ANGLO CELT - July 14, 1853 -- part one of two -------------------------------------------------------------------- MARRIED. On the 12th July, at Crossakeel Church, county Meath, by the Rev. Adam HUDSON, uncle to the bridegroom, assisted by the Rev. Richard BOOTH, Rector of Killshler?(Killahler?), Edward HUDSON, Esq., eldest son of the late Edward HUDSON, Esq., of Loughbrickland, county Down, and Gardiner's-place, Dublin, to Emily Eleanor, youngest daughter of the late Rev. William GRATTAN, of Byloan (Syloan?) Park, county Meath, and Swanlinbar, county Cavan. ----------------------------------------------- CAVAN SUMMER ASSIZES. At twelve o'clock on Friday, the 8th instant, James STORY, Esq., High Sheriff of the county, entered the Court House, and immediately after took his seat on the bench. Edward Ellis MAYNE, Esq., Secretary to the grand jury, in the absence of Samuel SWANZY, Esq., Clerk of the Crown, swore the following gentlemen on the grand jury : -- William HUMPHREYS, Esq., D.L., J.P., Foreman, Balllyhaise House, Colonel CLEMENTS, Ashfield Lodge. James HAMILTON, Esq., J,P., Shinan House, John E. VERNON, Esq., Ford Lodge, Robert J. CUMMING, Edw., Crover, Joseph DICKSON, Esq.., J.P., Bailieborough, Captain PHILLIPS, J.P., Glenview, Abraham BRUSH, Esq., J.P., Drumbar Lodge, Henry SARGENT, Esq., J.P., Kighter(Bighter?), William TATLOW, Esq., Lismore, Wm. A. MOORE, Esq., Arnmore Lodge. Colonel St. John A. CLERKE, Longfield, John JOHNSTON, Esq., J.P., Ballyconnell. Edward M'INTOSH, Esq., J.P., Cootehill, John GUMLEY, Esq., J.P., Belturbet, Captain ERSKINE, J.P., Cavan. The grand jury then proceeded to pass the county officers' salaries, after which Frederick GAHAN, Esq., County Surveyor, applied to the foreman for another assistant, and in so doing he said, I would be sorry to put the county to expense, but really it was quite impossible to perform the duties that has to be done in the county with the assistants I have, as one of them was for three weeks superintending a bridge between Ballyconnell and Bawnboy, and during that time the whole of the business of the county devolved on my other assistant and myself. Foreman -- How many assistants have you, Mr. GAHAN? But two. Mr. MAYNE -- There were three until within the last two years, when the grand jury reduced them. Mr. MASTERSON - I object to the application, on the part of the ratepayers, to any increase of county officers, I think there are quite enough of burden on us without increasing it, although at the same time we have the highest faith in Mr. GAHAN, and know well that he has saved us wonderfully, since his appointment. Mr. VERNON also thought there was no necessity for an increase of another officer. Mr. HOPEWELL -- If a man expends 12£. a year out of his salary for cars the remainder is very small to pay his other expenses. Mr. MASTERSON -- If you wish to indulge yourself with cars you may ; I can tell you there are numbers of the rate payers would be glad to have your situation. Mr. JOHNSTON -- I know the bridge between Ballyconnell and Bawnboy would not be so well done were it not for Mr. Hopewell's superintendence. Foreman -- It is better to let the matter go before the committee on Monday next, and let the matter get due consideration. This being agreed to, the Grand Jury proceeded to pass presentments which occupied the remaining part of the day. The Secretary read a number of memorials addressed to the chairman from several road contractors praying the Grand Jury would either allow them the last half year's presentment or break the contract, as the price they had for the road was quite too low, and that they could not fulfil(sic) the contract. Mr. GAHAN said that several of the roads was kept in a wretched state during the winter, and that it was only approaching the assizes they done anything at all to them, and if the Grand Jury would not make an example of the defaulters the roads would always be in the same state, as they put in such low tenders that it was quite impossible for them to complete the work for the sum they contracted for, and prevented other parties getting the contract that would complete the work. Mr. VERNON -- I quite agree with Mr. Gahan, and I advise the Grand Jury to hold every one of them to their contract. The Grand Jury all agreed to do so, and if the work was not done to the satisfaction of the County Surveyor that they would sue their sureties. The Secretary also produced a number of sessions decrees taken out against defaulting road contractors, and informed the Grand Jury that the Barrister directed them to be held over until they would go before the grand jury. Foreman -- The Barrister had no right to give any such orders, they should have been executed at once, there is no use in taking out decrees unless they are put into execution. Mr. Gahan said since the decrees were taken out some of the parties that they were taken out against had improved their roads very much. Some of the contractors were allowed up to October to have the work completed before the decrees would be put into execution. MALICIOUS INJURIES. On Saturday evening the