ANGLO CELT - July 21, 1853 - part three of three Cross-examined by Mr. B. JOHNSTON - I was nearly three years with the defendant ; during that time I was a diligent apprentice ; I never was summoned by him until the last occurrence ; he summoned me and I was fined by the magistrates ; the dogs made a great noise the night NULTY was assaulted ; I did not say NULTY and I were related to each other ; I did not say we were comrades ; I said we went out after the dogs ; we had our work done when we went out ; we went out to hunt the dogs certainly ; I put out the candles before I left the bake-house ; there were two candles burning in the back-house ; I only said I put out one candle ; there was a small bit of a candle left burning in an iron candlestick ; the door had a latch to it ; the key was always in the door when unlocked, so it was as easy to turn the key as to latch it ; we did not go out on the spree ; I am not bound to answer such questions ; I did not say the dogs brought me to Mrs. BROGAN's ; if the dogs were not t! here we would not have went to Mrs. BROGAN's ; ELLIS demanded the key and told us not to go back again to his place ; he also told Mrs. BROGAN he would have her licence broken for allowing us into her house ; NULTY told me he would go back to ELLIS for the key of the bake-house as he (defendant) would look after him for the loss of the batch ; I went with NULTY as far as the bake-house ; the kitchen door was open ; I cannot say how far the kitchen door is from the bake-house ; I do not know how long I remained at the bake-house door until NULTY came back ; ELLIS told him to begone or he would shoot the pair of blackguards ; it was not too dark at the time ; NULTY had no candle with him ; I saw light up stairs ; it must be a dark night that you will not see a man in his shirt ; heard ELLIS say - come on, you cowardly dog, and I will put this through you, holding out his left arm ; I do not know what he had in his hand ; I ran off from him ; he did not catch me ; I suppose if ! he did I would have fallen the same victim as NULTY ; I did not take that word out of a dictionary, and it is a very proper word when done (laughter). Theresa BROGAN examined by Mr. MAJOR, Q.C. - Lives next door to Mr. ELLIS, the defendant ; recollects last Hallow-Eve ; myself, Patt DOWLING, and my niece were in the house about ten o'clock ; I keep a public house ; saw Mr. ELLIS come in about that hour ; John NULTY and Phil FITZPATRICK were there at the time ; they were not more than ten minutes in when Mr. ELLIS made his appearance ; Patt DOWLING had a jug of punch in his hand ; Mr. ELLIS demanded the key of his bake house, and told me he would have my licence broken ; he got the key ; NULTY said he would do him no harm, that he would finish the work he had in hand ; he told them not to go about to his place again ; he (Mr. ELLIS) then left the house ; Mr. ELLIS, his servant, and children often came through the hedge which separates the gardens ; they often came into and went through my house ; NULTY and Phil FITZPATRICK left the house immediately after Mr. ELLIS ; in a short time after NULTY was brought in covered with b! lood ; before NULTY came in I heard FITZPATRICK cry out in the yard :NULTY is murdered: it was about an hour from the time they left until they returned and NULTY was covered with blood ; thinks that it was only about a quarter of an hour from they left my house until I heard FITZPATRICK cry out that NULTY was murdered, and in a few minutes he was brought in backwards ; DOWLING was not there then ; there was no person in the house but myself and my niece ; NULTY was bleeding from the head ; my niece washed the blood off him and tried to stop the bleeding ; he only remained in my house for about ten minutes ; he was then brought to his own house, and afterwards to Dr. O'CONNOR's ; never knew NULTY to be in her house at night before ; that night he came in accidentally ; he was in the habit of going through my house on Sundays because Mr. ELLIS has no hall-door on his house. Cross-examined by Mr. JOHNSTON - Mr. ELLIS complained before for me allowing his bakers into my house. Thomas O'CONNOR, Esq., examined by Mr. BROOKE, Q.C. - Is an apothecary ; I keep an apothecary's shop in this town ; it is in the Main-street ; recollects last Hallow-Eve night ; heard great knocking at my doors, but, as it is a practice of the young folk to rap at the doors on Hallow-Eve night, I did not take notice of them ; I did not get up ; saw John NULTY about eight o'clock the