ANGLO CELT - March 3, 1853 -- part 1 -------------------------------------------------------------------------------- SPRING ASSIZES, 1853 ---------- CAVAN ASSIZES. At twelve o'clock on Wednesday last, James STORY, Esq., entered the Record Court, and took his seat on the bench for the purpose of swearing in the Grand Jury. Samuel SWANZY, Esq., called over the list, and the following gentlemen answered to their names: -- Robert BURROWES, Esq., J.P., L.D., Stradone House, foreman, James HAMILTON, Esq., J.P., Castle Hamilton, Richard FOX, Esq., J.P., Aubawn, James Hamiltour(sic) STOREY, Esq., J.P., Lockington, John Edward VERNON., J.P., Ford Lodge; Perrott THORNTON, Esq., J.P., Greenville, Robert John CUMMING, Esq., Crover, Robert Smyth DICKSON, Esq., J.P., Drummully House Nathaniel John MONTGOMERY, Esq., Swanlinbar, James FAY, Esq., Cavan, Michael PHILLIPS, Esq., J.P., Glenview, John FINLAY, Esq., J.P., Brackley, Charles MORTIMER, Esq., J.P., Lakeview, Abraham BRUSH, Esq., J.P., Drumbar Lodge, John LITTON, Esq., Quivey, William TATLOW, Esq., Lismore, William Armitage MOORE, Esq., Aramore, (Arnmore?), John JOHNSTON, Esq., J.P., Swanlinbar, Edward M'INTOSH, Esq., J.P., Cootehill, John GUMLEY, Esq., J.P., Belturbet, Joseph LYNCH, Esq., J.P. Roebuck, Robert ERSKINE, Esq., J.P., Cavan, William SMITH, Esq., J.P., Drumheel. After the gentlemen were sworn, Edward Ellis MAYNE, Esq., said the sooner they would commence business the better, as they would have little time to spare as the judge was to be in at 2 o'clock on the next day. The first business entered upon was the passing of the county officers' salaries. Mr. MASTERSON of Curlismore said the cesspayers were not satisfied with the way the Cavan Jail was managed, that there was no satisfactory account given to them for the stones broken by the prisoners, and also for what was called donations to the prisoners. Theophilus THOMPSON, Esq., Local Inspector, said, as for the donations to the prisoners, it was a small sum given to some of the prisoners that were very useful -- such as weavers, carpenters, &c. -- and that they never got it until they were going out, and for the stones broken there was a large quantity on hands and for what were sold since the last assizes the accounts would be laid before them in the course of the day. Mr. Masterson -- Mr. Foreman and gentlemen, with regard to a remark made to me on yesterday, that I had a private pique to Mr. GALLOGLY, the governor, I wish to disabuse his mind of it, I declare most candidly, I owe the man no ill well whatever; it was for the mere gratification of the poor distressed cesspayers that I interfered at all. All of the Grand Jury said they were quite sure Mr. Masterson had no ill-will to Mr. Gallogly. J. H. Story, Esq., (one of the grand jurors) -- I think Mr. Masterson is quite right in looking after such affairs. Mr. W. Smith -- We went through Mr. Gallogly's accounts on yesterday and they gave general satisfaction. Mr. Masterson -- Oh, very well, Mr. Smith, that is a satisfaction. Foreman -- Mr. Masterson, the accounts of the gaol, and infirmary, and other matters, will be laid before a committee during the day, and if you wish you can attend. Mr. Masterson -- Thank you Mr. Foreman, I will do so, but as to the infirmary we do not complain, as the expenditure of that institution is printed and we can see them. Mr. William JOHNSTON's bill for the printing of the revision lists, which amounted to the sum of 124£ was opened. Mr. Masterson -- I think that is an extraordinary sum for printing and should be looked after. It is not the poor cesspayers that should pay the bill, it is the two county members. Mr. Mayne -- the third candidate should pay his part also (laughter). Mr. Masterson -- Had he been returned he might have no objection. Several of the grand jury said they thought the bill very high. Mr. Johnston -- It could not be done less, I have to send a great part of it to Dublin to have it done, as the time given is so short. The bill was ordered to go before a committee. The next bill handed in to the foreman was from the proprietor of the Anglo-Celt, which amounted to 22£. 11s. 4d, for advertisements published in his journal for county purposes for the last half-year. Mr. W. A. Moore -- Who ordered these advertisements. Mr. Mayne -- Each officer connected with the county. Mr. W. Smith -- What is the necessity of publishing the notice of spirit licenses. Is it not enough to have them printed in placards? Is not each magistrate on the bench supplied with one of those lists. Foreman -- Will the county have to pay for the election advertisements also. Mr. Vernon -- Mr. WINTER, our last high sheriff should pay for them (laughter). Mr. W. Smith (in a whisper across the table to Mr. Caffrey) -- Let the notices of spirit licences be published no more. The bill was ordered to go before a committee, and having been found correct was passed, and a resolution inserted on the books not to have any more advertisements published in the Anglo-Celt