ANGLO-CELT - June 23, 1853 - part 2 of 2 -------------------------------------------------------------- CAVAN SUMMER SESSIONS -- JUNE 20. These sessions commenced to-day before P. M. Murphy, Esq., Q.C. At 10 o'clock his worship took his seat on the bench, and was shortly afterwards joined by the following magistrates: -- John E. VERNAN, Esq. ; John GUMLEY, Esq.; R. ERSKINE, Esq. ; M. PHILLIPS, Esq. ; T. THOMPSON, Esq.; W. SMITH, Esq. ; N. KELLY, Esq., R.M. ; _________ Dobbin, Esq., R.M. The clerk of the peace then called the grand jury and the following gentlemen answered their names: -- Thomas HARTLEY, Esq. foreman ; E. KENNEDY, Esq., P. FAY, Esq. ; W. M. BLACK, Esq. ; M. LOUGH, Esq. ; A. KILROY, Esq. ; L. KENNEDY, Esq. ; P. BRADY, Esq. ; J. BRADY, Esq. ; F. M'CABE, Esq. ; J. LOVE, Esq. ; J. KILROY, Esq. ; Thomas MALCOLMSON, Esq. ; H. PORTER, Esq. ; J. MORROW, Esq. ; John BEATTY, Esq. ; and James KELLY, Esq. His Worship then addressed the grand jury: -- Mr. Foreman and gentlemen of the grand jury, I have no remarks to make to you on any case that may come before you to-day with the exception of one, and that is a prisoner named Alice REILLY, in which there is a peculiarity. At a former sessions she was tried and found guilty of felony. At that time she gave her name as Sarah PRIOR, so you will be particular about her, and any information you may require, Mr. GALLOGLY will satisfy you with it. You may now retire to your room and the bills will be sent up to you. The jury having been sworn, Mr. Arthur ELLIS was called and put on his trial for committing an assault on John NULTY. Mr. Ellis occupied a seat beside his attorney. Mr. SWANZY appeared for the prosecution with B. ARMSTRONG, crown prosecutor. Mr. Swanzy applied to the court for a postponement of the case until next sessions, as there was an action pending and would be tried at the next assizes. His Worship asked Mr. James ARMSTRONG if he had any objection to Mr. Swanzy's application> Mr. Armstrong said he had not. Mr. Ellis then left the court. Mathew MULVEY, a lad about 17 years of age, was then put forward, charged with the robbery of six geese, the property of James BENNISON, Esq., of Ballyconnell. Head constable John ALLEN sworn and examined by Mr. B. Armstrong -- Recollects the 8th of February last ; heard of geese having been stolen from Mr. Bennison ; a man called Dan REILLY came with me to a woman's house called FINLAY ; we found there the bodies of two geese stewing in a pot ; we went then to Mr. LATIMER's house and found there the head of a goose and two feet ; Reilly said that that was the head of one of the geese that was stolen from Mr. Bennison ; it was a Poland goose's head ; I know nothing more of the case. Mary FINLAY sworn and examined by Mr. B. Armstrong -- Lives in Ballyconnell ; knows the last witness ; he came to my house in February last ; he got two geese stewing on the fire ; I told him I bought the geese from a boy ; the prisoner in the deck is the boy I bought the geese from ; I bought three geese from him ; I sent out one of them with a little girl to sell ; she sold it to Mr. LATIMER ; the girl's name is Anne REILLY. Court -- What did you give for the four geese? Witness - I gave 3s. 9d. for then, and I got 1s. 2d. for the one I sold ; the prisoner told me his name was MAGUIRE ; I heard after that Mr. Bennison lost some geese. Court -- Was it in the day light or at night you bought the geese? Witness -- It was in the day light. Prisoner -- She never asked me my name, nor did I tell her may name was Maguire. Anne Reilly sworn - Knows the last witness ; she is my mistress ; recollects a boy to bring in geese to my mistress's house to sell ; I do not know the boy ; my mistress sent me out with one of the geese to sell ; I sold her to Mr. Latimer for 1s. 2d. J. Latimer sworn -- I live in Ballyconnell ; I remember buying a goose from the last witness ; it was on Tuesday I bought the goose ; Head Constable ALLEN came to my house ; he found the feet of the goose in the house ; Mrs. Latimer told me not to buy the goose ; I would not have bought it were it not for the girl telling me that the goose belonged to her mother ; I knew her father and mother to be honest people ; if I knew the goose belonged to her mistress I would not have bought her. Court -- Bring back the last witness. When the last witness came back, his worship asked her why she said, the goose belonged to her mother? Witness -- My mistress told me to say so. Court -- Call Mrs. Finlay. On Mrs. Finlay being asked why she told the girl to say the goose belonged to her mother, she said she didn't recollect having done so -- she only told her to sell the goose -- and she would not have sold her, were it not for Ash Wednesday being the next day. Daniel REILLY examined by Mr. B. Armstrong -- I am in the employment of Mr. Benison(sic) ; there were six geese stolen from my master in February last, the geese were on the lands of Carinmore ; I went with Head-constable Allen to Finlay's house, and found two geese stewing on the fire ; we went then to Mr. Latimer's and found the feet and head of a goose in the house ; I knew the feet and head of the goose found to belong to Mr. Benison, as I had a mark on the feet -- there was a large lump on the head -- and there was a hole on the web -- and another web was split ; I do not know the prisoner. The case here closed, and his worship explained the case to the jury, and after a short time they returned a verdict of not guilty. Patrick Fitzsimons was put forward, charged with having unlicensed arms in his possession. The prisoner said the gun did not belong to him, but to his son-in-law that went to America. Sub-inspector M'KINSTRY was called upon to give the prisoner a character. Mr. M'Kinstry said when he went with one of the police in search of arms he found a gun in the prisoner's house ;; the prisoner did not deny the gun but gave it up at once, and he believed the prisoner had no bad intent in keeping the gun, and that the prisoner bore a very good character in the country. Court -- Let the prisoner plead guilty ; I do not think it necessary to press a prosecution as Mr. M'Kinstry gives him a good character. The prisoner having pleaded guilty, his Worship ordered him to be discharged, at the same time warned him strongly to take care not to keep unregistered arms in his house for the future. Edward Fitzsimons of Loughallen, in the parish of Castlerahan, was charge by Sub-constable DOWLING, with having in his possession in January last a lock, stock, and barrel of a gun unregistered, the district being proclaimed. Sub-constable Dowling examined by Mr. B. Armstrong -- I am stationed in the town of Ballyjamesduff ; I went to the prisoner's house in January last ; the prisoner was not in the house when I went there ; I made a search for arms ; I found a gun tied up to the roof of the house ; it was concealed ; I could not see it for some time ; I afterwards found the stock and lock of a gun beside the dresser ; the prisoner came in ; I asked him where was the barrel belonging to the stock ; he said he had none ; I made a further search and found the barrel on the top of the dresses ; when I found it I told him he told me an untruth. Mr. M'Kinstry examined by Mr. B. Armstrong -- I am Sub-inspector ; is stationed in the town of Ballyjamesduff ; I went with the sub-constable in search of unregistered arms ; I was not at the prisoner's house when the arms were found, I went up to another house in search of more ; the barony is proclaimed, and the proclamation was posted through the parish ; I know nothing of the prisoner's character whatever. The prisoner called upon Mr. Hugh PORTER of Ballyjamesduff to give him a character. Mr. Porter said he knew the prisoner since he was a boy, and during that time he bore a good character. The case here closed, and the jury without leaving the box found the prisoner guilty. His Worship, in passing sentence on the prisoner, sad, you are not an ignorant man, and were it not for the character Mr. Porter has given you, your sentence would be much severer, as the practice of keeping unregistered arms must be put down in the county ; so the sentence of the court is, that you be imprisoned for two months, and kept to hard labour. Henry Water was charged with having in his possession on the 27th of March last, near Ballyhaise, a gun unregistered. Constable MORRISON examined -- I am Stationed in Ballyhaise ; recollects the 27th of March last ; was walking along the road, and I saw the prisoner in the field with a gun in his hand ; it was on Sunday ; I went