following morning ; his head was folded in cloths ; the cloths were saturated with blood ; having removed the cloths and examined his head I found two wounds on it ; they appeared to be rather serious, so much so that I deemed it judicious to recommend him to go into the infirmary ; I also found a wound on his arm, but, it being a case fit for the infirmary, I did not examine him closely. George ROE, Esq., M.D., examined by Mr. LOWRY - Is a surgeon and licentiate of the Royal College of Surgeons, Dublin ; recollects to see John NULTY on the evening of the first of November last in the infirmary ; is surgeon of that institution ; did not examine him until next morning ; he had wounds on the left temple ; he also complained of the left ear ; the ear was much swollen at the time that I examined it ; the injuries on the arm did not appear to be of much consequence ; I paid all attention to the head, the shoulder was not much injured ; the head was the most serious ; I do not think the brain was injured at all ; the external parts were very much bruised ; the temple artery must have been opened, as his clothes were completely saturated with blood ; the left arm was also injured ; poker would inflict the wound, but I think it must have been a pointed instrument, as it seemed to be a contused, not an incised wound ; at first I did not consider his life in danger, as! I did not think there was so much injury done, but on the third day erysipelas set in ;the whole scalp and face were affected ; it was that time the accident took place in Dublin, (The accident which the doctor refers to is that of the butcher's boy in Dublin who lost his life by the blow of a whip from Dr. BANKS). I was most uneasy about him ; at that time I considered his life in danger ; I can have no doubt but the erysipelas came from the effects of the wounds on the head ; the plaintiff remained for three weeks and four days in the infirmary, at the expiration of the three weeks and four days he wished to go out ; I was glad he wished to do so, as he would have the benefit of the air outside ; it was altogether with my consent he went out ; I think he was attending the infirmary as an external patient for upwards of two months ; during this time his system was altogether deranged ; I told him not to attempt to work, as his system would not bear it ; I made no communic! ation to a magistrate, but on one of my visits to the infirmary I saw Mr. VERNON there ; I saw the defendant on the 16th of May ; I then found him labouring under paralysis in the cheek, which continues up to this ; the injury to the arm and cheek will be some time before removed ; where a nerve is injured, it causes stinging pain for some time ; I would say, he (NULTY) is not fit to do any work yet. To the Court - Kneading of dough would be of much injury to him. The Dr. was not cross-examined. Patt DOWLING examined by Mr. MAJOR, Q.C. - Recollects last Hallow-Eve night ; remembers to see NULTY (the defendant) and FITZPATRICK on that night ; they came into Mrs. BROGAN's where I was ; they were not more than ten minutes in when Mr. ELLIS (the defendant) came in ; he demanded the key of his bake-house from FITZPATRICK ; he got the key and told them not to go back again to his place ; NULTY took a glass of cordial, and FITZPATRICK took a dandy of punch from me ; they went out in a few minutes after Mr. ELLIS left ; I left the place then and saw no more. Court - What do you mean by a dandy of punch? Is a dandy of punch a tumbler: Witness - No, my lord, it is a 'young one ; it is but half a tumbler (laughter). Rose REILLY examined by Mr. BROOKE, Q.C. - Was a servant to Mr. ELLIS,; heard NULTY ask the defendant for the key of the bakehouse ; I did not hear what reply the defendant gave him ; NULTY asked him again for the key ; the defendant told him to begone out of that or he would shoot the pair of blackguards ; I heard Mrs. ELLIS desire NULTY to go away ; if the batch of bread was lost she did not care about it ; I do not know where Mr. ELLIS was at the time ; I was standing on the second flight at the time ; I often opened the lobby window myself ; I found the poker with blood on it the next morning when I was going to put a fire in the grate ;it was in the bedroom the poker was. Cross-examined by Mr. JOHNSTONE - I was living with the defendant on the 30th of October last ; never was at the sessions ; is quite sure the blood was on the poker ; found it in the fire-place next morning ; I lived with Mr. ELLIS better than a quarter of a year ; did not leave the place at night, it was in the evening I left ; the reason I left was to better myself ; I gave no notice when I was going ; I was only three days in the second quarter when I left. Mr. MAJOR said that the case for the plaintiff closed. Mr. JOHNSTON then rose and made an eloquent and powerful address for the defence, which lasted for about an hour, he then called upon Mr. ELLIS, the defendant, who gave his testimony as follows: -- I am the defendant in this record ; recollects the 31st of October last ; knows the plaintiff, John NULTY ; he was in my employment at the time as foreman baker ; I keep a shop in this town ; Phil FITZPATRICK was my apprentice ; he was not quite three years with me ; NULTY served his time to me as a baker also ; I remember Hallow-Eve night last ; I was looking out of my window that night ; I saw NULTY standing at the bakehouse door ; after some time FITZPATRICK came to the door also ; FITZPATRICK got a soap box and went to fill some turf ; NULTY held the candle for him ; after that NULTY took a small looking-glass, and wiped it with his apron ; I went back to my room and put out the candle ; I came back to the lobby window ; I saw NULTY then standing outside the bakehouse door ; FITZPATRICK came out after him and locked the door ; both of them turned the angle of the turf-house ; I then went back to my room and ! lit the candle ; I took off my boots and came down stairs and went into the turf-house ; neither of them were in the turf-house ; I then went through the garden, into Mr. BROGAN's yard ; I looked and saw a light inside ; I stood at the door, and heard them talk about a house that I was about taking from Captain ERSKINE ; some of them said I would not get it ; I then went in and found NULTY, FITZPATRICK, and some other persons inside ; I demanded the key of the bakehouse from FITZPATRICK ; he gave it to me ; I told them I should get proper men to mind my work ; I also told Mrs. BROGAN I would have her license broke, as she had me robbed by keeping a night-house ; it was about eleven o'clock at this time ; I left the house then, and went into my own house and bolted the back-door ; I went up stairs and took off my dirty stockings, and went to dry my feet ; I then heard a rap at the back-door ; my wife went to the lobby window ; I heard NULTY ask the key ; I told him to be off ! about his business ; at this time I was determined to go to Mr. KELLY's to get a baker to finish the batch ; NULTY still continued giving me annoyance ; I told him if he would not leave the place I would blow his brains out ; FITZPATRICK was prompting him outside, NULTY dared me to come down, and told me if I did I would not be in a hurry back ; I could hear the apprentice directing NULTY what to say ; my wife told me to be quiet, and that they would soon go away ; after a short time I looked out on the lobby window and count not see them ; I believed they were gone off ; the window ; does not rise it open with laths ; I remember about half an hour before I went out I put on a clean pair of stockings, and went down stairs for a large pair of boots that I have for traveling in ; I also went into the shop ; it was new boots I had on during the day ; I then went up stairs and regulated some accounts that I had with a man named WOODWORTH ; I then came down stairs, and went out t! o the bakehouse ; I brought the tongs out of the fire-place with me ; on my oat I did not bring the poker ; I am quite sure it was the tongs I had in my hand ; I also brought the key of the bakehouse ; I had the tongs in my left hand and the key in my right ; when I was in the act of putting the key into the door ; I heard a foot coming towards me ; I then got a kick which knocked me down ; my cheek came against the wall ; the tongs fell out of my hand ; my shin was cut with the kick ; Dr. COYNE was attending me for three weeks after ; I got another blow that knocked me against the angle of the door ; I got up again ; I did not see NULTY until then ; I then caught hold of him and knocked him down ; NULTY shouted, "Phil, you cowardly rascal, where are you;" I was then struck with a stone in the chest, and fell at the gable of the storehouse ; it was either a stone or brick that I was struck with ; I found the effects of it for some days afterwards ; the stone came from the ba! ck of the bakehouse ; I saw FITZPATRICK run away ; I saw him with the light of the candle that was in the bake-house ; as I was getting up I found the tongs, and as NULTY was coming up to me I struck