The Witness - Friday, 3 July, 1874
BOOMER--June 29, at Ashantee Cottage, Friar's Bush Road, Belfast, the wife of Mr. Geo. Boomer, of a daughter.
DARRAGH--June 26, at 39, Lagan Village, Belfast, the wife of John Darragh, of a son.
IRWIN--June 28, at Maine Terrace, Randalstown, the wife of James Irwin, Esq., of a son.
KITSON--June 17, at Winkfield, Windsor, the wife of Major Kitson, of a son.
MONTGOMERY--July 1st, at 34, Botanic Avenue, the wife of Alex. Montgomery of a daughter.
M'MURTRY--July 1, at 106, Crumlin Place, the wife of W. J. M'Murtry, of a daughter.
WHAN--June 26, at Springdale Cottage, the wife of Benjamin Whan, of a son.
BODEL--LEGATE--July 2, at the Imperial Hotel, by special licence, by the Rev. J. D. Martin, uncle of the bride, assisted by her brothers, Rev. E. M. Legate, Ballyclare, and Rev. G. W. Legate, Dungannon, James Bodel, Esq., Katesbridge, to
Helena, third daughter of Rev. G. Legate, Edengreen, Kilkinamurry, Co. Down.
GREER--STAPLES--June 30, in the Presbyterian Church, Claggan, by the Rev. Henry M'Caw, Frederick, son of the late Thomas Greer, Esq., J.P., Tullylagan, Co. Tyrone, to Cecilia, daughter of Sir Nathanael Alexander Staples, Bart., Lissan, Cookstown..
LEE--SIMPSON--July 1, at Tynan Church, by the Ven. the Archdeacon of Armagh, the Rev. Wm. Hill Lee, A.M., Vicar of Toncester, Northamptonshire, to Isabella, Buchanan, eldest daughter of the late Hugh Simpson, Esq., Millview Aughnacloy, Co. Tyrone.
JOHNSTON--HELTON--July 1, in the Second Presbyterian Church, Ballymena, by the Rev. David M'Meekin, James Johnston, son of Samuel Johnston, Esq, to Elizabeth, eldest daughter of John Helton, Esq., Portglenone.
BAINE--June 29, at the Belfast General Hospital, James Baine, aged 24 years.
BELL--June 27, at his residence, Thornhill, Knock, Co. Down, William Langtry Bell.
BLAIR--June 13, at 435, Grand Street, New York, John Blair, aged 60 years, a native of Carrickfergus.
CRAWFORD--June 30, at Chlorine House, Belfast, Anne, youngest daughter of the late Alexander Crawford, Esq.
DONALDSON--June 29, at Derrybeg, near Newry, Ellen, wife of John Donaldson.
GRAHAM--June 28,. at Ardoyne, Belfast, John Graham, formerly, of Lisburn.
M'COMBE--June 29, at 4, Castlereagh Avenue, Mountpottinger, Belfast, David, infant son of Mr. David M'Combe.
ORR--June 28, at Comber, Agnes, relict of the late Rev. Alexander Orr, of Ballyhemlin, aged 76 years.
PIRRIE--June 26, at Ardmore Terrace, Holywood, Co. Down, Letitia, daughter of the late Wm. Pirrie, Esq., Liverpool.
SIMPSON--June 23, ;it Balmoral, Belfast, Samuel D. Simpson, only son of the late B. R. Simpson, Belfast.
SURPLUS--June 28, at 38, Little Victoria Street, Belfast, James Surplus, aged 75 years.
THE SHOOTING CASE AT CRAWFORDSBURN
AT the Bangor Petty Sessions on Wednesday, J. E. Bradley was charged with having, on the 24th June, at Crawfordsburn, fired a pistol at David Morrow, causing a wound on his ear. Mr. M'Lean prosecuted, and Mr. Gibson appeared for the defence. Mr. M'Lean applied that the case be sent forward to the Assizes; Mr. Gibson reserved his defence. After evidence had been adduced, the case was sent to the Assizes for trial. The magistrates present were:--Major Crawford, D.L.; J. M. Higginson, J.P.: and Foster Connor. J.P.
