ANGLO CELT - April 7, 1853 - part 3 ---------------------------------------------------- CAVAN SPRING QUARTER SESSIONS. The sessions of this town commenced on Friday, the 1st instant, before P. M. MURPHY, Esq.., W.C., Assistant Barrister for this county. At ten o'clock his Worship took his seat on the bench, and afterwards was joined by the following magistrates: -- Robert ERSKINE, Esq., T. THOMPSON, Esq., Mr. PHILLIPS, Esq., Major BAYLEY, John BAKER, Esq., Robert BURROWES, Esq., J. A. NESBITT, Esq. The first business proceeded with was the hearing of the insolvent debtors. Harris PARR< an insolvent, was opposed by the guardians of the Bailieborough union for the sum of 75£. , being security for a collector named SMITH, who absconded to America. PARR was remanded till the first of May. John M'GAURAN, an insolvent, was opposed by Alderman ROONEY of Dublin. The insolvent paid Mr. ROONEY's demand. There being no other opposition the insolvent was discharged. Mr. BLAKELY discharged unopposed. James SODEN and Michael LEDDY discharged unopposed. The following gentlemen were then sworn on the grand jury : -- Thomas HARTLEY, Esq., foreman ; E. KENNEDY, Esq., P. FAY, Esq., W. M. BLACK, Esq., W. MOORE, Esq., A. KETTYLE, Esq., P. BRADY, Esq., J. REILLY, Esq., J. KILROY, Esq., H. PORTER, Esq., John MORROW, Esq., T. MALCOLMSON, Esq., N. PAGET, Esq. His worship then addressed them briefly as follows: -- Gentlemen of the grand jury, I am happy to inform you that there are very few bills to go before you, none of which require any remarks from me but one, and that is an alleged case of perjury that was committed before me on Wednesday last in Cootehill. If you are satisfied with the testimony of the witnesses that will go before you you will find a true bill. Gentlemen, I have no other remarks to make, so you may retire to your room, and the bills will be sent up to you. The court then proceeded to grant spirit licenses. There were 13 applications, out of which eight were granted, which are as follows: -- James CAFFREY of Arva, John CLARKE of Killeshandra, George DAIVERS?(DRIVERS?) of Kilcogy, Patrick GIBNEY of Killeshandra, Mathew GAFFNEY of Ballyjamesduff, Michael REILLY of Curlesmore, and Abigall SMITH of Cavan. The magistrates then proceeded to elect a baronial constable for the barony of Clonmahon. There were three candidates, Mr. James REILLY of Lacken, Mr. LOVE of Mountnugent, and Mr. BUCHANAN of Kilnaleek. Mr. BUCHANAN not being proposed the contest lay between Mr. REILLY and Mr. LOVE. Mr. REILLY was elected by a majority of one. His worship said he received an application from the magistrates to have the petty sessions of Cavan changed from once a week to once a fortnight, and also to have the day of holding the sessions changed from Friday to Monday. His worship granted the request. Robert Anderson, George Anderson, James Sheridan, John Morris, Bartholemew Morris, and James Jackson, were put forward, charged with having committed a riot in the town of Arva on the 25th of March last. James IRWIN sworn and examined by B. ARMSTRONG, Esq. -- Remembers the 25th of March last ; was in the town of Arva ; it was the fair day ; saw Robert ANDERSON at Mr. FINNEGAN's door ; heard some shouts ; hears some person shout to hell with the Pope, or no Pope ; cannot say which were the words ; it was about eight o'clock at night ; Robert ANDERSON was not leaning on my arm at the time to the best of my opinion. Sub-Inspector G. F. H. M'CLINTOCK, Esq., sworn and examined -- I am stationed in Arva ; I remember the evening of the riot ; I was on the street at the time ; I saw from 30 to 40 persons quarrelling ; some of them had sticks in their hands ; I saw John MORRIS with a very large stick raised over his head, as if going to make a blow at some person ; I do not say all the men were fighting ; the peace of the town was much disturbed ; I am sure were it not for the police being so convenient there would have been some of the party killed. Sub-Constable CUNNINGHAM sworn -- I remember the evening of the riot ; I was on the street at the time, but not on duty ; I met a person named SMITH ; he told me there was likely to be a fight down street ; I did not wish to go down to the crowd as I was in coloured clothes ; I sent down for some of the men ; I saw some persons ; the two MORRISONS were in the crowd ; I got a stick from head-constable