grand jury proceeded to hear applications for malicious injuries: the first case called on was Philip BRADY, of Lismeen, who claimed 3£. compensation for the burning of a quantity of turf on the night of the 7th of July, (...) on the lands of Lismeen, in the parish of Lurgan. After BRADY was sworn, Mr. TATLOW asked him why he thought it was maliciously burned. BRADY said he took a farm a short time before the burning, and he believed it was grudged to him ; he also said he had the rick of turf for the purpose of burning a lime-kiln. Mr. VERNON asked BRADY how many load of turf (transcriber's note: some missing here).... what there was of worth. Mr. VERNON -- Was it from the ashes of the turf you saw the next morning you valued it? Witness -- No, your honour, I saw the rick often before. Mr. TATLOW asked BRADY if he was on good terms with the person he suspected to have burned the rick at the time? BRADY said he was until he took the farm, and after that they were at variance. Mr. SARGENT said he thought there was sufficient proof that the turf was burned maliciously, and that they might not proceed further. Mr. TATLOW then moved that BRADY get the 3£. compensation, which was agreed to by the grand jury. Like REILLY, of Carlatt, in the parish of Mullagh, sought compensation for the malicious burning of a house, his property, on the night of the first of May, 1853. REILLY was sworn, and stated that he believed the reason for burning the house was that he got married to a girl that another person was after and going to get married to ; he was told a short time after that he would pay for so doing ; so when he heard of it he went to Mr. MORTIMER, who told him to summon the person that said it, and he would settle the fellow when he would come before him. The parish priest settled it between them, and shortly after the house was burned. Mr. TATLOW -- Was there any person living in the house? Witness -- There was not. Mr. TATLOW -- Did you ever intend to put any person to live in the house? REILLY -- I did, your honour. Mr. VERNON -- When you got the house into your possession were you not told you should throw it down? REILLY -- I never was told it should come down at all to my recollection. Mr. VERNON -- Did Mr. ROGERS ever tell you it should come down? REILLY still continued to say he never heard anything on the subject. Mr. SARGENT -- Was there any fire in the house about eight days before it was burned? REILLY said he thought he heard there was, but could not swear to it. Mr. SARGENT -- There was no door on the house at the time, I believe, and was not part of the roof fallen in? REILLY -- There was only a small bit of the roof over the door stript(sic) ; there was no door on the house at the time. Mr. HAMILTON -- Did you ever get a threatening notice? REILLY said he never got a notice, but he was told he should leave the place. Mr. SARGENT --- Was it your rival that beat you coming from Baillieborough REILLY -- It was. After some other questions having being(sic) put to Reilly, and there being no opposition from the rate-payers, the grand jury granted 3£. compensation. Bernard REILLY, of Cavan, applied for 17£. 12s. 1111d. compensation for a malicious injury of cutting and damaging several pieces of linen, tweed, cashmeres, Orleans, gray Holland, gray calicoes, and ticken, at Cavan, on the night of the 20th of March, 1853. Mr. John ARMSTRONG appeared on the part of REILLY, and represented the case in a very clear manner. The Grand Jury said they could not entertain the application as the usual necessary notice was not served, but at the same time recommended MR. ARMSTRONG to represent the case to the judge. Mr. ARMSTRONG said he would do so, but he regretted much that the grand jury could do nothing for him. Ellen CARRAHER, of Drumowna, parish of Drung, applied for the sum of 11£. 10s. 6d. compensation for a malicious burning of her office, 220 stocks of straw, and 42 head of fowl, her property, which took place on the 15th of February last. Mr. John ARMSTRONG appeared on the part of the widow, and Mr. Edward M'GAURAN on the part of the cess-payers. Mr. ARMSTRONG called upon Kit CARRAHER, son to the widow, who gave his testimony as follows: -- I am son to Ellen CARRAHER of Drumowna ; I remember the night of the burning. IT was about three o'clock in the morning ; when I took notice of it I started up, and put my head out of the window, and saw the cow-house on fire ; I was much alarmed, I ran and called all in the house ; the servant boy was the first that ran out ; my sisters and mother came down ; the boy ran and took out three cows out of the cow-house ; he said he would venture his life for the cows ; it was in a flame at the time ; there was no fire in the house the night before ; we ran and got all the help we could ; there were eleven hundred of straw in the house and forty-two head of fowl ; the barn was also burned ; there were some potatoes in the barn ; all the people done their best ; the barn was thatched last year ; you could reach the eve of the barn outside ; my mother got a farm from Mr. BURROWES ; we heard of a