forward and took the gun from him ; he told me he had a license for keeping it in the house ; I went to the house with him, he told me he lost the license. Court -- Who did you get the license from. Prisoner -- From Captain Battersby, about 5 years ago. The prisoner called upon Mr. TOPHAM to certify that he had license for the gun. Mr. Topham said he had license to carry arms, and he remembered comparing his license with the prisoner's. His Worship said the crown could not press the case, as it was quite clear that the prisoner had license but lost them. The prisoner was then ordered to be discharged. COW STEALING. Mathew Mulvey, Patt Mulvey, and Patt Ward were put forward, charged with stealing a cow, the property of Peter DOLAN, of Eagle Hill, on the 20th of May last. Peter Dolan sworn and examined by Mr. Benjamin ARMSTRONG -- I live at Eagle Hill ; there was a cow stolen from me on the 20th of May last ; I saw the cow on the 3rd day after she was stolen in Ballinamore ; the police had her in custody ; I heard it was a man named Francis Mealy that gave her up to the police ; when I went to Ballinamore I met a policeman named Mathew CUNNINGHAM who told me he had the cow. Mathew CUNNINGHAM sworn -- I am a sub-constable, and stationed in Ballinamore ; remembers the 20th of May last ; on that morning I met Francis MEALY with a cow, and the smallest of the prisoners along with him ; Mealy told me that he believed the cow was stolen ; I got an information about WARD ; I went and arrested him ; he was at MULVEY's house at the time I arrested him. Francis MEALY sworn -- I am watchman on the Canal, in the county of Leitrim ; I recollect the 20th of May last ; I was returning home that morning off my watch ; when I came up to the cross-roads a cow dashed up and turned the corner ; the youngest of the prisoners was driving the cow ; I asked him where he was going with her ; he said he was going to the fair of Drumana ; I suspected the cow was stolen ; I asked him what would he take for her ; he said 7 1/2 s. I brought him to my place until I could change my night clothes ; I heard a rushing through the bushes ; I ran out and saw the prisoner running across the field ; I ran after him, and caught him by the back of the neck ; I told him then I would bring him and the cow to the police barrack ; I did so. Patt PRIOR sworn and examined -- I live in the townland of Grelagh ; I recollect the morning the cow was stolen ; I was up early that morning ; I was coming from the Ballyconnell Mills with a load of meal ; I know the townland called Stradermott ; I met two men and a chap on the road ; the three men in the dock are the three I met ; the chap was at the cow's tail ; one of them was before the cow about two perches ; the prisoner Ward was about ten perches behind the cow ; I saw them all speaking together after I suspected the cow was stolen ; I asked the young chap where he was going with the cow ; he said he was going to the fair of Arvagh ; I said there was no fair in Arvagh on that day ; it was then prisoner Ward that was before the cow ; I told young MULVEY the cow was stolen ; the man that was along with me told me to mind my own business, what was it to me whether or not ; I saw the cow afterwards in Ballinamore ; I am quite sure the cow I saw that morning was the same ! I saw with the police in Ballinamore. Cross-examined by Mr. S. N. KNIPE -- Was up early that morning ; was coming from Ballyconnell Mills with meal ; it was at Stradermott I saw the prisoner Ward ; he was about 10 perch behind the cow when I saw him ; was not so far myself from the cow at the time ; will not swear that it was bidding(sic) the time of day Ward was when he was speaking to the Mulveys ; I saw a bundle with Ward ; Ward did not say he was coming home from Scotland ; knows Ward by eye-sight. Court -- Did you know the Mulveys before? Witness -- I did. Cross-examination continued -- I knew the cow when I saw her again ; she was a remarkable cow ; she lost a piece of her tail ; she was a mottled grey cow. Mr. Knipe -- How many horns had she ? Witness -- Did you ever see a cow with three horns? (laughter). Nicholas KELLY, Esq., R.M., examined by Mr. B. Armstrong -- I am a resident magistrate and stationer at Ballinsmore (Ballinamore?) ; the informations were