HOPPER. Head-Constable HOPPER examined -- I was on patrole(sic) the night of the riot ; I saw the two MORRISONS in the fight ; John MORRISON had a large stick in his hand ; his brother had another stock ; it was a black thorn stick he had ; I believe it was a party fight ; Robert ANDERSON had hold of a man, but I did not see him fighting. Cross-examined by Mr. KNIPE -- Will not swear that Robert ANDERSON was fighting; he was not besting the man he had hold of. James IRWIN (the first witness) examined by Mr. B. ARMSTRONG -- I cannot say more than I said before ; I was in company that evening with Robert ANDERSON ; I did not hear him shout to hell with the Pope, or no Pope ; I heard Bartly MORRISON say, who dare say a word against the Pope ; I also heard him say, Robert, you got it here before, and you will get it again ; I suppose there were 20 persons in the fight. Cross-examined by Mr. KNIPE -- To the best of my knowledge it was Robert ANDERSON that shouted ; I was in a perfectly sober state ; I did drink some in the fair ; I cannot plumply(sic) swear that it was ANDERSON shouted. The court thought the witness was not giving a fair testimony, and ordered Mr. CAFFRAY to take down his evidence. The witness, after a long time, acknowledged that it was Robert ANDERSON shouted to hell with the Prope ! Court -- Was this matter settled between you? The witness said he did not know. Thomas MALCOLMSON sworn and examined by Mr. B. ARMSTRONG -- I remember the 25th of March last ; it was the fair day at Arva ; heard a party come down the street ; in a short time after I heard a scuffle ; I was standing at my master's gate ; Surgeon REYNOLDS is my master ; I heard shouts to hell with the Pope ; I do not know who it was that shouted ; I saw James JACKSON, George ANDERSON, Robert ANDERSON, James SHERIDAN, and John MORRISON amongst the party ; when they were going by I considered there would be a fight ; I went forward and told JACKSON to let the men pass ; he up with a stick and knocked off my hat ; George ANDERSON struck me with a stick also and cut my head ; I then gathered myself up as well as I could, and the first I knew was Mr. M'CLINTOCK ; I then went to my master to get my head dressed ; I saw no more of the fight. Mr. KNIPE to the witness - What did you say to JACKSON? Witness -- The only words I said to him were -- ah, James, don't strike ; ah, James,don't strike ! (laughter); he did not strike me until I spoke ; I did not think it was me they were going to beat ; I did not cry out for an Orangeman ; I never did so in my life ; I did not saw a word about a pitchfork ; I was by myself all day ; ANDERSON was facing home at the time ; I do not know where the other men live ; JACKSON passed the gate with the crowd ;I am certain of that ; did not see James SHERIDAN in the crowd ; cannot say what party he belongs to ; heard no person call out for the head of an Orangeman. Sub-Constable John M'CLINTOCK sworn and examined by Mr. B. ARMSTRONG -- Was on duty the night of the occurrence ;saw James SHERIDAN with a stick ; I caught the stick and took it from him ; am sure he would have struck some person with it were it not that I took it from him ; I believe it was a party fight. Cross-examined by Mr. J. ARMSTRONG -- I am sure SHERIDAN was engaged in the fight ; it was a stick he had in his hand ; am sure he would have struck some person with it were it not for it being taken from him ; he had the stick over his head. Constable R. STEWARD sworn -- I told the sub-inspector I heard noise down the street; we went down and saw a number of men fighting ; Barkel MORRISON was one of the party ; SHERIDAN does not live in my district ; knows nothing about him. James IRWIN was called and examined by Mr. KNIPE for the defence when he stated that JACKSON could not strike MALCOLMSON without his knowledge, and that he heard MALCOLMSON say that JACKSON got it there before, and that he would get it again. John DOGHERTY was examined by Mr. KNIPE -- He said he remembered the night of the occurrence and that it was not JACKSON knocked off MALCOLMSON's hat. To the Court -- It was a wicked fight while it lasted ; it continued for a couple of minutes ; I think there were 30 men on the street at the time ; I heard a man say, who dare say a word against the Pope ; it was on Good Friday the fight took place. Court -- That was the way they spent Good