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ON Thursday a lad named James M'Intyre, aged sixteen, was drowned in the Forth near Stirling, while trying to rescue his younger brother, John. They were bathing, when John was heard to cry for help. James plunged in to his rescue, but was dragged down by the drowning lad. A passer by went into the water to save them, and succeeded in getting John safe ashore, but James was swept away
by the current and drowned.
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ON Thursday a man named William Cameron, while engaged in a pit at a colliery near Dunfermline, was struck by a lump of "blae" which fell from the roof, and so seriously injured him that he is not expected to recover. He is about 20 years of age, and unmarried.
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A FORTUNATE DEBTOR.--A London correspondent writes :--I have heard of a singular case which illustrates some of the weak points in the present bankruptcy laws. A noble debtor whose unsecured liabilities amounted to £96,000 has compromised for that large amount by the payment of £5,000.
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AT Perth, on Thursday, Sheriff Barclay sent Donald Robertson, 13 years of age, residing at Pittagowan, Blair-Athole, 60 days to prison for having thrown a large stone at a train passing on the Highland Railway. The stone struck the engine, and then rebounding, hit the fireman a severe blow on the leg.
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ABOUT midnight on Wednesday a shanker named Patrick Rodger was accidentally killed at No. 1 sinking pit, Springhill, Baillieston, belonging to Messrs. Petticrew & Spencer, by the bucket loaded with earth and stones, the winding-rope of which had snapped, falling on his head.
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BREACH OF PROMISE CASE.
LESLIE v. BARR.
THIS was an action of breach of promise of marriage. The plaintiff resides near Coleraine, and the defendant is a medical practitioner in the town.
Mr. IRVINE, on behalf of the plaintiff, applied for liberty to reply to the defences. In March, 1873, the action had been commenced, but was not proceeded with owing to efforts that were made for a settlement. One of the defences
was that the defendant had been released from his promise by deed. To this it was now sought to reply that the deed had been merely handed to another person as an escrot, to held until approved of by the plaintiff and her family, but that their approval was never given. It was also sought to take issue on
another of the defences, that the plaintiff was not willing to carry out the contract.
Mr. Holmes, for the defendant, did not oppose the motion.
Mr. Baron FITZGERALD granted the motion on condition that the plaintiff undertook to pay all the costs incurred, the issues having been already settled.
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ACTION FOR BREACH OF PROMISE AGAINST A LADY.
IN the Court of Common Pleas, London, on yesterday and Thursday, Lord Coleridge was engaged in hearing the trial of an action brought by a Birmingham hardware merchant named Prust against a Miss Godden, daughter of a gentleman residing at South Norwood, to recover damages for alleged breach of promise to marry him. When the parties first became acquainted the plaintiff was a commercial traveller, and the defendant's father was living in Devonshire, but the latter subsequently removed to South Norwood, where he maintained an expensive establishment. Thereupon the plaintiff, observing her change of fortune, offered to release the defendant from her engagement, but she seems not to have accepted
this offer. The jury found a verdict tor the plaintiff--damages 1/4d.
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NEW PROTECTION FOR LADIES.
A STORY from Portland, Maine, seems to show that a young woman of personal attractions may not be altogether without protection, even when taking a long walk in a lonely part of the country late in the evening. A young woman, carrying a large bundle, lately missed the last ferry boat, and determined, nothing daunted, to take a long walk round by Portland Bridge. Of course, she met the inevitable young man, and of course, he saluted her and asked permission to escort her home. Her reply may be commended to all young women in similar circumstances. "Sir," said she, "I would not advise you to come near me, unless you have had the small-pox. I am allowed out only in the evening, and am carrying a bundle of soiled linen from a patient." The young man had not time to be polite. He merely ejaculated, "Oh Lord!" and, according to the local newspaper, nothing more was seen of him save and except his coat tails rapidly vanishing from sight in the gloom of the evening, and apparently moving in the direction of Portland Bridge.--Standard.
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BELFAST POLICE COURT.
[Before J. C. O'DONNELL, Esq., R.M.; and J. HAMILL, Esq., J.P.]
