ANGLO-CELT APRIL 6, 1854 CAVAN QUARTER SESSIONS Thursday, March 30th. There were on the bench, the Assistant Barrister, Messrs. BURROWES, THOMPSON, SMITH, ERSKINE, J.P.'S, and DOPPING, R.M. About 11 o'clock the following gentlemen were sworn on the Grand Jury:-- Thomas HARTLEY, Countenan; Edward KENNEDY, Cavan; Wm. Moore BLACK, Cavan, Alexander KETTYLE, Cavan; Thomas MALCOMSON, Toher; Peter BRADY, Cavan; Francis M'CABE, Cavan; Wm. FARIS, Cloggy; John WARREN, Bruce-hall; James KILROY, Turin; Samuel KENNEDY, Springfield; John LOVE, Creamfield; James KELLY, Cavan; John MOORE, Ballymacarue; Henry DOUGLAS, Cavan. His Worship addressing them said--Gentlemen of the Grand Jury, I have to tell you that the cases for your consideration are of a light character...... His Worship then proceeded to hear APPEALS HUNTER appelant, Head-Constable GRAINGER respondent. This was an appeal from a fine struck from having false weights, on 13th February, at his mill at Claddagh, Ballyjamesduff. Head-Constable William GRAINGER proved to finding weights which were light. Cross-examined by Mr. John ARMSTRONG--Compared them with the standard sent to the police; found them in the mill beside the scales, but saw Mr. HUNTER doing nothing with them. Mr. John Armstrong stated that the weights surely belonged to Mr. HUNTER, but as he was paid in a towel or quantity of meal, not in money, the false weights should tell against himself as much as against any other. The magistrates would not even hear his explanation, but fined him £2 10s. He relied on the wording of the act, which imposed a fine for light weights used in "selling" but did not use that word when it imposed a penalty of forfeiture only--clearly Mr. HUNTER did not sell. His Worship, referring to the act, said it was sufficient that they were "had"; and, as he was inclined to put down such gross robbery on the poor public, he would affirm the conviction with twenty shillings costs. SAME v. MONAGHAN A similar charge, similar defence, and similar result. CROWN BUSINESS Denis O'NEILL, who was quite deaf, pleaded by his attorney, S. N. KNIPE, Esq., not guilty to taking forcible possession of a garden, and in a second county for assault; he was convicted for the assault, and fine sixpence. The following gentlemen were then sworn as a Petty-Jury:-- Samuel PRATT, John TISDALL, Ralph FOSTER, Robert RAMSAY, Hugh BRADY, Joseph TREVOR, James KELLET, James BROWN, Samuel RAMSAY, John M'COLLUM, and Charles KENNY. John LYNCH was given in charge for having at Clifferna, on 17th February last committed a rape on Catherine MULLIGAN. Catherine MULLIGAN sworn--Lives in Clifferna; recollects the 17th February, the fair day of Stradone; was there; knows the prisoner; he lives in the mearing with her; he was at the fair; witness saw him there; Clifferna is two and a half miles from Stradone; left the town at twelve o'clock with Mrs. FITZSIMONS, her son, and the prisoner; there were also others with them; Mrs. FITZSIMONS and one M'GAURAN went first; prisoner and young FITZSIMONS followed them; at a turn all the company left except the prisoner, who went for half a quarter of a miles on the road with prosecutrix; LYNCH then left her at the turn in his own house; she went alone towards her own house; LYNCH followed her and overtook her in about a quarter of an hour, when he seized her by the hands and effected his wishes, though she resisted him all she could; he then left her, when Andrew BRADY came up, having first taken her purse with 1s. 6d. in it; when BRADY left her LYNCH came back and begged her not to discover; witness answered nothing; when the offence was being committed witness shouted all she could, there was a house at some distance; told her mother and the priest next day what had happened; did not go before a magistrate for eight days; went also to Mr. BURROWES, and to him first. Cross-examined by Mr. M'GAURAN... Ellen MULLIGAN examined by Mr. TULLY--Is Catherine's mother; the prisoner came to the door with her, but did not come in. To a Juror--Saw her daughter's cheek a little scraped as if with nails, next day; the mark was black; it remained a day or more Owen MULLIGAN examined by Mr. B. ARMSTRONG--Saw a mark on his sister's cheek... Andrew BRADY examined by MR. Edward M'GUARAN--Remembers the night in question; saw LYNCH and her on the road together as he came up; LYNCH went into the field, and then turned back, and then went down the lane together to her mother's house.... Rose M'GAURAN examined by Mr. William HAMILTON--The evening after the fair at Stradone was sent for by Catherine MULLIGAN, who told her that John LYNCH had been home with her, and stopped all night in her mother's house; next day she also sent for witness and told her that LYNCH had abused her..... Cross-examined by Mr. TULLY--Her husband is servant to LYNCH's uncle; the bonnet and mantle she wears belong, the one to prisoners sister, the other to his mother, but she came not here to answer such questions. (More examination and cross-examination) Robert ERSKINE, Esq., J.P.