threatening letter ; it was the sergeant of police at Tullyvin that had it ; I did no! t see it, but -- Mr. M'GAURAN -- I object to this evidence. Mr. ARMSTRONG - The evidence is very good ; he is only going to tell you about the threatening letter. Mr. VERNON (to the witness) -- Did you see the threatening letter yourself? Witness -- I saw it with the sergeant ; he read it for us ; Bernard M'CABE saw it also. Mr. M'GAURAN -- Never mind what Bernard M'CABE saw ; where is the sergeant now? Witness -- He is gone away out of Tullyvin. Mr. M'GAURAN -- Do you say there were plants pulled up also? Witness -- I do. Mr. M'GAURAN -- Did you ever say you caught a man stealing the plants? Witness -- I did, but it was not there. Examination continued -- Mr. M'CABE's name was in the notice, and another man named Phil KING. Mr. SARGENT -- Were the three names in the one notice? Witness -- They were. Mr. M'GAURAN cross-examined the witness at some length, but his testimony was same as before. He stated most positively that he never knew a candle to be brought out to the cow-house, and that he never was from home at night. Mr. M'GAURAN addressed the grand jury, and said he would produce evidence to prove that they were in the habit of bringing candles into the cow-house after night, and that the burning was not a malicious injury, and called upon James CARRAHER for the defence. James CARRAHER examined by Mr. M'GAURAN -- I remember the night of the burning ; I was there that night ; I was called out of my bed ; I was told to alarm the neighbours ; I saw the barn in a flame when I went down ; the flame was coming out of the centre of the roof of the house. Mr. TATLOW -- Are you on friendly terms with the widow? Witness -- The best until this came across them. Examination continued -- I only came here to tell the truth ; I had no other interest in it ; I remember to see a candle on one occasion going into the cow-house ; it was about a fortnight before the place was burned. Mr. ARMSTRONG here produced three young women, daughters to Mrs. CARRAHER, to prove that they never knew a candle to go into the cow-house. The grand jury said it was quite unnecessary for Mr. ARMSTRONG to examine them. Examination continued -- One of the girls came to my wife after the burning and said she lost 17 head of fowl ; my wife said she thought she could not have so many ; she said she had, and that there was a banton cock and a turkey amongst them. Cross-examined by Mr. ARMSTRONG -- Is a relative of the widow's ; has as good a word as any other man in court ; never was put off the table in Cootehill for false swearing ; is on good terms enough with the widow ; was not often in her house since the burning. Mr. VERNON -- Did you ever accuse the widow of looking for your land? Witness -- Never. The grand jury believed this to be a malicious injury, and called the first witness upon the table to know the value of the fowl and straw that was burned ; he said the fowl was value for 13d. each, and the straw was value for 2£. 15s. The Chairman and others of the grand jury said that they considered 10£. would compensate him well, and they would grant that sum. Mr. ARMSTRONG applied for costs, and stated that the CARRAHERS were put to very great expense, as the opposite party reported that they intended having counsel at the baronial meeting in Cootehill, so that they were compelled to send for him to Belturbet to plead for them ; they had also to pay him for attending here to-day, and that they were put to other (transcriber's note: a bit is missing here) Samuel SWANZY, Esq., Clerk of the Crown, read the commission, and afterwards re-swore the grand jury, when his lordship addressed them as follows: -- Mr. Foreman and Gentlemen of the Grand Jury -- it is my good fortune to inform you, that, for a long period I had the honour of being a member of this (the Cavan) bar, and afterwards to preside on the bench as judge, and in all my experience never remember so light a calendar as the one before me at present. It only contains five crown cases, and all of a most trivial nature, I will not therefore take the presentments this evening as the business is so extremely light, but will to-morrow morning. I believe some cases will be brought forward which will require the special attention of the court as well as that of the grand jury, so if you find the bills to night, in the morning, after the presentments are passed, I will feel great pleasure in discharging you, so gentlemen you may now retire to your room and bills will be sent up to you. TUESDAY. His lordship entered court this morning at 10 o'clock, when the foreman of the grant jury handed down the bills of indictment. His lordship ordered the prisoners to be put forward, all of whom, save one, pleaded not guilty. They were ordered to stand down for the present. His lordship then proceeded toa flat the presentments, and after they had been disposed of, the court proceeded with the appeals, only six in number, which were of the smallest number upon record in the court, none of which possessed the slightest public interest, and after they had