever he was. MANNING's case for the trespass was dismissed. William THICKPENNY a. Samuel MANNING When complainant expostulated with defendant about cutting the drain, he threw a shovelful of mud into his face, and then attacked him with a spade and shovel, both of which the complainant took from him, and when was seized by the neck, gave defendant a push by which he was thrown into a hole. Defendant then ran again at complainant, but he thinking it time to run too, went for a spade, when defendant, thinking he got enough of it, ran away. That was the whole of it. Thomas FITZPATRICK corroborated complainant as to defendant's being the first assailant. Samuel MANNING a. William THICKPENNY A cross cause for assault. Mr. THOMPSON says it did not appear that the mud, which was the first assault, was thrown wilfully at Mr.THICKPENNY? However, this might be, MANNING, caught a Tartar, and got worse than he gave. That with cases both cases were therefore dismissed, but to establish THICKPENNY's right to the pass, MANNING would be fined sixpence for its intrusion upon it. SCENE--THE ROAD FROM STRADONE Patrick M'KEON a. Michael BRADY, James BRADY, Francis BRADY, Andrew BRADY, James BRADY, Peter CONLAN, and Michael SMITH. Complainant was severely beaten on the fair day of Stradone, and his life was endangered. Since, Dr. HALPIN had given a certificate that the man's life was in no danger, and the accused parties were let out on bail. Mr. NAPIER, Sub Inspector, said he had it stated to him that complainant was so beaten, because he refused to become a ribbonman. Mr. M'GAURAN--That is not the first lie you heard. Mr. THOMPSON--I put the question to M'KEON on oath, and he denied it. Mr. M'CABE, Petty Session Clerk said, some of the young men charged were most exemplary characters. M'KEON sworn--Was leaving Stradone on the night of the 24th, when Michael BRADY, Francis BRADY, and James REILLY passed him, he turned round to look at them, and they said, 'go about your business'. What am I afraid of. Michael BRADY struck me, and the other two came up, and got holt of me. I then went to John RORKE's and they came and broke the door, and Andrew BRADY came and seized me by the neck. I got my handkerchief free, and they all pitched into me. One of the RORKEs went for the police, and they came and took five of them on the spot; they afterwards took two others in their own houses; was not drunk himself, nor were the others, all of whom he identifies. Cross-examined by Mr. MAGAURAN--Could not say that when James REILLY took holt of him before he went to RORKE's house he did so to beat him; rather thinks it was a friendly holt to save him; he also took holt of him in the house in the same way; when he seized him on the bray, he said it was better to have nothing to do in the matter, he also brought him out of the house, when he was struck, but surely not by REILLY. To the Court--At both times that REILLY had hold of him, to the best of witnesses opinion, it was to save him from being beat; when he was struck outside, REILLY said to the striker, 'don't do that again.' Mr. THOMPSON--You never told me that when you were swearing your informations the other day. Cross-examination continued--Was only a few perches out of the farm when I met the first three; they had a girl--a sister of one of the party-- and I had another, before anything happened to me, Patt M'KEON was not present; said myself that I was able to kick Michael BRADY; will not swear that a blow had been struck against me at the time; on his oath, when Francis BRADY had a hold of him, it was not to get him beaten, as he believes, but to keep him from fighting; when they were passing me that said it was time I should be going home; I turned back on the road, when they said this, toward where they were; the two men then got holt of me, I broke out from them and struck Michael BRADY; that was not the first blow, for I was struck by Michael BRADY, before I was held by the other two; I could have gone home quietly when a few blows were struck, but they sent word for a party to Stradone; did not hear them sending that word, am only swearing what the old women in the country said afterwards; went into RORKE's house, because I was afraid of them; by them, I mean seven men, two of whom I think was saving me on the road, and four of whom I had never seen; I was not afraid of James REILLY, nor Francis BRADY, nor of Peter CONLAN, nor of any of the rest but Michael BRADY; heard a party running after me, and went in from them; when I went into the house the door was closed, but soon after it was broken in with a kick; Andrew BRADY came first and seized me by the neck, I got hold of him by the 'bob' and pulled him down with me; could not swear that it was not I knocked him down; I did not knock him down, I'll leave it to himself if I did. Michael BRADY struck me and kicked me when I was down; this was when I was pulling the 'bob' out of Andrew BRADY; could not know right who else kicked or struck me; but they whom I mentioned where in the house, as there were also several