unless those they were compelled to insert by act of parliament ! ! ! At this stage of the proceedings, T. TURNER, Esq., the county engineer, came into court and tendered his resignation to the Foreman, and recommended his deputy as a very fit and proper person for the situation, and hoped Mr. GAHAN would be appointed in his stead. Mr. Turner said, his reason for resigning was that he could not reside in Cavan, in consequence of having other business to attend to. The Grand Jury accepted Mr. Turner's resignation and eulogised Mr. Gahan in the highest possible manner, and said they would memorial the Lord Lieutenant to appoint him county engineer. The Grand Jury proceeded to pass road presentments. Amongst the presentments was one by Andrew MOFFIT of Turebrook for widening a portion of the road from Blacklion to Sligo in the townland of Carrickaboyan. It appeared that this part of the road for 40 years past has been confined to its present width, from 10 to 20 feet. Mr. James BRACKEN, a cesspayer and receiver over the property, opposed the presentment on the grounds that there was no such townland as Carrickaboyan, nor place as Turebrook although there was a locality called Ture, and that the affair was a job, the road being already plenty wide for the traffic thereon. Mrs. BRACKEN stated also that 4£. would be quite sufficient for the worth, if done, instead of 26£., the sum presented ; and referred the grand jury, for proof of what he said, to their own. The grand jury, however, took MOFFIT's map in preference. Mr. JOHNSTON, J.P., said he understood Bracken's reason for opposing the road arose from a hostile feeling to Moffit ; this Mr. Bracken denied, saying he! entertained no hostile feeling whatever to Mr. Moffit. The grand Jury then passed the presentment for the full sum, namely 20£. THURSDAY, FEB. 24. At a quarter past three o'clock, the hon. Barron(SIC) PENNEFATHER entered the Crown court and took his seat on the bench. The commission was then read by the Clerk of the Crown. (Samuel SWANZY, Esq.,) and the grand jury having been re-sworn. His lordship addressed them as follows: -- Mr. Foreman and gentlemen of the Grand Jury, on looking over the calendar I am happy to find that the county is in such a tranquil state, the offences entered therein are only of the ordinary description. There were, however, two cases of murder entered on the list ; in one of these cases there was a finding to that effect by a coroner's jury, but when investigated by you, you might be of opinion that the case only amounted to manslaughter, however, I am satisfied, that you will give those cases all the consideration their importance require. You may now gentlemen, retire to your room, and the clerk of the crown will send up the bills of indictment. The Grand Jury shortly after returned into court with some true bills, and after some prisoners were arraigned at the bar, the court adjourned. CROWN COURT FRIDAY MORNING. His Lordship took his seat on the bench this morning shortly after ten o'clock, when the following jury were sworn : -- Hugh BRADY (foreman), William BROWN, James Moore BLACK, John DOBSON, John FARRELLY, Ralph FOSSTER(sic), Alexander HAMILTON, Thos. GELLOOTY, James KELLET, James KELLY, Christopher MORRISON, and Peter M'GAURAN, Esqrs. Philip CASSIDY and Maurice CASSIDY were put forward on trial for an assault and attempt to rob Patrick MURPHY and John MURPHY, at Mulladuff, on the 3rd of December last. Patrick MURPHY sworn and examined by Mr. SMYLEY, Q.C. -- Was in the fair of Ballyconnell on the 3rd December last; sold two pigs in the fair ; had not the money home with him ; laid it out in the fair ; saw Maurice CASSIDY in the fair ; left the fair about 7 o'clock with his son, John MURPHY; knows a place called Mulladuff, it is in the county Cavan ; we were coming home and heard some noise on the road ; shortly after I got a drive, I then looked round and saw Maurice CASSIDY ; I was then tossed into the ditch ; my clothes were town upon ; does not know who did it ; thinks my pockets were searched ; I had nothing to lose ; is not certain was my pockets searched ; had laid out all my money in the fair. Prisoner -- Murphy upon your oath did Maurice Cassidy do anything to you. Witness - I cannot say. I never heard anything to be left to either of your charges before, and I think it was whiskey was the cause of this. John Cassidy sworn and examined by Mr. HENDERSON -- I recollect to be in the fair of Ballyconnell on the 3rd of December last ; I left the fair with my father ; that evening saw the Cassidys on the road ; Phillip Cassidy knocked my father down. The court suggested to the jury that from the evidence they could only find the prisoners guilty of a common assault, and on reflection he thought it was better to acquit Maurice Cassidy altogether. The jury found Philip Cassidy guilty of a common assault. His lordship ordered Maurice Cassidy to be discharged, and Philip Cassidy to be imprisoned six calendar months. James Clarke was put forward