read to the prisoners in the usual form. The case having closed, the youngest Mulvey asked liberty of the court to allow him to saw a word or two. The Court having granted the request, he said it was his father that told him to drive the cow, and that Ward was to sell her. His Worship charged the jury, and after a short time they returned a verdict of guilty against the three prisoners. The prisoners were sentenced to ten years transportation each. Thomas Seery was put forward, charged with having, on the 30th of March last, passed a base sovereign on Mrs. Maria MAGENNIS of Belturbet. Maria Magennis sworn and examined by Mr. B. Armstrong -- I live in the town of Belturbet ; recollects the 30th of March ; it was Wednesday the prisoner came into our shop, and purchased goods to the amount of 15s. ; he gave me a sovereign and I gave him back the change ; I looked at the sovereign and asked him if it was a good one ; he said it was, and if not, she knew him, and that he would be in the next day ; I rolled it up in a piece of paper and put in the till, and locked it up in the evening ; I shewed it to Mr. Magennis ; he said it was not good ; he said he would shew it to Mr. THOMPSON, Manager of the Ulster Bank when he would be in the next day ; he did so, and Mr. Thompson said it was a base sovereign. Cross-examined by Mr. KNIPE -- I saw the prisoner in the shop before the day he gave me the bad sovereign ; I know him, but did not know where he lived ; he came back to the shop the next day ; I did not say a word to him about the sovereign ; when my husband found out the sovereign was bad he sent for SEERY ; he did not come the day he was sent for, but did the day after, he said when he came if I would make an affidavit that that was the sovereign he gave me he would give a pound in place of it ; I said I would not make an affidavit, but would give him more trouble than that ' I had no other sovereign in the house but itself ; I papered it up when I got it, and put it in the drawer ; the drawer was locked ; no one had recourse to it but myself and my husband. Mr. James MAGENNIS husband to the last witness examined by Mr. B. Armstrong -- I keep a shop in the town of Belturbet ; I remember getting a bad sovereign from my wife ; when I saw it I thought it was a bad one ; I left it by in the drawer until I shewed it to Mr. Thompson ; when he saw it he said it was bad ; I put a mark on it ; I cannot saw which is the mark I put on it now ; the Head-constable put several crosses since, so I cannot identify the mark I put on it now ; I am quite sure no person had recourse to the drawer where the sovereign was but Mr. Magennis ; there is but two keys for the drawer ; my wife keeps one key and I keep the other ; the shopboys have no recourse to the drawer that the sovereign was in. Mr. Knipe cross-examined the witness, but his testimony was same as before. Head-constable HARRINGTON was also examined on the part of the prosecution, but his testimony only went so far as to certify that he received the base coin from Mr. Magennis. Mr. Knipe then addressed the jury on behalf of the prisoner, and after a short deliberation the jury returned a verdict of not guilty. Mary MURRAY was put forward, charged with picking the pocket of a girl named Eliza NIXON, in the town of Blacklion, on the 23rd of May last. The prisoner was found guilty, and sentenced to two months' hard labour. Thomas CASSIDY was found guilty of the robbery of a quilt from Mr. Hugh SMITH, of Ballinagh. Sentenced to one month's imprisonment and kept to hard labour. Catherine M'GAURAN was charged, and found guilty of the robbery of a shawl from Mr. O'NEILL of Killeshandra. The prisoner was sentenced to one month's imprisonment. Anne MAGUIRE was found guilty of stealing a quantity of tea from the shop of Alexander LAING, Esq., of Belturbet. The prisoner was sentenced to three months' hard labour. We are, however, reluctantly obliged to hold over the remainder of the trials at these sessions till next week. ==================================================== County Cavan Newspaper Transcription Project ==================================================== County Cavan Newspaper Transcription Project ==================================================== County Cavan Newspaper Transcription Project