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    1. [IRL-CAVAN] ANGLO-CELT - MAY 11, 1854 - BELTURBET PETTY SESSIONS
    2. ANGLO-CELT MAY 11, 1854 BELTURBET PETTY SESSIONS--Saturday, May 6, 1864 Magistrates present -- Captain PHILLIPS, Captain CLIFFORD, John GUMLEY and John A. NESBITT, Esqrs. John SHEEHEY a. W. LITTLE and Kitty FARMER A charge of assault on complainant on 29th March, and obstruction in the execution of his duty. The clerk stated that it was only on last Thursday Mr. LITTLE came for summonses; he would not give them, it being unusual to do so at so late a period, but Mr. GUMLEY gave an order to him to furnish them, with which of course he complied. Mr. NESBITT thought it was extraordinary that when six weeks had elapsed from the time at which the offence alleged was committed then only a summons was issued for its perpetration. Mr. John ARMSTRONG said it was because Mr. LITTLE was too ill to attend that the matter was deferred so long. Mr. NESBITT said even this was no excuse; the course pursued was by him individually believed to be most objectionable. Had he not his legal adviser to get the summonses for him? Had he not the same means of getting them that he had of forwarding instructions and the doctors' certificates, that they might apply for a postponement of the trial for him? It was then ordered that the direct case be proceeded with. Mr. COCHRANE, on behalf of the police, then said--This is a most important case. A line of railway between Clones and Cavan being contemplated, an engineer came to Redhills to make surveys and sketches for the purpose. Mr. LITTLE, through pecuniary or other motives, perhaps from fear of the engine, or for some other equally grave reason, differs from the common sentiment on the subject, and has an objection to the making of the line. Therefore, to prevent the engineer doing his duty, he assembled a number of persons, marched down the streets at their heads, and when he came to where the engineer was, he scolded and threatened him if he proceeded to make any sketch of the police-barrack or yard which is held under lease by the constabulary from Mr. LITTLE. He was the landlord, but was he the less a trespasser, when he invaded the ground attached to the barracks, as he did invade them, with the very active help of Miss Kitty FARMER, who was most violent in her vowings, that she would demolish the engineer. A constable was called on, who attempted to remove these parties, but they were most vehement in resisting his efforts, and the end was, that the engineer was obliged to leave without doing anything. Another came later in the day, who was as badly received, and several times thrown into a dyke by MR. LITTLE, Miss Kitty assisting him. Was this the way to keep pace with progress? Mr. LITTLE might oppose the bid if he did not like it, or if it did not pass through his grounds he would get would get simple damages for any injury done him; but he took the law in his own hands, and must now abide the consequence. Robert YOUNG examined--Is stationed at Redhills; recollects the 29th March last. An engineer came that day to sketch the barrack for the railway; saw Mr. LITTLE and Miss FARMER that day; Mr. LITTLE had no one with him when coming from his house, but he went to his men and called on them to put away the engineer. Mr. LITTLE was winding a stick round his head; he said he would tear his puddings out if he did not leave, and used other expressions so offensive that he would not repeat them. His party consisted of ten men, at least. They gathered round the engineer, who was in front of the barrack; he asked leave to go into the barrack, but Mr. LITTLE and Miss FARMER stood in the door and would not let him pass. SHEAHY and others asked LITTLE to leave the door, and he said he would not let any one in on his property. He pushed and dragged SHEAHY and both he and Miss FARMER followed the engineer into the yard and would let him do nothing. The engineer had to be escorted out of the town. Cross-examined by Mr. John ARMSTRONG--They are constables at Redhills; SHEAHY is in command; the police there are not very anxious about the railway, does not know whether Rev. Mr. M'AULEY is; that gentleman resides some distance from the barracks; did not see Mr. M'AULEY that morning; saw no crowd in the street before Mr. LITTLE's men came there; hears that these men were paid to remain watching the line for the especial purpose of keeping engineers off it, when the whole party mustered there were thirty or forty there, most of whom gathered when they saw the way Mr. LITTLE was going on. The engineer said nothing, but that he wanted to have a sketch of the barracks; there was shouting and laughing; saw Mr. M'AULEY