him ; I think it was about the head he received the blow ; he then made at me again ; I told him if he would come again I would hurt him ; the then made at poles that were in the water barrel ; I then struck him on the arm ; he rushed at me again and I then struck him, I think, on the temple ; my wife came between us ; she told him to go about his business ; he thought to get at me again ; after that he walked away ; I went into my own house, and when I saw the manner in which I was cut and abused I went to the police barrack ; the police were all out on duty except one man that was in care of the barrack ; I never struck a blow until I was knocked down ; NULTY was always a quiet, well-disposed man up to this ; FITZPATRICK was not so, as I had to reprove him often for being dru! nk ; I never said Eliza, where is my pistols: never remembers to fire a shot but one or two in my life ; I have one pistol, but it is not in order ; it was only to frighten them I said I would shoot them ; a person standing at the turf-house could not see what would be going on at the bake-house door, as there is more than four feet of an angle ; you must go through the turf-house to the garden ; I did not hear a dog bark in the yard the whole night ; my dog is only a pup ; I was looking at both of them leave the bake-house ; I was looking out of the lobby window ; Rose REILLY was a servant in my place ; she left before her quarter was up. Mr. MAJOR, Q.C., cross-examined Mr. ELLIS, but his evidence was not shaken. B. COYNE, Esq., M.D., examined by Mr. JOHNSTON - Is a surgeon and medical practitioner in this town ; knows Mr. ELLIS, the defendant ; I remember to be called upon to go see him on the 1st of November last ; he was in bed at the time I saw him ; I found a severe, lacerated, contused wound on his leg ; the contusion on the face looked like a scrape against a wall ; it did not require much attention ; I do not remember to hear the defendant complain about the blow of a stone in the chest ; I attended him from the 1st of November to the 20th of same month ; he was almost the entire time confined to his bed ; is acquainted with Mr. ELLIS' character. Court - It is not necessary to refer to his character, as a man coming into this court with an action may be an angel or a demon ; it is all the same. Cross-examined by Mr. BROOKE, Q.C. - The defendant might have received the injuries from a metal pot, but does not think it was, as the wound had a tendency upwards ; it was lacerated also. Court - Would the ear of a pot cause the wound? Dr. COYNE - I think not ; the wound was inclined upwards ; the corner of a wall might cause it. Mr. JOHNSTON produced a map that his client got drawn that the court and jury might see the situation of the premises, and produced Mr. Robert BANNISTER (the gentleman who drew the map) to prove the accuracy of it. Robert BANNISTER examined by Mr. JOHNSTON - Is a surveyor ; made a survey of Mr. ELLIS' premises ; I observed the bakehouse door ; the door is angle ways ; it is not a right angle ; it is obtuse. Mr. JOHNSTON said this closed the case for the defence. Mr. BROOKE, in his usual eloquent style, addressed the jury for the plaintiff, after which the Chief Baron called up Mrs. BROGAN and Mr. DOOLAN to know if they could say what sort of shoes the plaintiff had on the night the assault was committed ; both of the witnesses said they could not tell as they did not take notice. The Chief Baron addressed the jury, which occupied upwards of an hour. In the course of his address he told the jury if they believed that NULTY gave the first blow they would find a verdict for the defendant ; if otherwise, they would find for the plaintiff. The jury then retired to their room to consider their verdict. It being a quarter past eight o'clock, his lordship ordered the court to be adjourned until nine o'clock next morning. His Lordship remained for a short time in court afterwards, and before he left informed the jury that if they would agree any time before eleven o'clock he would come down from his lodgings to take their verdict, at the same time ordered two bailiffs to be sworn and placed at the jury door. The Jury, at half-past ten o'clock, ordered the judge to be sent for, when, on his arrival, the foreman handed in the following verdict in favour of the plaintiff, --- £20 damages, and 6d. costs. The Guardians of the Cavan Union v. John KELLY, Bernard FITZPATRICK, and Owen DRUM. The following gentlemen were sworn on the jury to try this case (no P.L. G. being allowed