(Transcriber's note: sorry, an earlier part two of two of Jan 4, 1853 was sent. It was not complete, and it may be deleted from your files. The following is the complete part two of two.) ANGLO-CELT -- January 4, 1853 -- part two of two -- corrected ------------------------------------------------------------------------------------------ RECORD COURT - TUESDAY, JULY 12. CASE OF WARRANTEE. Lynch v. Price. John BROOKE, Q.C., applied to have the case of Lynch v. Price proceeded with, as the defendant for whom he was concerned lived out of this county, to which application the Chief Baron acceded, when the following jury were sworn : -- Richard REILLY, foreman, A. BERRY, R. CLARKE, John ELLIOT, David GRIFFITH, John WARREN, A. FARIS, H. GIBSON, Thomas REILLY, W. M. BLACK, R. WALPOLE, Mr. JOHNSTON stated the case for the defendant, whom Mr. MAJOR, Q.C., described as a peaceable and unlitigious man, ill-disposed for law suits, and that in order to avoid the present suit he had several communications with defendant, who did not avail himself of these opportunities, and, therefore, was alone responsible for the issue of the trial. He stated that the case arose out of a false warrantee by which plaintiff was induced to purchase a mare from defendant for the sum of £19, in the fair of Kilgolah, on the 27th November, and that he got a warrantee from defendent, "that the mare was all sound except a splint on the leg," this was on Saturday, on the Monday following Mr. LYNCH observed an excrescence on the leg of the mare. He (Mr. L.) consulted a farrier for the purpose of ascertaining what was the matter with the mare, who stated that it was a disease called malanders. He kept the mare up to the 14th of December, when he caused a notice to be served on the defe! ndant, on the 16th December, warning him to take back the mare, and refund him the price he paid him for said mare. Defendant took no notice of that (which is the cause of the present case coming before his lordship), the mare was subsequently sold by auction, in the defendant's presence, for the sum of £12, the difference between which and 19£. being what plaintiff seeks to recover. Rev. E. LYNCH to Mr. R. JOHNSTON -- I am a Catholic curate in the parish of Ballintemple in this county ; recollects the 27th November last ; was in Kilgolah ; saw a mare belonging to Thomas PRICE which was purchased for me ; was present myself ; paid 19£. for the mare ; got an engagement, he engaged the mare all right, except a splint on one foot ; brought the mare home that evening ; brought her about six miles on the second day after I bought her in Kilgolah ; I found scabs on both the houghs(sic) ; did not know what it was ; I showed the mare on the moment to Mr. COYLE, who will be examined ; showed her on the 14th of December to Thomas TIERNEY, who is a blacksmith and farrier ; she was under treatment with him ; had notice served on Mr. PRICE ; Mr. TIERNEY advised me to this ; he stated that the mare was unsound ; he (PRICE) did not take back the mare ; sold the mare on the 27th December, at which sale Mr. PRICE attended ; my brother, Patrick LYNCH, bought the mare for ! 12£. ; offered him 3£. to take back the mare ; he (PRICE) refused ; the mare is now in my possession ; I showed her to Mr. TOWERS, a veterinary surgeon, who will be examined. Mr. J. BROOKE, Q.C., examined witness at considerable length, but did not cut down his direct testimony. Thomas COYLE to Mr. J. MAJOR, Q.C. -- Was in Kilgolah on the fairday (27th Nov.) ; examined the mare ; was there where she was bought ; observed nothing on the man(sic) till the Monday morning. (Mr. COYLE's testimony was nothing more than a corroboration of Mr. LYNCH's testimony respecting the sale, engagement, and the appearance of the scabs, &c.) Mr. COYLE saw the scabs ; they appeared to be a scabby, wet, and watery concern, situated on the back part of the foot, below the knee or middle part of the fore legs ; he served a notice on Mr. PRICE personally at his (defendant's) own house about the 16th or 17th December. Mr. BROOKE, Q.C., examined this witness at considerable length, nor could he elicit anything which could prejudice his first statement. Thomas TIERNAY to Mr. JOHNSTON -- Is a blacksmith and farrier ; lives in Drumkeen ; saw the mare at M'GAURANs ; she had malanders ; she had long hair on the back part of the legs, under which, when he lifted it up, there appeared these cracks on the posterior part of the knee ; this is called malanders ; a horse which would have it would in his opinion be unsound ; could not say how long it was on here ; saw the disease on other horses. Cross-examined by Mr. BROOKE, Q.C. -- Knew it was malanders ; got his information from books in horses ; when such a disease is on the posterior part of the knee, it is called malanders ; ordered mercurial ointment to be applied to it, and to be washed with soap and water ; would not object to a splint in a horse. To a Juror -- The disease was not pointed out to me when I was showed the mare ; does not think a splint an unsoundness. Thomas