there, he heard no orders given to cheer and groan; hear Rev. Mr. M'AULEY say it was a shame for Mr. LITTLE to get on so; Mr. M'AULEY was not leading a mob, nor following a mob, when he saw him; never heard that Rev. Mr. M'AULEY was anxious that the line should pass through the barracks, that it might avoid his own house; does not think the laughing of the mob was calculated to induce Mr. LITTLE to a breach of the peace. It was not by direction of Mr. M'AULEY that the police were put under arms, but by the orders of the Sergeant, when he saw the engineer so maltreated and in danger. Witness went to pass in through the door, when LITTLE and Miss FARMER pushed him back; they were then gently removed, and when Sergeant SHEEHY went up to caution LITTLE, he was called a d--d scoundrel, and pushed and assaulted. John SHEEHY examined--Is in command of the party at Redhills; on 29th March saw Mr. LITTLE come up towards the barracks; a number of men were standing at Miss FARMER's door; Mr. RIORDAN, the engineer, was sketching the barracks, when Mr. LITTLE called the men to com on; they did so, and so did Miss FARMER, when one and the others of the two made a snap at Mr. ROIRDAN. The engineer requested leave to go into the barrack, which he got, when Mr. LITTLE and Miss FARMER opposed his entrance. MR. LITTLE was being removed from the door, when he attacked witness and nudged him; he then asked where was the engineer; witness replied in the barracks; this made him more furious, when he assaulted witness violently. He was afraid there was danger to the engineer because of previous conduct of LITTLE in the matter. Mr. ARMSTRONG objected to any evidence of what occurred from or to the day charged in the summons. Mr. COCHRANE maintained its perfect lawfulness, as there was a riot in the case, and in he case of the Queen a. O'CONNELL such evidence was gone into. Captain PHILLIPS--I think it unnecessary for you to say a word about it. Examination continued--Saw Rev. Mr. M'AULEY, and heard him advise the people to leave the place; he came with the engineer, and a great many others did the same to see what kind of an animal he was. Cross-examined by Mr. KNIPE. Has no spate to Mr. LITTLE; goes sometimes to Mr. M'AULEY's house; never heard him say that the line threatened to go through his house. When Mr. M'AULEY came down, he wanted the mob to go off; did not hear him say 'one cheer more boys.' MR. LITTLE did not go through the barracks, though he strove to do so, to impede the engineer. When the engineer passed into the barracks, witness thought it was to have protection there from the violence of Mr. LITTLE and Miss FARMER, and not to pass through it to Mr. LITTLE's fields. Mr. KNIPE here made certain insinuations with regard to Mr. M'AULEY's interference in the matter, and exclaimed rather vehemently, when asked what they had to do with the matter, that Mr. M'AULEY was accused of riot and leading a mob that day, and in the present state of society, it was not new to see a priest exciting a mob, and that mob unfortunately obeying him. Patrick M'LERNAN proved the assault on the sergeant by MR. LITTLE; heard Mr. M'AULEY desire the men to leave the place, and when some of them were going away Mr. LITTLE and Miss FARMER pulled them back again. Constable MOORE also proved the circumstances, and corroborated the fact of Mr. LITTLE and Miss FARMER standing in the door of the police barracks, and the latter dancing about and exclaiming, "This is Mr. LITTLE"s property, this is Mr. LITTLE's property." Thinks that only for Mr. M'AULEY there would be a great riot there that day. John DAVIS examined--Remembers the transaction..Mr. LITTLE was very much excited...Miss FARMER was also in the door...heard Mr. M'AULEY say nothing. Captain PHILLIPS--Oh, Mr. KNIPE, you may let Mr. M'AULEY alone. Mr. KNIPE--Your worship we have not taken a feather out of him yet, but we will take his wing off. Rev. Mr. M'AULEY examined--Recollects the 29th March; saw the engineer come to his house in the morning; went towards the barracks with him; saw Mr. LITTLE and Miss FARMER there and a number of workmen with them going to the barracks. Witness had not one with him going down but the engineer. MR. KNIPE--Oh, Mr. M'AULEY, you are not bound to criminate yourself. Examination continued--I ordered off the mob, and Miss FARMER, or Kitty FARMER, or whatever you call her, brought them back; the conduct of the police was not riotous, but always correct. Cross-examined by Mr. ARMSTRONG--Is anxious about the railway as every man ought to be; did not go with a mob upon the occasion. Mr. NESBITT--Surely, Mr. ARMSTRONG, you are not wanting still to involve Mr. M'AULEY in the riot. Mr. ARMSTRONG--Surely yes, your