REFUSING TO PROCEED TO SEA.
A sailor named James Graham was charged at the instance of Mr. Wm. Hynd with having refused to proceed to sea in the schooner Thomas Connolly. Mr. M'Lean, jun., prosecuted. James Kelly stated that he is in the office of Mr. Hynd, who is the owner of the vessel. He witnessed the prisoner sign articles to proceed on a voyage to Maryport and back. The prisoner left the vessel as it was about to start on its second voyage, and thereby caused it to be detained some time longer. The prisoner alleged that the articles limited him to one voyage. Mr. M'Lean--But you entered on the second voyage. Prisoner denied that he did; he only assisted the captain till he got another hand. The prisoner was discharged.
[Before CHAS. DUFFIN. Esq., J.P.. and J. C. O'DONNELL, Esq., P.M.]
THE MISSING LINK.
A MAN of diminutive stature, named John Ryan, whose features were totally covered with hair, and who had a striking resemblance to the ape species--possibly Professor Darwin would regard him as a discovery--was put forward to answer a charge of drunkeness. On the way to the Police Office he gave unmistakable proof of his having attained the highest rank of animal by declaring that he was "the best man in Ballymacarrett." Hitherto the arresting constable might have been excused if he doubted whether his charge was not one of the lower animals dressed in man's attire; but his power of speech would of course place that matter beyond all doubt, and assure the officer of the law that he had a real specimen of the genus homo in his possession, though, his conduct was certainly not calculated to produce the impression that he was the "best man in Ballymacarrett." The prisoner was fined 5s and costs.
Two carters, named Adam Ward and Henry Murray, appeared in the dock to answer
charges of having been drunk in charge of a horse and cart each; having refused to leave the public-house of a Mr. M'Kibbin, when ordered to do so, and assaulted the publican's assistant. Fined 20s and costs each for the first offence and 10s each compensation in the assault case, with the alternative of one month's imprisonment.
A SHOCKING OFFENCE.
A middle-aged woman, named M'Cann, was put forward in custody, of Sub-Constable Shenahan, who charged her with having been drunk and disorderly in the Donegall Street Roman Catholic Chapel the previous evening. She resisted his efforts to remove her, and was very disorderly. He did not believe she went to the place for the purpose of disturbing the congregation, but "to pray." Mr.
Duffin said it was as well the woman did not go to chapel to disturb the congregation ; for if she had, he would have sent her to jail three months. She was to pay a fine of 10s and costs; or, in default, undergo seven days' imprisonment.
A DEALER IN OTHER PEOPLE'S PROPERTY.
A young man named Charles Doran was charged by a publican in Divis Street, named
Walls, with having entered his shop while temporarily absent in the kitchen, and attempted to steal money out of the till. The complainant on hearing a noise in the shop ran in thither, and got the prisoner lying across the counter with his hand in the till. When a constable was brought to arrest him he spat in his face. Mr. O'Donnell--Are yon guilty or not ? Prisoner--Very likely I am. I don't know anything about it. Mr. O'Donnell--The evidence is conclusive. What do you work at ? Prisoner--I work at anything I can get. Mr. 0'Donnell--I suspect you deal in other people's property. The prisoner was sentenced to three calendar months' imprisonment.
A man named James O'Neill, against whom there were eight previous convictions, was charged with having been drunk and disorderly in Smithfield market, and, when lying in one of the police cells, assaulted a fellow prisoner in a shocking manner by striking him a severe blow on the eye, which drew forth a large quantity of blood, and rendered him insensible. Fined in one case 20s and costs, or in default sentenced to 14 days imprisonment; for the assault he was sent a month to jail.
[Before J. C. O'DONNELL, Esq., E.M.]
INCREASED IMPORTATION OF DISEASED MEAT.