been finished, his lordship proceeded with the CROWN BUSINESS. The following jury having been empannelled and sworn, viz.: -- Charles KENNY, Joseph POGUE, Wm. PRATT, Joseph DOBSON, Thomas GILLOLY, Francis M'KEON, James SMITH, Robert RAMSAY, Christopher MORRISON, Peter M'GAURAN, Joseph TREVOR, and James WILSON. John ROONEY, aged 24 years, was then given in charge to them for the manslaughter of James CURRY, a boy aged about 10 years. Wm. M'MULLEN examined by Mr. SMYLEY, deposed that on the 1st June (last month) he, the deceased, and several other little boys were amusing themselves by throwing stones at an old tin can, convenient to the house of Thomas ROONEY, the father of the prisoner, with whom he resides in the town of Cootehill, and that he came out of it, and gave the deceased a slap upon the left side of the head with his open hand, when he fell ; he began to cry, and said that if he (the prisoner) was his match he would not have struck him ; prisoner then went into his father's house, and they all went away ' he (deceased) died on the 18th of June ; was not at the inquest but was at his funeral. Cross-examined by Mr. PEEBLES -- Saw the deceased in about half an hour after the occurrence -- when he got the slap -- sitting on a cart and he was laughing as if he had received no injury. Wm. START, Esq., surgeon, deposed that the mother of the deceased brought him to his shop on the next day, and he found that his head was swollen near the left ear, and gave her a lotion to allay it ; saw him in eight days after and found that the tumour had supurated ; Dr. SHARP attended him in the intermediate time ; assisted him in making a post mortem examination on the body of deceased ; found that a portion of the supurated matter had fallen in on the brain ; the lobe of the right lung was also partially inflamed, which, he conceived, could not have been more than three of four days standing, and was preinjured or caused by the sympathetic connection of that organ with the seat of the injury on the head, which, in his opinion, caused death. To the Judge -- Thinks that the disease of the right lung would not have caused immediate death. James SHARP, Esq., M.D. and surgeon, gave similar evidence. At the instance of Justice Torrens Peter M'GAURAN, Esq., surgeon, was called and examined. He deposed that he had seen and examined the deceased a few days previous to his death and found him labouring under scrofulous inflammation of the lungs, which he conceived to be the material cause of his death. The conclusion derived from a post mortem examination -- that matter could not rest in contact with the members of the brain without that organ speaking in a loud language of delirium -- in a solicism in pathology. Everything about the constitution and tumour bespoke the morbus totius substantie scrofula. Margolin of Venice, professor of medical jurisprudence, recorded analogous cases in the same region. In this post mortem no mention is made of the spinal columns, where the disease is so common in scrofulus patients. The contingencies to which he alluded applies especially to injuries of joints, and not to the present region, where asseous arrangement forbids the idea o! f such a tumour from such a cause. It had not the character of a special lision. To Judge TORRENS -- Thinks from the reasons he had assigned that the injury on the ear was not the immediate cause of death, but the affection or disease of the lungs ; was not permitted to be present at the post mortem examination. Judge TORRENS highly complimented Dr. M'GAURAN for the erudite medical learning and information which he displayed in giving his evidence. Dr. M'GAURAN, in returning thanks to his lordship for his good opinion of him, stated that he had been loaded with opprobrium by certain parties in Cootehill for his interference in the matter. Judge TORRENS -- Don't mind that, Dr. M'GAURAN, for I have been frequently maligned myself. Bessy CORRY, the mother of the deceased, swore that her child was healthy, and never was confined by sickness or ill health before he received the injury of which he died, and that he was murdered. Drs. SHARP and STUART gave an excellent character to the prisoner, after which his lordship charged the jury, who after a short deliberation, returned a verdict of guilty, accompanied with a strong recommendation to mercy, which his lordship stated he would attend to. The prisoner was sentenced to be imprisoned for one month from the 20th June, the date of his committal. Bridget CONLAN, aged 27 years, pleaded guilty to an indictment, which charged her with having concealed the birth of her illegitimate child, and hid its dead body in a wooden chest. To be imprisoned for four months. James LEDDY, aged 19 years, was found guilty of several burglaries and robberies, and having been found guilty of former convictions of similar offences. To be imprisoned for one year, and to be kept to hard labour. James HEAVY, aged 17 years, found guilty of pocket picking in the fair of Killeshandra. To be imprisoned for three months and twice whipped. This finished the criminal business.