--The prisoner came in and surrendered himself to him. The Barrister, then proceeding to charge the jury, said-- Gentlemen of the Jury--You are to consider was there connection of the prisoner with GALLIGAN (sic). Prosecutrix swears there was had. Rose M'GUARAN swears LYNCH denied. You are to consider all these things. The mark on the cheek would seem to imply violence, whereas the dirt on the clothes would only sow a connection. If you doubt as to the fact of the rape, you can say not guilty of rape, but guilty of an assault with intent to commit one. Gentlemen, you are now to consider your verdict. The jury retired, and after about an hour's consideration, returned with a verdict of "Guilty". THE DAY BEFORE THE WEDDING Rose MALLOY was charged with having got from Miss GIBSON, of Ballyjamesduff, certain goods of wearing apparel, to a large amount "on pretence that they were for Miss HOGG of Fintervin, and purporting to have an order in writing from said Miss HOGG, which in reality was forged. The prisoner stated that she wanted some articles to appear in at her brother's wedding, and intended to pay for them soon after. Miss GIBSON had sustained no loss from the transaction, for she was paid for all that was damaged on her in any way. Mr. TULLY, Solicitor, and Miss GIBSON bore testimony as to the prisoner's respectability and previous good character, and Mr. KNIPE, who had been employed by her friends, said that if he could have induced the prisoner to plead not guilty, he was certain that she would have been set free. The prisoner was fined 20s. or two weeks in gaol. The fine was paid at once. ALLEGED BREACH OF TRUST. Michael KENNY was charged with having stolen from Mr. James KELLY, of Cavan, one bank note, value 1l. and one pair of scissors, and in another count, for having them in his possession, knowing them to be stolen. The following were sworn on the jury:--Charles KENNY, Samuel PRATT, Robert RAMSAY, Samuel RAMSAY, Hugh BRADY, James KELLET, John TISDALL; Ralph FOSTER, Andrew PRATT, John MATCHET, Robert VANCE, Edward CAFFRAY. James KELLY examined by MR. B. ARMSTRONG--The prisoner was his shopman since October 1852; lost different sums of money since then; placed a marked pound note in his till on one occasion; "Phil M'CABE" and another name were written on it--a note produced--that is the note I put in the till. To the Court--Knows not what handwriting "Phill M'CABE" is in. Examination resumed--There were other monies in the till at the time; the prisoner had access to it; it was on his side of the counter; took twenty shillings in silver out of the till when he put the note in; received 24 l. 1s. 6d. as the proceeds of the shop that day; when placing the pound in the till there were already fifteen pound notes there; received just fifteen notes in the evening altogether; the note produced here was not amongst the fifteen he received; about seven o'clock there were 24 l. 11s. 6d. in the tills. Court--What did you do when you found the note not appearing? Witness--I did nothing, your worship. Examination resumed--I had prisoner summoned before the magistrates for 13th March for having been drunk and absent from my house; prisoner had trunks under lock and key in his bed-room; he had no access to the room after the 9th March. To the Court--I got no search warrant to look into his trunk. Examination resumed--With Constable JOHNSTON, I searched his trunk, and found there eight notes, including the marked one, and in a locked box a pair of scissors; found in the handwriting of prisoner a book in his travelling-bag wherein he debits himself with monies received from me;.... (Examination and Cross-examination) Constable JOHNSTON--When I took the notes out of the trunk I lad them down according as I took them out; I first laid down the front of the note, and he passed it over; I then took out a second, when he called for the first, and looking at the back of it said it was him mentioning the endorsing, and then looking at the front of it said he knew it as being of a Carlow and Kilkenny bank....Pat. DENNAN--Is Mr. Kelly's servant; recollects Saturday, the 11th of March, when prisoner gave the keys of his trunk to bring into the servant girl, who would take eight pound out of his trunk and bring it to him. This was after the summons was served; the girl would not go up. John REYNOLDS--Is shopman of Mr. Kellys; ........ The Crown closed here. MR. KNIPE, for the prisoner, then said--Gentlemen of the jury, the issue to the prisoner is his all, far exceeding one pound, or 50l., for he has no means of living but by his character, and that is new assailed-- assailed, I may say, in a most extraordinary way....The prisoner will not ask you to acquit him, as if his guilt was doubtful, he must be acquitted on the facts. He came in '52 to Mr. KELLY a young man, with the very best characters, and was taken upon them. He so pleased his master that his wages were more than doubled...Mrs. KELLY gives him her private credit book, and she will swear to you that there was never a penny wrong in his accounts....Mr. Kelly's conduct from beginning to and such as to make you believe that his is a straightforward take, that it has not left a doubt of the prisoners guilt? IF you say it has, I will be satisfied. You believe it has not you will acquit my client. MR. KNIPE then proceeded to call witnesses: John LOVE; James REILLY, Farnham Arms Hotel; Mrs. KELLY; Messrs M'CANN and M'CABE (all testifying to prisoner's good character). His Worship then proceeded to charge the jury. The whole question was whether it was certain that KELLY had put that note into his till, for if so, guilt had been brought home to the prisoner. The high character of the prisoner should weigh with you, if you have any doubt on the matter, and the high character of Mr. KELLY, which you must all know, is also to be considered, for gentlemen I can see no medium between this story being completely true, and Mr. KELLY being a perjured man. I think there could not have been a mistake in the matter. Was Mr. KELLY's proceedings like that of an intelligent man? he never says a word of the marked note until it is found. Suppose Mr. KELLY not the honourable man he has been stated to be, and would find the prisoner guilty? The jury could not agree. Patrick KEEGAN, for larceny from Mr. Robert VANCE, or Arvagh, pleaded guilty. Joseph BRADY for stealing a miniature portrait. Guilty. One month's imprisonment. There being one or two other cases but they were of a quite unimportant character. ______________________________________________________________ County Cavan Newspaper Transcription Project