charged with having written a threatening letter to Samuel CONNOR for the sum of 3s. 9d. which he, the prisoner, said it was due to him. Samuel CONNOR sworn and examined by Mr. SMYLEY -- The prisoner was my servant for six months, he left me in November last ; there was a dispute between us about 3s. 9d. ; we were before the magistrates, and after the trial was over, the prisoner flourished a black-thorn stick over my head ; I got letter through the Ardlogher post-office, (letter produced and read by the clerk of the crown) which is as follows: -- "DEAR SIR, -- Take notice, I now take the liberty of informing you that I am under the necessity of visiting you in a cimilar(sic) circumstance that I am lately acquainted of, concerning the wages that is disputed betwixt you and James CLARKE, which is only 3s. 9d., which I wonder a man of your concience(sic) would be guilty of and if put me to the trouble of visiting you, you may have your coffin prepaired(sic) and in it, or if you don't I will put you in it, pistol and ball, so if you wish to avoid such trouble pay said James Clarke his wages. It is the truth to you I tell. "I will blow out your brains and send you down to hell to keep company with your grand master hell. It is there he will welcome you, and all the dammed(sic) orange crow. "No more at present, but remains your only antagonest(sic) "CAPTAIN FAIR NOT. "I have this grand authority from the right honourable Mrs. Maguire. "I am the only one by right that will put your life and soul to hell a flight. Endorsed, "To Mr. Samuel Connor of Clinkent, County of Cavan, Ardlogher, care of Mr. Joseph DENHAM of Macen." Examination continued -- I know the handwriting to be that of the prisoner's ; in the letter there is the shape of a coffin, it is coloured red ; there is the same colouring in a copybook found in the prisoner's box. Mary MONTGOMERY sworn and examined by Mr. HENDERSON -- Knows the prisoner ; he lived with me up to Holantide ; does not recollect when he was made a prisoner of ; before he left me I saw a letter in his hand holding it to the fire ; observed there was on empty space on it, and I now observe a coffin and pistols in that space on the letter. Prisoner -- Was not I working on the hill with your son, and how could I get time to write letters/ Witness -- Oh, Jemmy, you could write when you liked. Constable FARMER examined by Mr. SMYLEY -- Recollects going to Mr. Montgomery's house ; saw the prisoner there ; he opened his box for me ; I found a copybook in it ; I examined and found paint on it ; the paint on the letter was the same as that on the copybook. Thomas COURTNEY examined by Mr. HENDERSON -- I am schoolmaster of the Cavan jaol(sic) ; am acquainted with the handwriting of the prisoner ; became acquainted with his handwriting in the gaol(sic). The prisoner was undefended, and when asked had he anything to say for himself, he said he never wrote the letter, that it was some person that owed him a spite that done it. The Jury found the prisoner guilty. James Collins was put forward charged with having, on the 28th of June, 1852, at Bailieborough, killed and slain Patrick REILLY. Peter HOY examined by Mr. Smyley -- Lives in Bailieborough ; saw Patrick REILLY in town that night ; he appeared to have taken some drunk ; he was a little hearty ; two men came up to him ; the prisoner is one of them ; the other man is away ; they asked him for a treat, and he (deceased) refused ; they threatened to take the life of deceased ; I went home and went to bed ; in about half an hour heard a man was killed ; it was Patrick Reilly that was killed. Catherine OWEN examined by Mr. Henderson -- Lives in Bailieborough ; was in the street the night deceased lost his life ; I saw him about nine or ten o'clock that night walk down the street ; I heard people coming after him, and looked round and saw five men ; they were all in a knot ; saw them knock the deceased down and kick him ; I cried out, are you going to murder the man ; deceased crept up as far as Mr. WILLIAMSON's ; they knocked him down again and kicked him all about the head ; I called out but could see no person ; I then saw a man named CAMPBELL ; I called upon him to go and save the deceased, but he would not ; I cried out for the police ; they then ran away ; Mr. BAILEY, the sub-inspector, came up after ; I knew some of the party ; I saw Reilly with a man named M'CANN. Henry CAMPBELL sworn and examined -- Knows Margaret Owens ; saw James COLLINS strike the deceased ; saw five or six men about him ; saw deceased knocked down when I was five or six yards from Mrs. Owens's ; they were all quarrelling ; Mr. Owens called upon me, but I was afraid to go near them. To the prisoner -- My reason for saying I knew nothing about the matter was, because I was not sworn, and did not like trouble. John REILLY sworn and examined by Mr. Henderson -- Heard their(sic) was a fight ; went out in the street ; saw Patt CARROLAN knocking deceased down, and saw the prisoner Collins striking him