worship. MR. COCHRANE will do his bet to get him out of it, you need not shield him. Cross-examination continued--Did not put his stick on Mr. LITTLE's shoulder or head, or hear the mob groaning or cheering Mr. LITTLE that day; does not know whether he groaned him; to the best of his belief he did not; did not order the mob to cheer, nor say down with the Unicorn, meaning the barracks, it is too long standing; did not summon a mob for the occasion. James HOWE examined--Is Mr. LITTLE's nephew; proved his uncle's standing in the door of the barracks and refusing to leave it at the order of the police. B. H. PINCHIN, Esq., proved that the police had orders not to let any one into the barrack except on business to them. The complainant's case closed here. Mr. ARMSTRONG rose to reply--It was his duty to state the case of his client, and to lay his grievances, his oppressions and hardships before the bench and the public, to show that he was foully treated by a band of men who were enrolled for the purpose of preserving the peace. Mr. PINCHIN was here to support them, but had he been at Redhills they would never have acted as they did. They must repent for having acted so, for we live in a country where the rights of property are respected, and even the police will be punished when they do wrong. Mr. LITTLE has passed his term--three score years and ten--and during his life he has been a loyal subject of the Queen.........Mr.. ARMSTRONG then stated that Mr. LITTLE only prevented the engineer from going into his field; that he did not stand in the door of the barracks at all; and that where the police seized upon him and maltreated him was in the public street, after which he proceed to call his witnesses. Patrick BROWN proved to Mr. LITTLE's ordering the engineer off the premises and standing in his way when the police pushed and dragged him, and nearly prostrated him when he was received into the protecting arms of Miss FARMER. Witness did not hear Mr. M'AULEY say anything to the mob except to advise them to go home, which some them were doing when Miss FARMER collected them and brought them back. Cross-examined by Mr. COCHRANE--Was called on by Mr. LITTLE to prevent the engineer going anywhere he proposed to go. Heard Mr. M'AULEY calling Mr. LITTLE an old rascal, and Mr. LITTLE returning the compliment. Saw the sergeant speaking with Mr. LITTLE before he commenced pushing him; he was not in the door at the time. Peter CLERKIN, a most jolly-looking chap, in whom there appeared every indication that he was one who looked on a fight as the best of all sprees, examined--Saw Mr. M'AULEY coming down the street with people before and after him; heard that gentlemen telling Mr. HOWE and Miss FARMER to bring away Mr. LITTLE; did not hear him groaning or cheering, or ordering any one to groan or cheer....... William MOORE examined--Saw the dragging of LITTLE, but know not who gave the first assault.... Stephen M'DONALD also proved the dragging of Mr. LITTLE, but said he was called up from his work to keep the engineer off. Mr. LITTLE and Miss FARMER were both in the barrack door, and some of the police at the door pushed him out before the sergeant assaulted him. Mr. Armstrong here applied to have the cross cause entered into, but Mr. COCHRANE said it was sufficiently heard. Mr. LITTLE himself could not be listened to in consequence of the late hour at which he had issued his summons. If he were upheld in coming forward at so late an hour, then no man could be prevented from being a witness for himself. Captain PHILLIPS thought it would be a most dangerous precedent to set, if Mr. LITTLE would now be allowed to proceed with his summons. Captain CLIFFORD to Mr. ARMSTRONG--Was it because Mr. LITTLE could not then get his summonses that the case was postponed? Mr. ARMSTRONG--No, Sir. Mr. KNIPE said it would be treating Mr. GUMLEY discourteously by not hearing the summonses which he allowed to issue. Mr. NESBITT--Magistrates are not infallible, besides there was only an ex parte statement. Mr. KNIPE then alleged Dr. COYNE's certificate that he could not attend. Captain PHILLIPS--He was in the hands of two most skillful lawyers. Mr. KNIPE--No, your worship, he was in worse hand in those of Dr. COYNE. The magistrates then refused to entertain the cross case, and, after some consultation, pronounced their decision, that Mr. LITTLE do pay one pound of a fine, and one pound costs; and, as Miss FARMER did not seem to use her hands, though she acted so very prominently, they would dismiss the case in her regard. ______________________________________________________________ County Cavan Newspaper Transcription Project

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