others there; do not know if any of the others, who were present were there for the purpose of beating me. Mr. THOMPSON thought it immaterial to ascertain this; they were members of a party who came to beat the prosecutor, and this was enough. Mr. M'GAURAN would not quite agree in this; James REILLY and Francis BRADY were there actually, and yet the prosecutor swear that, to the best of his opinion, they were his friends. Why not the others have been there similarly? John RORKE--Remembers M'KEON coming to his house; witness and wife were in the kitchen; could not say who came in with him; the door was soon broken with a few kicks; it was easily done, for it was a bad one; saw M'KEON beaten, but knows not who beat him, nor saw one of them until the candle was lighted, and then a number of persons were in the custody of the police. As far as witness knows, his daughter opened the door, when a few kicks were made at it; only a little bit of it was broken. Cross examined by Sergeant BRENNAN of the Police--Told the people who were kicking the to desist or I would prosecute them. Ann RORKE sworn--The door was kicked at and a little of it broken; witness opened it at M'KEON's suggestion, and then certain parties came in; knows not who came in first, nor who beat M'KEON. To Mr. ERSKINE--Did not beat him myself, my father or brother might have heard M'KEON telling me to open the door but they might not have heard it. M'KEON first said he had no knowledge of telling her this, but then answered positively that he never told her so. Pat RORKE--Was with M'KEON from Stradone when the Brady's and James REILLY passed, they said something, and M'KEON returned and caught hold of James REILLY, and to Michael BRADY repeating something, M'KEON said, I could kick you any way; heard James REILLY saying when he and complainant were in 'hoults" that they were good friends and would not fight. The door was kicked at, but the bolt was not broken, only slipped in the usual way; it is safe yet. Sergeant BRENNAN--Did they not break in the door, your worships? Mr. M'GAURAN--Stop Sir, you shan't interrupt me to make your speech by and bye; learn to conduct yourself. Witness to Mr. M'GAURAN--Did not hear of any person running after M'KEON, when he came into the house, nor did he say a word of being afraid of being beaten when turned into the house; it is his usual course to turn in there. Mr. ERSKINE--You were a nice friend, when the beating was going on in the house you were under a bed or somewhere else, and let your friend get whacked, and then you ran away from the place. I don't believe a word you swear. Mr. THOMPSON--Nor I, nor what the sister or father swore. Mr. M'GAURAN--All the better from my client, as they are your crown witnesses. Sergeant BRENNAN sworn--Arrested seven persons at different times and places, and they all had "blood" upon them. Mr. THOMPSON--Had James REILLY? BRENNAN--No, nor Francis BRADY; all the rest had; Michael BRADY told me that he had been in the house and no one struck M'KEON, but himself, and his brother. To Mr. M'GAURAN--Don't know whether Michael BRADY said that he and M'KEON were fighting before they came into the house. Mr. M'GAURAN--In other words, because that would have saved him, and you were only to take down what would injure him. BRENNAN--If BRADY had said so, I would have taken it down, but I am not aware whether he said it or not; I did not take any note of what he said at all, and all I swear is from recollection. Examined the door, it was broken, but the bolt was not broken. Mr. M'GAURAN said the course he would take with the defendants would depend on their worships. All arose out of a drunken squabble; there was clearly no premeditation, and he thought their worships should deal similarly with it. Mr. THOMPSON said that they were disposed to do so. Mr. M'GAURAN then said that he would call upon a witness to prove that M'KEON first struck upon the road; this would not justy (sic), but it would extenuate it, the breaking in of the house. I would show M'KEON was the first aggressor, and that what he got, he is in a certain sense brought on himself by his unprovoked attack. There was no evidence of assault except against Andrew and Michael BRADY. Was there evidence to show that the others, though present, were there with an improper purpose? James REILLY was present, but it was as the friend of M'KEON; why might not the others be there in the same circum- stances? And is it now well known that when a row gets up every one that passes by will look in to see what is going on? He felt quite sure their worships would see that there might be, and were actually there, persons who never assaulted M'KEON at all. He would not call on any witness. There Worships then made their order. The case as against James REILLY and Francis BRADY was dismissed. As against the other, it was decided in such a way, that they should be fined £2 10s each; or imprisoned for two months at hard labour. _____________________________________________________________ County Cavan Newspaper Transcription Project