John TOWERS examined by Mr. J. MAJOR, Q.C. -- is a veterinary surgeon for about the last eight years ; resides at Navan ; saw the mare ; examined her ; she had malanders, which is a skin disease, and which, when its locality is the back of the knees, is called malanders, and is a kind of grease ; it proceeds from different causes -- from bad grooming generally -- is of the opinion it is unsoundness ; there was a mare pointed out to me by Mr. M'GAURAN about a month or six weeks ago, which mare had malanders ; the skin appeared (on the mare) to be thick, scaley, and sore to the touch ; it (malanders) would produce defective action and unsafeness in a horse ; cannot say how long she was under malanders; cannot even form a correct opinion ; it must have existed for some time ; it might have existed for a week, a month, or three months ; does not know how long it might have existed. Cross-examined by Mr. John BROOKE, Q.C. -- Examined the mare yesterday ; the disease might be a week, month, or three months old ; would not advise riding her ; washing with soap and water, and applying mercurial ointment ; standing in a cold stable, high feeding would not lame her ; the washing would not do her harm ; mercurial ointment is very bad, soap and water good ; I have heard TIERNEY's evidence ; from hearing which I could not say now long it existed ; it is a kind of grease ; some horses have it constitutionally, and unless carefully groomed will always have a tendency to this disease ; I would call that tendency unsoundness ; the disease might break out in a short time ; if it existed previously it might reappear again in two days ; over exercise in the fair might induce it. To the Court -- It would not appear between Saturday and Monday unless there was previous cause. James M'GAURAN proved having shown this mare to Mr. TOWERS, and to TIERNEY's first seeing the mare, and that the disease appeared like a scurvey or scab. John BROOKS, Esq., Q.C., commented on the evidence produced by the plaintiff, and then produced the following witnesses for the DEFENCE: -- Thomas PRICE (defendant) to John BROOKS, Esq., Q.C. -- I am a farmer and lives in the county Westmeath ; I sold mare to Mr. LYNCH ; had her near ten months ; she had a splint ; I told Mr. LYNCH so ; never knew of her having malanders ; never saw anything running from the back of the legs. George Moore DAVAGE, M.D., examined by John BROOKS, Q.C.-- Lives at Castlepollard ; is a general medical practitioner ; defendant lives four miles from me ; saw the mare on Monday or Tuesday previous to the fair ; she was in the stable ; he intended to buy her for his brother ; saw nothing on her but a splint ; generally speaking has a knowledge of horses ; has seen but two cases of malanders ; it does not appear that this case of malanders could escape his examination ; thinks when he examined her she could not have malanders ; considers it comes from a bad state of the blood, and that a horse would in his opinion be unsound if he had it. Mr. JOHNSTON cross-examined this witness at much length and with great ability, but could not shake his direct testimony. Mr. JOHNSTON then commented on the evidence for the defence, and dwelt on a question put by a juror and answered by Mr. TOWERS for considerable time. The Court not being certain of the correctness of the question to Mr. TOWERS -- could the disease be so skilfully(sic) treated that it would escape detection? Mr. TOWERS replied that it could be so treated so as to escape the observation of a professional man, except he knew his business. The Chief Baron complimented Mr. TOWERS for the straight-forward and intelligent manner in which he gave his evidence, and for his professional acuman(sic), and then charged the jury, which, after a short deliberation, returned a verdict for the plaintiff for the full amount claimed and costs. [The remainder of the assizes intelligence will be given in our next.] ----------------------- INCUMBERED COMMISSION COURT. The Chief Commissioner sat on Thursday, for the disposal of the following estates by public auction. There was a crowded attendance in the court, and the biddings were of a spirited character: -- COUNTY OF CAVAN. In re the Estate of Anthony O'REILLY. Lot 1. -- The lands or(sic) Garrysallagh, held in fee, containing 96 statute acres ; yearly rent, 126£. Mr. COLLES was the buyer, in trust for 2,375£. Lot 2. -- The lands of Drummalaghan, held under a church lease, at the yearly rent of 12£. 18s. 6d., containing 72 statute acres ; annual rent, 98£. 18s. 8d. Mr. COLLES was the buyer, in trust, 1,950£ Lot 3 -- The lands of Gortneshangan, held in fee, containing 78 statute acres ; annual rent, 19£. 7s. 8d. Mr. COLLES was the buyer, in trust, at 525£. Lot 4 -- The lands of Kilbride, held under a fee-farm grant, containing 503 statute acres, subject to a fee-farm rent of 36£. 