Friday fighting about the Pope (laughter). Thomas ELLIS, a lad about fourteen years of age, said he saw MALCOLMSON struck, but it was not JACKSON done it. Robert WILLIS examined by Mr. KNIPE -- I was going down the street with JACKSON ; did not see JACKSON strike MALCOLMSON ; I saw red Robert struck ; I saw none of the men in the dock in the crowd ; the crowd was going at a double quick step ; heard some person say that ANDERSON would get it again. Cross-examined by Mr. B. ARMSTRONG -- Will not swear that I took four glasses of whiskey that day ; was not blind drunk. As the witness was going down off the table, one of the jurors called him back, and asked him was that a cut he had concealed with the hair on his forehead? The witness said it was, and acknowledged that it was at the fight he got it. Mr. TISDAL, one of the jurors, was called upon to give the ANDERSONS a character. He stated that he never heard anything of them before, and, in fact, all the prisoners bore excellent characters. Mr. KNIPE -- Oh, Mr. TISDAL you have done more than I wanted you to do (laughter). The jury, without leaving the box, returned a verdict of not guilty generally. Court -- No riot -- no assault. Mr. B. ARMSTRONG applied to the Court to have the whole party bound over to keep the peace. The Court refused the application. The prisoners were then discharged. In the case of J. Nulty, a. Arthur Ellis, and Arthur Ellis a. J. Nulty, Mr. SWANZY said he appeared for John NULTY, and he applied to the court to have the case postponed until next sessions, as his client had brought an action against Mr. ELLIS which would be tried in the courts above at the next Term, as he (Mr. SWANZY) believed his client would not get justice before a Cavan jury, and that was his reason for bringing it to Dublin. Court -- I have no power to postpone the case. It all lies with the crown-solicitor. If he wishes to take the responsibility on himself he may do so. Mr. B. ARMSTRONG (crown prosecutor) -- I cannot see any reason for postponing the case. Mr. SWANZY -- The result of the trial when it came before the court at the last session is the cause of my client bringing the action. Mr. James ARMSTRONG -- Indeed it is not, Mr. SWANZY. Court -- I hope you do not censure me, Mr. SWANZY. Mr. SWANZY -- By no means, your worship ; quite the reverse. Court -- The case went before the grand jury, and they found a true bill for a common assault, and when tried before the petty jury they could not agree. Mr. SWANZY -- This is the reason I make the application to have the trial postponed, as I believe the opinion of the Cavan jurors is no kill, no murder. Such a monstrous proceeding I never heard tell of. Court -- Has the opposite side any objection to the postponement Mr. James ARMSTRONG, who appeared on the part of Mr. ELLIS, said they had no objection. The case was then postponed until next sessions. Terence CONNOLLY and Hugh NON?(NUN?)(NON?) were put forward, charged with having, on the 22n of February, at Belturbet, assaulted Mr. James SMITH, auctioneer of this town. Not guilty. Bridget SMITH was put forward, charged with having obtained goods under false pretences. The prisoner pleaded guilty. To be imprisoned for three months and kept to hard labour. Patrick PRIOR was found guilty of stealing a sharp knife from Mr. FARIS of Killeshandra, and was sentenced to one month's imprisonment and kept to hard labour. Philip LYNCH was put forward, charged with having a quantity of stolen goods in his possession. Guilty. To be imprisoned for six months and kept at hard labour. Daniel M'CULLAGH and Patrick SHERIDAN were put forward, charged with the larceny of goods, the property of Mr. PRUNTY of Ballyhaise - guilty. Court -- The sentence of this court is that both of you be imprisoned for three months and kept to hard labour, and to be whipped the first and last week of your imprisonment. One of the prisoners (M'CULLAGH) -- May God bless your worship! Judith MEAGHER was found guilty of stealing five ducks and one drake, the property of James M'CABE. To be imprisoned for four months and kept to hard labour. After the crown business was over the court proceeded to hear civil bills. ==================================================== County Cavan Newspaper Transcription Project ==================================================== County Cavan Newspaper Transcription Project