ANGLO-CELT JANUARY 5, 1854 CAVAN QUARTER SESSIONS - Monday, Jan. 2. Shortly after 10 o'clock the following gentlemen were sworn on the Grand Jury: Thos. HARTLEY, Edward KENNEDY, Pat FAY, Peter BRADY, Wm. Moore BLACK, Francis M'Cabe, M. LOUGH, Jas. KELLY, Alex KETTYLE; John BRADY, Wm. FARIS, James GILROY, John Warren, Jas. MORROW, Hugh COULTER. His Worship, addressing them, said--That there were not many cases for their consideration; only one demanded much attention, it was a case of perjury. The familiarity of the gentlemen before him, with all the forms rendered it unnecessary for him to say more than that they should be satisfied that that statement was wilfully false, that it was a corrupt and deliberate statement, before they found a bill against the traverser. Gentlemen, the bills will be sent up to you in due course, as soon as it is convenient. His Worship proceeded to try the cases of persons applying to be discharged under the Insolvent Act. Pat LEAHY was opposed by Mr. James ARMSTRONG, on behalf of the County Treasurer. Applicant had been security for Wm. POLLOCK, Esq., and in his default, was arrested for a sum of 280l. MR. COCHRANE, who, with Mr. WRIGHT, appeared for the applicant, moved that the case be adjourned to next sessions, as Mr. POLLOCK had plenty of property to pay himself the amount he was deficient in. It was ruled accordingly. George BROOKS, an old and very worn man, was opposed on behalf of his landlord, Mr. ORPEN. It was maintained by Mr. James ARM- STRONG, that he should give up possession of his farm before he was discharged. The rent was payed up to 25th March last. Court--Bring an ejectment, Mr. Armstrong; it is not the rent you want, but the land. Let an assignee be appointed, and all the creditors get the benefit of the property. The applicant stated that he was five years in possession, and paid five years rent at a rate of two guineas an acre. Bartie GIBNEY was opposed by the same person, and in precisely the same circumstances. His rent was paid up to the 25th of March last. Court--Let the man be discharged, and an assignee appointed. David IRWIN was opposed by Mr. Edw. M'GAURAN, on behalf of Alexander BERRY, John GWYNNE, and Wm. ROGERS. Applicant had been receiver under (illegible). His rent was paid up to the 25th March last. Court--Let the man be discharged, and an assignee appointed. David IRWIN was opposed by Mr. Edw. M'GAURAN, on behalf of Alexander BERRY, John GWYNNE, and Wm. ROGERS. Applicant had been receiving under the courts in a lunacy matter. He never paid a shilling of what he got. Therefore Mr. Alexander BERRY, his security opposed his discharge. Mr. COCHRANE stated that Mr. IRWIN gave in his accounts to pass the master, on which 27l only were due. Mr. BERRY kept the accounts, and now turns round to say they were unfairly kept. Court--Why not appoint an assignee, who will make the property available? This is always the better course. Mr. M'GAURAN agreed, with the consent of his clients, and it was left to the Chief Clerk to appoint an assignee. Edward COYLE was opposed, on behalf of his own father, by Mr. TULLY. The arrest was a fraudulent one, he did not owe a penny to his detaining creditor. Thomas COYLE examined--Applicant is his son after he got the decree against him he had six stacks of oats and two cows and a heifer, worth 50l., which he sold in the fair of Longford. Edward COYLE--Is insolvent; there was an arbitration to give the mare, for which he was decreed to him, but the arbitrators not coming in, he was decreed. Court--I remand him until first day of next Session, and if he settles before I leave town I will discharge him. He should and must pay his father. SPIRIT LICENSES. Thomas M'CORMICK and Michael SHERIDAN applied for transfers of licenses to houses in Cavan. An objection was made to M'CORMICK, as having assaulted a policeman, when they came forward to quell a riot between the soldiers and civilians. It appears that M'CORMICK was himself seriously beaten, and in the excitement of the moment seized upon a gun of Sub Constable FOSTER. He denied having been aware that he did the thing at all, and it appears that the Magistrates did not think very ill of the matter, when they only fined him five shillings for the offence. It was left to the Bench. Mr. BURROWES voted against him, MR. THOMPSON and Mr. Thomas KNIPE for him, MR. SMYTH and Mr. PHILIPS also opposed him and he was refused. Michael SHERIDAN obtained it, and so did Andrew CRAWFORD, of Bridge street. APPEALS Rev. Peter SCHVALES, appellant; Simon CAROLL, respondent. This was an appeal to conviction for wages, 5l. 3s. 4d. and costs. Simon CAROLL examined by MR. Samuel KNIPE--Worked with his horse for Mr. SCHVALES, furnished bill for 5l., 3s. 4d. Summoned for it and got conviction at Arvagh; the money is honestly due, produces book. Cross examined by Mr. James ARMSTRONG--Is tenant to Mr. SCHOAS (sic), has nothing aginst that gentleman, called him in open Court a "journeyman sowl saver," his wife made a demand for money in August last, Mr. SCHALES (sic) paid then 7s. 6d., all that was demanded at the time. That was for another debt; he wished to let the horse hire lie over for the rent. MR. SCHOALES distrained for rent in November, on same day got the summon. Rev. Mr. SCHOALES sworn--engaged CARROLL (sic) last February, he was to send in his bill every week, eight items were down at 3s. 4d. each, whereas the whole could be done in a day. He has sixteen items for Miss SCHOALES riding on his pony, and charges 2s. 6d. for each half hour she rode out. When CARROLL's wife gave the bill in August last he asked her was all clear, she answered yes, sir. MR. KNIPE cross-examined the witness very minutely, but he kept to the statement that the seven and sixpence covered all wages. Charlotte CARROLL--Is wife to respondent. The seven and sixpence paid were