ANGLO-CELT MAY 25, 1854 COOTEHILL PETTY SESSIONS Saturday, May 20 CONVICTION FOR RECEIVING EMBEZZLED YARNS Before Lieutenant-Colonel H.T. CLEMENTS, Thos. JOHNSTON, S. R. MOOREHEAD, and Edward M'INTOSH, Esqrs., Js. P. Patrick DOLAN v. Anne HORNER, widow This case, which had been adjourned from the previous petty session, created great interest in the town and neighbourhood, in consequence of which the Courthouse was much more crowded than it generally is at the quarter sessions. For its elucidation and better understanding, it may be necessary briefly to premise that that the town and neighbourhood of Cootehill enjoy a considerable portion of the trade, i.e., the manufacturing or handloom weaving of linen cloth, which give constant employment to a great many hands at remunerating prices, notwithstanding which the employers of those handloom weavers have from time to time complained of their dishonest practices, in embezzling and disposing of the yarns they received from them for the purpose of weaving or converting into linen cloth, disposing to equally dishonest persons at lower than the market price. Mr. Patrick DOLAN, the complainant, a manufacturer, and one of the greatest sufferers, being determined to put a stop (so far as in his power lay) to such a practice, so calculated to annihilate the trade in Cootehill and its neighbourhood altogether, some few months ago institute legal proceedings against certain persons, and convicted some of them, who were fined in considerable sums of money, together with costs, for having purchased such yarns from fraudulent weavers; but notwith- standing which the practice was persevered in, hence the present proceeding. After a rather angry colloquy between Mr. MOOREHEAD (one of the justices) and Mr. John DUDGEON, attorney for the defendants, relative to the cause of postponement of the case from the former petty sessions. Mr. Edward ATKINSON of Tandragee, who attended as attorney for the complainant, proceeded to state his case. He commenced by reading the 6th and 10th sections of the 3rd and 4th Victoria, cap. 91; also the section of 5th and 6th Vict.; cap 68; the substance of all which is to the following effect:--A justice of the peace, upon oath being made before him by a credible person, that there is reasonable cause to sus- pect, that any person or persons purloined or embezzled, any cloths, yarns, materials, tools or apparatuses, shall issue a search warrant, and the person or persons in whose possession same shall be found, shall be convicted of a misdemeanour, unless they shall satisfactorily account for its possession and if in a summary way before justices assembled in petty sessions, he or they shall be liable to a fine not exceeding 20l., or imprisonment in default of payment of same, for any space of time not exceeding three months, and if tried and convicted at quarter sessions, may be fined in 40l., and in like default of payment be imprisoned, with hard labour, for any time not exceeding six months. He (Mr. ATKINSON) then called upon the petty sessions' clerk (Mr. William GIBSON) to produce the search warrant issued by Mr. S. R. MOOREHEAD, J.P., at the instance of Mr. DOLAN, on the 11th of April last, which having done, Constable John KNOX was sworn and deposed that he proceeded with said warrant, and found the yarn which he produces--a chain and other yarn--in the house of Mrs. Anne HORNER, in Church-street, on the said 11th April. Another constable and Mr. Patt DOLAN accompanied him. Cross-examined by Mr. DUDGEON--Mr. DOLAN came in after he had seized the yarn, and he stated, that he had no doubt on his mind but that the chain of yarn was his property; but he did not identify the other yarn; Mrs. HORNER stated she did not know from whom she got it; there was another man (a civilian) in the shop at the time, and she wished him to claim it; but although he at first consented to do so, he subse- quently declined, but not until after he (witness) said that if he claimed the yarn he must be arrested; he then said he would have nothing to do with it. Patrick DOLAN sworn.--Deposed that he had no doubt but that the chain of yarn produced was him property, as he had marked it with rose pink. Cross-examined--Is a linen manufacturer, but does not know whether he is so under either of the Acts of Parliament recited or alluded to by Mr. ATKINSON; adopted the proceedings to put down robbers, but will not swear that Mrs. HORNER is a noted robber, nor will he swear that the yarn was stolen from him; might have given out a ticket to a weaver with the yarn; was going past Mr. HORNER's and suspected there might be some of his yarn in her house, went into her shop and saw the yarn i n it. Mrs. HORNER was summoned before for a similar offence. Mr. Hugh DOLAN (brother to witness) interrupting him--No, she was not; but I'll tell how it was that she was not proceeded against; when summonses were issued against other parties, I went to Mrs. HORNER and desired her to put the yarn she then had in her possession out of the way; and that was the way she escaped being summoned. Cross-examination of Mr. Patrick DOLAN resumed--Mrs. HORNER is not a linen manufacturer; she does give out yarn to be woven into linen; the way she gives it out is, she sells the yarn she so possesses herself of, to persons at 10 per cent less than its value; Biddy M'CANN informed him, on the day the yarn was seized, that she was obliged to raise 2s. or 3s. on the yarn she received from him (witness) in consequence of poverty, notwithstanding what she had sworn at the former petty sessions. This closed the case on behalf of the complainant. FOR THE DEFENCE Biddy M'CANN sworn and examined by Mr. DUDGEON--Her husband, who is a weaver, got the yarn to weave, and she left it with Mrs. HORNER for safe keeping and got no money or other value on it; her reason for doing so was, because there was a wake in her house. Mr. DUDGEON--IF Mr. DOLAN swore that she told him that she had got 2s. or 3s. on it would it be true or false? Witness--Dear help him if he did. Examination continued--Lives in the same street with Mrs. HORNER, who employs and give out yarn to weaver to be woven for her. Cross-examined by Mr. ATKINSON--It was her mother that was being waked when she left the yarn with Mrs. HORNER for safe keeping; perhaps it is three months ago since her mother died; cannot tell whether it was in winter or summer when she died, nor the month; her husband had been weaving for Mr. DOLAN for some time; it was the warp (the chain) she left with Mrs. HORNER for safe keeping; cannot tell where the weft (sic) is, but it is safe. By Mr. MOOREHEAD--Why did you not leave the rest of the yarn for safe keeping with Mrs. HORNER when you left the chain or warp with her, lest it might be stolen? Witness--Because I had not the whole of it at the time; put it out of the way because Mr. DOLAN came several times and ransacked the house looking for yarn. James ANDERSON examined--Knows that Mrs. HORNER was reared in the weaving trade, and that her husband was a weaver, and lived by weaving; always knew her to be honest, and the country knows it. Cross-examined--Knows that she buys yarn from weavers; often bought yarn himself from her; and often bought it cheap from her; about it as cheap as he could from others, and will do so again and again if he can. Mr. ATKINSON--Then it is an axiom with you to buy in the cheapest market and sell in the dearest? Witness--When I buy yarn cheap I never enquire from the parties who sell it, or how they came by it. Mr. ATKINSON then applied to the court to order the defendant to be committed to custody until said fines and costs be paid; but on Mr. DUDGEON intimating that it was the intention of his client to lodge an appeal to the conviction, she was discharged, on an understanding to enter into bail. ____________________________________________________________ County Cavan Newspaper Transcription Project