18s 6d, and producing an annual rental of 517£ 11s 4d. Mr. COLLES was the buyer, in trust, at 8,025£. Lot 5. -- The lands of Knocknavan, containing 105 statute acres, held under the same grant with Lot 4, at an annual rent of 135£ 0s 5d. This Lot and Lot No. 6 was sold indemnified by Lot 4 from the fee-farm rent mentioned in Lot NO.4. Mr. COLLES was the buyer, in trust, at 2,125£. Lot 6 -- The lands of Polereagh, containing 134 statute acres, held under the same grant with Lots 4 and 5, producing the annual rent of 147£ 10s. 6d. Mr. COLLES was the buyer, in trust, at 2,255£. This estate was sold at an average of 17 years' purchase. Mr. Robert SMITH, solicitor, had the conduct of the proceedings. COUNTY OF DOWN, KING'S COUNTY, AND CITY OF DUBLIN. In re the Estate of William Edmund REILLY, deceased. The following lands and premises, situate in the county of Down, King's County, and City of Dublin ; Lot 1 -- Meenin, county of Down, containing 391 statute acres ; nett(sic) yearly rent, 406£.. 15s 2d. Mr. Thomas GARRETT was the buyer in trust, at 8.425£. Lot 2 -- Tamnaharry (part of), and Edentrumley, county of Down, containing 703 statute acres ; nett yearly rent, 184£ 9s. 1d. Mr. HAMILTON was the buyer in trust, at 2,425£. Lot 3 -- Tamnaharry (part of), county of Down, containing 37 statute acres ; nett yearly rent, 50£. The Rev. Charles LETT was the buyer at 2,250£. equal to 45 years' purchase. Lot 4 -- Ballyvalley, county of Down, containing 590 statute acres ; nett yearly rent 226£ 14s 5d. Mr. Frederick HAMILTON was the buyer, in trust, at 3,700£. Lot 5 -- A fee-farm rent, arising out of the mansion-house and demense lands of Colenacran, county of Down, containing 37 statute acres ; nett yearly rent, 65£.. 0s. 3d. Mr. O'BRIEN was the buyer at 1,550£. Lot 7 -- Profit rents arising out of the houses Nos. 13, 14, and 15, Dawson-street, Dublin ; nett yearly rent, 122£. 12s. 10d. Mr. Basil ORPEN was the buyer at 1,925£. This estate was sold at an average of 19 1/2 years' purchase. Messrs Thomas CROZIER and Son, solicitors, had the conduct of the sale. ------------------------------------------------------------ MARK OF RESPECT. -- On Tuesday evening, the 28th inst., a number of respectable inhabitants of Newry assembled at Dransfield's hotel, for the purpose of presenting Head-Constable Benjamin WHITLEY, on his removal to Armagh on promotion, with an address, accompanied with a massive gold chair, and key, as a mark of their unqualified approval of his merrits(sic) and gentlemanly demeanor during his residence in Newry, a period of nearly six years. Mr. Whitley leaves Newry deeply regretted by all parties, and carries with him the unanimous wishes of the people of Newry for his future welfare and prosperity. During Mr. Whitley's residence in Newry he earned the esteem and admiration of all classes ; and we sincerely congratulate the people of Armagh upon the acquisition of so useful, efficient, and obliging an officer. --Newry Telegraph. ENLISTMENT OF LORD ERNEST VANE, SON OF THE MARQUIS OF LONDONDERRY. A good deal of surprise was occasioned on Friday evening last by the announcement that Lord Ernest VANE, youngest son of the Marquis of Londonderry, had enlisted in the 4th Royal Irish Dragoons. It appears that the noble lord has been for some time past staying in the neighborhood of Winchester, as pupil in the house of a clergyman, and on Thursday last came to town by the South-western Railway, accompanied by his groom, and proceeded at once to Charles-street, Westminister, where he fell in with a recruiting sergeant, with whom he enlisted, and then tried hard to induce the groom to follow his example, but without effect. The servant returned to Winchester and communicated the extraordinary news to the family, and the electric telegraph was resorted to, but the information reached the noble marquis too late. The noble lord and a party of recruits were regularly attested at Rochester-row police court on F! riday, and although some of the authorities at the magistrates' office recognised him, he said his mind was made up. He gave the name of Earnest Smith, and started with his comrades for Dublin. His lordship is in his nineteenth year, about five feet ten inches in height, stout and well made, and appears at present resolved to follow his newly-adopted career. --Observer It is gratifying to learn from a return "of the number of persons flogged in the navy since 1847, with the number of lashes inflicted: (for which return the public are indebted to the inquiring spirit of Mr. HUME, that the use of this revolting punishment has been, year after year, not merely decreasing, but decreasing at a consoling rate -- over the whole term included in the return. Omitting the number of lashes inflicted, we may notice that the number of punishments, during the following successive years, has been on the following rapidly falling scale: -- In 1848, the number of punishments were, 1,363 ; in 1840, 1,087 ; in 1850, 967 ; in 1851, 842 ; in 1852, 587. Mr. Joseph TINNISWOOD, of Edenhall, Lancashire, recently killed twelve rooks at one shot with a single-barrelled gun. -------------------------------------------------------------------------------------------------------------- County Cavan Newspaper Transcription Project