ANGLO CELT -- March 31, 1853 -------------------------------------------------- COOTEHILL QUARTER SESSIONS. Three sessions commenced in Cootehill on Monday last before P. M. MURPHY, Esq., Q.C., Assistant Barrister for the county of Cavan, John VERRES(?), Esq., of Bailieborough, R.M., Michael PHILLIPS, Esq., Glenview, Belturbet ; Samuel Rutherford MOOREHEAD(MOOREHEED?), Esq., Fortwilliam, Cootehill ; and Edward M'INTOSH(?) Esq., Cootehill. The business to be transacted at these sessions was unprecedentedly light, there being only 173 civil bill(>?) processes, 12 ejectments, 2 legacy cases, 1 replevin, 5 applications for spirit licenses, and 9 crown numbers(?) ! Shortly after the sitting of the court, at ten o'clock, a.m., the following persons were sworn on the grand jury, vis., -- Messrs. Patrick HORAN (foreman), R..... BROWNE, John CAMPBELL, John SHERA, W(illiam?) MAXWELL, Edward COONEY, Samuel FISHER, Thomas FAY, Philip SMITH, Joseph ADAMS, Edward S(harp?)(Slorp?), John JOHNSTON, John RUSK, Wm. MAHOOD, Edward MAHOOD, Adam DEAN, and George PORTER. His worship (the Assistant-Barrister) then addressed them to the following effect: -- Gentlemen of the grand jury, I am happy to be able to inform you that your duty on this occasion will not be very onerous, as there are only nine numbers on the crow book, and the cases are of a trivial nature, which speaks well for the peaceable state of this district. There will be a couple of indictments laid before you against parties for former convictions, which of course you will have no difficulty in disposing of ; and should you require any advice or assistance from me, I shall have much pleasure in affording it to you. And as soon as you shall have disposed of the bills, which the clerk of the peace will send up to you, you will be discharged from further attendance, and concluded by saying, gentlemen, you may now retire. The spirit licenses were then entered upon, and all the applications for same were granted, save that of Hugh MARTIN of Cootehill, which was refused by the bench in consequence of his having been convicted and imprisoned for two years, for participating in the robbery of the cattle of Samuel HALL of See, in the autumn of the year 1850. There was only one appeal from magistrates' conviction entered, which fell to the ground in consequence of the informality in the proceedings. The following petty jury was then sworn, vis.: -- Ambrose HARTLEY, James PRIOR, Michael BRADY, E? GARDINER, Joseph M'FADEN, Hugh M'FADEN, Thomas SHARP, Owen COLLINS, and Bernard COLLINS, and the following trials proceeded with. Ann GREEN and Patrick REILLY were arraigned upon an indictment which charged them with having, at Kingscourt, on the 19th February last, stolen three geese, the property of Catherine KERNAN of that town. They also stood indicted for having had said geese in their possession at same time and place, well knowing same to have been stolen. They were found guilty, and the male prisoner sentenced to be imprisoned for six, and the female for one month at hard labour. Patrick CLEARKIN was indicted for having, at Cootehill, on the 11th March inst., (the fair day of the town), robbed Patrick SMITH of two purses containing 3£. 3s. 9d. in gold and silver. Not guilty. Catherine BROGAN, a young but very prepossessing woman, pleaded guilty to an indictment which charged her with having stolen wearing apparel, the goods of Bridget FARRELLY, at Lisnahetherna, near Mullagh, on the night of the 1st March inst. To be imprisoned for two months and kept to hard labour. It appeared that a man of the name of James CARR, with whom she cohabited, was also at the robbery, but he succeeded in effecting his escape out of the Bridewell of Bailieborough. William GERRAGHTY, a young lad of a most wretched appearance, his countenance being of a sepulcher hue, evidently from destitution and starvation, although only discharged from Cavan gaol at last assizes, also pleaded guilty to an indictment which charged him with having stolen some flax, the property of Messrs. KANE and Co., of Belfast, off (........) at Cootehill, on the night of Friday last. He was also arraigned and pleaded guilty to a second indictment for having been convicted of a larceny on a former occasion, and having received a very bad character from the deputy gaoler and sub constable, William SIMPSON, he was sentenced to be transported for ten years. June KING, a young looking lad(SIC), was found guilty of stealing a loaf of bread and a piece of calico, in which it was tied, the property of Robert M'AD..... of Ashfield, in the house of Mr. James BAILEY,...... keeper, Cootehill, on the night of the 4th March inst., and that, too, whilst in custody on a charge of picking the pocket of said Robert ADAM of 2£. ?s., a few minutes previously, but the indictment for which was ignored by the grand jury ; and having been found guilty and imprisoned