for odd days work of the husband in MR. SCHOALES's garden, and one and sixpence for washing. His Worship reversed the judgment without costs. Mary DUNN, appellant; Constable James SMITH, respondent. This was a charge for keeping a house open for selling whiskey on Sunday. Mr. Cochrane contended that there was no allegation in the summons that brought the charges under the act, the house was open to be sure, but does not state for "selling whiskey," probably it was for selling coffee it was open. HIs Worship agreed with him, and the judgment was reversed. MR. COCHRANE--Your Worship has power to give 40s costs. Court--You have had a great escape. I'll give none to you. CROWN BUSINESS Charles KENNY, Thomas GILOOLY, John HAMILTON, John MATCHET, Joseph TREVOR, John DOBSON, Robert RAMSAY, John DOWNEY, Samuel PRATT, Joseph MAGUIRE, Ralph FOSTER, and James KELLETT were sworn as a petty jury. Pat LYNCH was indicted for assaulting Edward CAFFRAY, in Bally- jamesduff, so as to endanger his life, and in another count for joining in a riot, when several persons were assaulted. MR. Benjamin ARMSTRONG--The transaction took place on the 22nd March last, in Jas. SMYTH's house, in Ballyjamesduff; on that night a quarrel took place between the parties about some girl alleged to be seduced away from the prisoner; the prisoner was violent there, and assaulted CAFFREY with a knife, and injured him greatly. Edward CAFFREY sworn--MIles REILLY and he went into SMYTH's house for their horses; REILLY is his brother-in-law; it was between eight and nine they went in; LYNCH was behind the counter; REILLY and LYNCH had some words; LYNCH struck at REILLY and coming round, stabbed witness, who was saving REILLY, three times; does not know what REILLY and LYNCH were disputing about; was stabbed in the groin and hip; bled from the wounds until he fainted; was carried home on a cart next night. Lay two or three days; REILLY was also stabbed by LYNCH; Stephen CAREY was waiter in the house, he was stabbed too, but witness knows not by whom. Cross-examined by MR. James ARMSTRONG--Never knew LYNCH before; heard he was going to be married, his wife was a relation of the girl; LYNCH brought a process for the wedding expenses, but on that night knew nothing of the girl's friends being there that night to settle the process; never heard of it before or afterwards; saw nothing done to LYNCH, heard of a tumbler of punch being thrown in his face. Court--That is no evidence, even on cross-examination. Hearsay will do nothing whatever in the matter. MIles REILLY--Went into SMYTH's with the last witness; saw LYNCH and Edward CAFFREY's son arguing; LYNCH was keeping CAFFREY's wife there, and witness desired him to let her go; words ensued, he charged across the counter, and witness threw a glass of punch in his face; CAFFREY and witness did not go into the house together, (CAFFREY was called up, and after some hesitation, admitted that REILLY had been in before him.) LYNCH hopped across the counter, seemingly to strike witness, who threw the punch in his face in defence. CAFFREY interfered to save him after my coat was cut seven or eights times; knows not with what instrument he made the thursts (sic); it was then he stabbed CAFFREY. Cross-examined by Mr. COCHRANE--Knew not of any settlement on that night; saw not LYNCH cut, or with black eyes. Stephen CAREY--Was waiter in the house that night; coming from the kitchen, found CAFFREY and REILLY and Patrick LYNCH quarreling; saw LYNCH with a knife attempting to stab Miles REILLY; alarmed the master when LYNCH was pushed out; at the door he made an attempt to stab REILLY, which witness received in the hand; CAFFREY's wife was drinking behind the counter with SMYTH. Cross-examine by Mr. James ARMSTRONG--Heard nothing of any settlement; was attending to the kettle, and often enough to the pot. Court--MR. ARMSTRONG, don't ask him, none of the party will tell you anything, though they all know everything about it. Head-Constable GRAINGER--Recollects the night in question saw CAFFREY lying in a stream of blood; ran away for a doctor; thought the man was dying; went to the prisoner's house; asked to see him, when he at once gave up the knife. Mr. ARMSTRONG--You ran off when you saw the blood, with your long sword, like a good soldier. MR. ARMSTRONG--In this case the prisoner is indicted for a serious offence. I don't want to screen him, for he did the imprudent act; but if a man is provoked, so that he is apprehansive of danger to himself, even such an act will have some justification. LYNCH was courting the daughter of one Daniel LYNCH; the wedding day was named, when some busy body interfered and broke it off; LYNCH the prisoner processed for the expenses; a settlement was asked and LYNCH invited to it, he attended and after being some time in the house Terence M'CABE asked him to take a glass of punch, when going behind the counter the glass was thrown in the prisoner's (illegible)... was a party of seven or eight on the one side, and LYNCH was without an assistant, he then used the knife. Terence M'CABE examined--He proved the throwing of the glass of punch in LYNCH's face. Court--Gentlemen, find him guilty of a common assault; no medical evidence has proved his life endangered. They returned a verdict accordingly. His worship then addressed the prisoner on his cowardly and dastardly act. He brought it from America, where he was, and where it was very prevalent; it is creeping into England; and must be put down when it threatens to invade Ireland. If there had been medical evidence of danger to life, sentence of transportation would be recorded; as it was, such conduct should be repehended severely, and the sentence would be three month's imprisonment at hard labour. ______________________________________________________________ County Cavan Newspaper Transcription Project