on the Jury): -- William MOORE, Foreman ; J. BEATTY, F. M'CABE, John DAVIS, John ELLIOTT, W. CLEMENGER, A. KETTYLE, D. FINLAY , Wm. NORTON, Edward KENNEDY, Patrick FAY, and Wm. HAGUE, jun. Mr. LOWRY stated that the present proceedings were against John KELLY, a defaulting collector of poor-rates, and his securities - against KELLY as principal. He stated that previous to the guardians appointing KELLY a rate-collector, there was a rate levied by the guardians on the electoral divisions of Kildallan and Ballyconnell, amounting to 1,542£, 16s. 3 1/2d. This cess was levied on the 15th January, 1850. A person named John FITZPATRICK was appointed collector by the guardians, with whom he entered into an agreement for the collection of the rates, B. FITZPATRICK and O. DRUM were his securities. J. F. however made default, and left the country, leaving 181£ 15s. 3d. uncollected. His securities, FITZPATRICK and DRUM, applied to the guardians to allow John KELLY (the present collector) to collect that sum. The guardians acceded to that application and appointed KELLY collector, with them as securities. KELLY, the present collector, only collected the sum of 8£. 3s! . 4d. The guardians, on inquiry, find that 10£. 13s. 7 ¼ (or ¾?)d. is an unrecoverable arrear, and do not proceed for that sum. B. FITZPATRICK paid 8£. 18s. 8d., being a moiety of the sum uncollected by KELLY. He paid on January 13th, 1852, 50£., and on the 13th December following, 30£. 18s. 8d. This action was filed since that payment, which bears (deducting 3£. 10s. 3d. collected, but not returned) 81£. 17s. 8 1/2d. due to the guardians - solvent arrears. This is the amount which is sought to be recovered from DRUM, who has not paid any of the above sums, and which, on expressed conditions, was to be collected within three calendar months from the delivery of the rate-books. Mr. LOWRY then proceeded to prove the contract between the guardians, and the defendants. Mr. Blayney GRIER, Clerk of the Union - There was a rate made on the Union on the 15th January, 1850. The amount on the Kildallan and Ballyconnell division is 1,562£, 16s. 3 1/4d. - the levies were signed by Capt. PHILLIPS, Thomas ARDUE, and Thomas CLARKE, three of the guardians. John FITZPATRICK was originally appointed collector of that rate ; has the bonds appointing J. F. Collector - Owen DRUM and Bernard FITZPATRICK were his securities. He collected the entire of that rate, except 181£. 15s. 3 ½ d. He went to America ; subsequently John KELLY was appointed to collect the remainder ; I have the minute of the 29th July, 1831 (1851?), ordering his appointment. William SMITH moved, and Bernard GAFFNEY seconded - "that the clerk be directed to fill up a bond and to have it executed accordingly." The minute was signed by the chairman of the next subsequent meeting of the guardians ; has the warrant which was delivered to KELLY ; it is signed by R. BURROWES, Chairman, T! heo. THOMPSON, and James CAFFREY, three of the guardians ; delivered to him (KELLY) on the 13th of August, 1851(?) ; cannot saw exactly the date he gave it back ; KELLY lodged 8£. 3s. 4d. of that rate to the credit of the union according to the treasurer's book ; the treasurer is manager of the Provincial Bank in this town (Mr. GRIER is unable to prove the solvency of the divisions.) Chief BARON - I must have some evidence of the solvency of the divisions. Mr. LOWRY thought his lordship had prima facie evidence that they (the rate-payers) were solvent, and that it was for them to prove that they are not. The Chief Baron must have some slight evidence of the solvency of the divisions. Here a difficulty arose as to who should prove the solvency of the divisions - Mr. GRIER is unable ; all seem unwilling ; at length Edward FINLAY (porter to the workhouse) proved that, generally speaking, the rate-payers are solvent, and able to pay. Mr. James ARMSTRONG, solicitor to the guardians, proved that he entered judgment on the bond entered into by Kelly and his securities with the guardians ; that he has an attested copy of it, but had it not then in court. The Court directed the jury to find a verdict for the sum of 81£. 17s. 8 1/2d. County Cavan Newspaper Transcription Project

>>The following gentlemen were sworn on the jury to try this case (no P.L. G. being allowed on the Jury): -- William >> Does any one have any idea what "P.L.G." stands for. I have seen the letters after names in several articles and would be interested to find out what it means Thanks Val Oliver val.eric.oliver@bigpond.com