for six months for having robbed one Andrew MARTIN of 5£. in the year 1844, and having received a bad character from Mr. MOOREHEAD, the deputy gaoler, and said sub constable, William SIMPSON, she was also sentenced to be transported for ten years. James WOODS, sen., James WOODS, jun., Wm. WOODS, Jane WOODS, and Elizabeth WOODS, the sons and daughters of James WOODS, sen., were tried upon an indictment which charged them with having, at Aug...ten(?), near Tullyvin, on the 1st March last, committed an assault upon and taken forcible possession of a farm of land, the property of George PORTER, ....kenny, on the 1st March inst. The male prisoners were found guilty, and the female acquitted. To be imprisoned for three months, each at hard labour, but the sentence was subsequently mitigated upon sequence of said James WOODS, sen., giving up possession of said farm to Mr. PORTER. This terminated the crown business. CIVIL BILL REPLEVIN -- LANDLORD OPPRESSION. Michael WARD in replevin. Plaintiff, Henry O'REILLY, Defendant. On this trial being called, the Defendant's (Mr. O'REILLY's) attorney (Mr. Benjamin ARMSTRONG) submitted to the court that, under the circumstances of the case, it would be better to refer it for arbitration. The Plaintiff's son (Mr. John WARD) who appeared for plaintiff, applied to the court to have the trial proceeded with in the ordinary way ; whereupon the Barrister empannelled a jury of three gentlemen to try the case between the parties. The jury were -- Andrew NIXON, Esq., near Virginia, Charles PRATT, Esq., Barleyhill, and John KENNY, Esq., Redhills. Benjamin ARMSTRONG, appeared for Mr. O'REILLY the defendant in replevin, and Messrs. Edward M'GAURAN and William MAHAFFY for Mr. WARD (the plaintiff). Mr. O'REILLY sworn and examined by Mr. ARMSTRONG, stated that the plaintiff owed him 59£. 14s. rent, down to 1st Nov. 1852 for which he distrained plaintiff, who holds three farms under him in Kilnacrossduff. On cross-examination by Mr. M'GAURAN, Mr. O'REILLY said he had too many dealings to his loss with plaintiff. He does not recollect when he gave a receipt for rent to plaintiff ; admitted a receipt, rather an acknowledgement, for payment of rent handed to him by Mr. M'GAURAN, bearing date 8th Dec., 1849. He subsequently admitted that all rent due to him by plaintiff were paid down to Nov., 1850. Mr. M'GAURAN observed that he was glad to find that Mr. O'REILLY had not denied his signature now, as he did lately in the Court of Common Pleas, Dublin. Plaintiff endorsed bills frequently for him in the National Bank, Carrickmacross. He did defend an action in the Court of Common Pleas instituted against him by Mr. John FARRELLY of Cavan on a bill of exchange endorsed by John WARD, plaintiff .... He swore in the Court of Common Please on that occasion that his name had been forged to the bill of exchange in question by John WARD. He (Mr. O'REILLY) admitted that the judge and jury told him they did not believe one word he swore on the occasion, and that he was ordered off the table by the judge. The jury found a verdict against him. Mr. O'REILLY subsequently swore he did not hear the judge or jury tell him they did not believe what he swore. He admitted to have received only 20£. from plaintiff since Nov. 1850 which was paid to Dean ADAM.....(ADAMSON?) in lieu of re! nt for him by Mr. WARD. Mr. John WARD sworn and examined by Mr. M'GAURAN -- Stated that he handed 40£. to Mr. O'REILLY on 25th February, 1851, to pay a bill in the National Bank, Carrickmacross, for 80£. which Mr. O'REILLY got discounted on his father's endorsement. Mr. WARD proved also that Mr. O'REILLY had received in cash and other value the sum of 237£. 4s.1d. through himself from the plaintiff in replevin since 1st Nov., 1850, out of which credit was given to Mr. O'REILLY for 191£., 3s. 6d. Mr. Benjamin ARMSTRONG -- Your worship -- the starting point from which Mr. WARD's rent should be calculated is from the 1st November, 1850. Barrister -- I conceive the starting point of your client, Mr. O'REILLY, should be for New South Wales (laughter). After hearing the case at considerable length, the jury found that Mr. O'REILLY was indebted to Mr. WARD (the plaintiff in replevin), after paying all rent due to him down to Nov. 1852, in the sum of 23£. 0s. 3d. The jury awarded 5£. damages. The court decreed that the bond in replevin be cancelled and that Mr. O'REILLY be decreed for 5£. in conformity with the verdict of the jury, and the barrister observed that if the damages were to have been decimated by himself, he would have pronounced a decree for 10£.. Mr. WARD produced receipts for the payment of poor rates, amounting to about 20£., independent of the credits already referred to, for which the court refused to allow him credit on the action then before it. ==================================================== County Cavan Newspaper Transcription Project