also ; assisted to raise deceased up ; he was snoring at the time ; Mr. KING told me to leave down the man, and found that his breathing was very weak ; I helped Captain Bailey and the policemen with deceased to the barracks ; he was then dead. Peter M'CAAN(sic) examined -- Recollects the 29th of June last ; lives in Bailieborough ; ran out of the house and saw James Collins, Mathew M'Cabe, and others beating the deceased ; saw Collins boxing him ; knew the prisoner before, but did not know deceased. To a juror (Mr. J. KELLY) -- It was about nine or ten o'clock ; all the shops were not closed. James S. BAILEY, Sub-Inspector, sworn and examined -- I am stationed in Bailieborough ; recollects the night of the occurrence ; I was not at the barracks at the time deceased was beat ; when I heard of the occurrence, I brought out a party of the men under me ; it was about a quarter to 11 o'clock at the time ; the prisoner was on the street when I went down, he looked suspicious, I took him into custody and brought him to the barracks ; I met Dr. MOORE and he came with me to the barracks also ; I made a search for CARROLL, but could not get him. Mark MOORE, Esq., M.D., sworn and examined by Mr. SMYLEY -- I was in the barracks when deceased came in ; there were marks over and under the right ear. I made a post mortem examination ; there was a large extravasation(sic) of blood, on the brain, which caused his death ; a kick would cause the extravasation. The case for the crown closed. The prisoner called upon Mr. Thomas CHAMBERS of Bailieborough for a character. Mr. CHAMBERS said he knew the prisoner for the last six or seven years, and had him in his own employment for some time and never knew anything bad of him before. Mr. John FARRELLY (a juror) who knew the prisoner also gave him a good character. The judge charged the jury, and stated that the prisoner was only indicted for manslaughter, the grand jury having ignored the indictment which charged him with murder. The jury after a short deliberation brought in a verdict of guilty of manslaughter. All the other cases being of no interest, we give the rule of court, which is as follows: -- James Collins -- Charged with the murder of Patrick Reilly. Guilty of manslaughter -- transported ten years. Denis Farrelly, Phillip McCormick, and Thomas Gearty -- Charged with having caused the death of Terence Farrell. No bill. Margaret Cooke -- Charged as an idle and disorderly person, having no settled place of residence. Not guilty - discharged. Bridget M'Cabe, and Catherine Briody -- Charged as idle and disorderly persons, having no settled place of residence. Not guilty -- discharged. Hugh Brennon (Brennen?) -- Charged with having in his possession a Mare that was stolen from James Carten(Carton?) -- Submitted -- Transported for ten years. Phillip Cassidy -- Charged with waylaying Patrick and John Murphy on the evening of the 3rd Dec., and assaulted and knocked them down. Jane Moore - Charged with stealing a quantity of Cotton and other articles from the shop of William ELLIOTT, of Arva. Transported for ten years. William King -- Charged with eloping from the Cavan Workhouse with a suit of clothes, the property of the Guardians. Guilty. James Murphy -- Charged with stealing a coat, the property of Thomas James MULVANY of Belturbet. Not guilty - discharged. Philip Smith -- Charged with robbing Owen M'DANIEL on the high road, of a purse containing three pounds sixteen shillings and sixpence. No bill. Mary Shinan -- Charged with having in his possession three shirts, knowing them to be stolen. No prosecution. James Lee -- Charged with having in his possession two shirts which were stolen. Guilty - Transportation for seven years. John Stewart -- Charged with stealing a suit of clothes, the property of the Guardians of the Cootehill Union. Submitted -- Confined, six months, hard labour. Bridget O'Brien -- Charged with stealing a suit of clothes, the property of the guardians of the Cootehill Union. Submitted -- Confined six months, hard labour. Mary Delap -- Charged with having in her possession two geese that were stolen. Guilty --- Confined, three months. James Clarke -- Charged with having written a threatening letter to Samuel CONNOR. Guilty -- Confined, 18 months' hard labour. James Connelly -- Charged with stealing a quantity of linen yarn. Guilty -- Confined six months. Mary Dolan -- Charged with stealing from Owen M'MURRAY the sum of seven pounds sterling. Guilty - Confined six months. Maurice Cassidy -- Charged with waylaying and attempting to rob Patrick MURPHY and John MURPHY. Not guilty - Discharged. Bernard Connelly -- Charged with stealing four (?) head of cattle from Mrs. Margaret HOWE. Guilty-- Confined 18 months. Philip Fitzpatrick -- Charged with stealing a suit of clothes from Cavan Workshouse. Guilty. (transcriber's note: this is part of of the March 3, 1853 Anglo-Celt. Second part will follow.) ==================================================== County Cavan Newspaper Transcription Project