ANGLO-CELT OCTOBER 12, 1854 CAVAN PETTY SESSIONS--October 9, 1854 Magistrates present--Theophilus THOMPSON, J. A. NESBITT, John DOPPING, R.M., and Joseph STORY, Esqrs. SELLING WHISKEY AFTER HOURS Michael PURCELL v. Hugh CULLEN A charge for having his house, at Stradone, open at half-past twelve o'clock on the night of the 25th September, and persons drinking therein. Mr. CULLEN alleged that the persons found in the house were lodgers, bona fide. Thomas HOSEY proved that he was one of the persons drinking in Mr. CULLEN's on the night in question. He lodged there that night. To the Court--Had not taken his bed before the police came in. Mr. NESBITT--Then I propose that the full penalty, £2, be imposed in consequence of the defence set up. Mr. THOMPSON--It is not our general court to impose the full fine for the first offence. Head Constable MOORE--I think the last act fixes the penalty for the first offence at ten shillings. PURCELL asserted that CULLEN was fined two years and a half ago for the same offence. MR. M'CABE being appealed to, said that the fine was, for the first offence, 2l., the magistrates having a discretion to reduce it to one fourth. Sergeant BRENNAN said he had no complaint whatever to make against CULLEN's house. Mr. THOMPSON said, in the circumstances, he would impose a fine of one pound. DESECRATION OF THE SABBATH Sergeant BRENNAN v. Peter M'KEON A charge of dressing stacks of oats on Sunday last. Same v. Felix M'KEON A similar charge. Both were ordered to pay the cost of the summons and discharged. TRESPASS Henry HAUGHTON v. William SAUNDERSON A charge that defendant's calves were in plaintiff's grounds. Mr. HAMILTON appeared for the complainant. John DONEGAN, plaintiff's boy, proved the trespass, and that his master's fences were reasonably good. Defendant alleged that the mearing was not a good one. Court--That is no defence. You should serve plaintiff with a notice that his fences were bad, and if he does not mend them, then summon him. You are fined six pence and costs. Same v. John MOORE An application was made by defendant for postponement as he was ordered to keep away from the excitement of public meetings. Mr. HAMILTON--But he has one to manage his business and he should answer for him here. My client's top-dressed ground is trespassed upon by defendant's twelve cows and is he to have no redress for it? Same v. William Moore BLACK Mr. THOMPSON said he had a note from Mr. BLACK stating that he was ill of gout and could not attend. The Bench were unanimous in postponing the case. MR. HAMILTON--I think a medical certificate, and not a note to your worship, was the course for Mr. BLACK to take. Mr. THOMPSON--We have postponed the case. MR. HAMILTON--Of course I cannot help you, nor alter your decision. WAYLAY AND ASSAULT Patrick MULLIGAN and Hugh HILL v. Hugh CORKAN, Thomas FLOOD, Patrick M'NALLY, Thomas TIERNEY, and John SHERIDAN. A charge of waylay and assault. Hugh HILL sworn--Went with Pat MULLIGAN to SHERIDAN's house last Sunday three weeks. SHERIDAN lives in Cullentragh. On their return Hugh CORKAN went with witness discoursing him, so did SHERIDAN; they were looking behind them constantly when M'NALLY came up and knocked down witness and kicked him, so did FLOOD; witness got away, when TIERNEY came to him and struck at him, but witness got shooting by. SHERIDAN did nothing to witness but refused to assist him when he called on him. To Mr. NESBITT--Went to Mr. HUMPHRYS who ordered witness and MULLIGAN to summon; MULLIGAN has stagged since and does not appear. Mr. DOPPING--I think there is no charge against SHERIDAN, so we may bring him forward as a witness in the case. Mr. NESBITT--He is an accessory after the fact, by not assisting HILL when he called on him. Witness to Court--MULLIGAN was struck as well as he. To Mr. DOPPING--Witness' side was all black with the kicks he got. To Mr. THOMPSON--Can assign no cause for the outrage; never had any interference with the defendants. Hugh CORKAN, TIERNEY, and M'NALLY, were sentenced to six weeks imprisonment at hard labour, and SHERIDAN for one month, as an accessory after the fact. A warrant was ordered to issue against FLOOD who did not appear. ANOTHER WAYLAY Thomas MILLS v. Peter M'LENNAN Same v. Luke CAFFREY A charge of assaulting complainant who was gamekeeper to Mr. BURROWES of Stradone, on the 30th July last. Complainant had been prosecuting some men for killing rabbits in MR. BURROWES' demesne, when, as he was returning home, CAFFREY kicked and boxed him. M'LENNAN did nothing nor did witness ask him for assistance; asked CAFFREY why he struck him but got no answer; cannot say whether CAFFREY was sober, but he appeared to be so. To MR. DOPPING--Did not strike CAFFREY in return, witness's leg was black where CAFFREY struck him. To Sergeant BRENNAN--Witness had some groceries under his arm which spilled out on the road and CAFFREY tramped upon it but can- not say whether this was intentionally. Peter M'LENNAN sworn (the magistrates being decided that he was a competent witness as not being inculpated,) did not see CAFFREY strike complainant, but heard another boy telling him not to do so. Sergeant BRENNAN--CAFFREY acknowledged to myself, your worships, that he was guilty, but was hearty at the time. It was ruled that CAFFREY should be fined half a crown and costs, or in default, to be imprisoned for forty-eight hours. THE DISADVANTAGE OF GREEN CROPPING Peter CLARKE v. James LEE Same v. Pat RAHILL A charge of stealing complainant's turnips. How could he stand this? His landlord was obliging him to sow turnips and put guano upon his grounds, for that purpose, and the country was taking them away. Mr. HAMILTON who appeared for defendants, interrogated complainant and ascertained that they only took away two turnips on the occasion charged. The Bench ruled that the defendants should pay one shilling each, with costs. _____________________________________________________________ County Cavan Newspaper Transcription Project