IT transpired from a case brought before the Court to-day, that the importation of diseased meat into town has increased to such an extent that it has now become a regular practice. Owing to the meat being sent by rail in hampers and boxes, detection is-well-nigh impossible. Mr. Coulter stated that in London traders in bad meat were being sent to prison by the magistrates, without the option of a fine, and he thought that should be done here. Mr. O'Donnell said if a law was pointed out to him enabling him to imprison such offenders, he would administer it. London had laws peculiar to that great city. He (his worship) saw plainly that in a prosperous town like Belfast, a £60 fine was utterly inadequate to repress this injurious traffic. In the particular case under the attention of the Court to-day, a carcase of meat was found at the Ulster railway Station on Saturday by a market juror, named Kirkpatrick, who had not yet found the owner. According to the evidence of this witness, Lurgan was one of the worst places that imported diseased meat into Belfast. James Ferguson, another market juror, had seen this carcase, and gave it as his opinion that it was unfit for human food. It was a confirmed practice going on over all Ulster to send diseased meat into Belfast. Mr. O'Donnell, after having consulted one of the "Justices of the Peace" lying before him said he found from the Summary Jurisdiction Act, chapter 92, that he could imprison offenders of this description for any term not exceeding a month.
THE RIGHTS OF WOMEN.
A middle-aged woman, named Elizabeth Lowery, who had been three times previously before the Court, was put forward by Sub-Constable Armstrong, who deposed that on Saturday evening he found her drunk in Durham Street; and, when he requested her to go home, she called him "an impudent pup." (Laughter.) Mr. O'Donnell--She was exercising the rights of women. (Laughter.) The prisoner promised to go to the Workhouse, and was discharged.
A MILITIAMAN CURSING HIS SOVEREIGN.
A private in the Antrim Rifles, named Edward Ritchie, was charged with having been drunk and disorderly in Peter's Hill. on Saturday night. On the way to the Police Office he cursed the Queen, and shouted that he was anxious to return to Captain Keogh, whose acquaintance he had previously gained. Mr.O'Donnell observed that any man who would curse his Sovereign was not worthy to serve in any of her Majesty's forces. The prisoner was to find bail for his good behaviour for the next twelve months--himself in £20, and two sureties in £10 each; or, in default, he is to undergo three months' imprisonment. The case is to be reported to the military authorities.
CASE OF STONE-THROWING.
James Eitchie and William Moore were put forward on remand, charged, the former with having assaulted Sub-Constable Connor, and the latter with having been a member of a stone-throwing party in Verner Street on Sunday-week. Head Constable Gamble applied for a remand, as the assaulted party had not yet been able to leave the office. Mr. O'Donnell--how many people were in the stone-throwing party? Head Constable Gamble--there were over 100. Mr. O'Donnell remanded
the case for a week.
RIOT CASE.--THE IDENTIFICATION OF ACCUSED PARTIES.
During the hearing of a case,
Mr. M'ERLEAN rose and said--I beg your worship's pardon for interrupting you, but a matter has come to my knowledge, which I must bring before you. I am defending a boy on a charge of riot, and I understand that Constable Baile, who has charge of the case, is at present in the Summons Court with the witnesses identifying my client. This conduct is most unfair to me.
Constable Baile was then called before his worship, who stated Mr. M'Erlean's complaint to him, and asked him if it was true?
Constable Baile admitted it was.
His WORSHIP instructed the constable to discontinue this conduct. If he wished prisoners identified it must be done before the magistrates and the solicitor for the accused.
The case will be brought forward in the course of the evening.
CONCEALED WITH INTENT.
Four boys, named John M'Lean, John Moffat, William John Carruthers, and William John Jelly, were charged with having been concealed with intent to steal in the garden of Mr. Samuel Symmington, Tennent Street, and were each sent a month to jail.
[Before PHILIP JOHNSTON, Esq., J.P.]
A CONFIRMED WIFE-BEATER.
A MIDDLE-AGED man named John Murray was charged by his wife, Margaret Murray, who appeared with her head bandaged, with having assaulted her in their house at 12, Bow Street, yesterday, by striking her on the forehead with a teapot. The prosecution stated that her husband had beaten her regularly for the last fourteen years. The prisoner said his wife beat him first. The case was remanded for a week.
ROW AT THE ULSTER RAILWAY STATION.
A man named Samuel Crawford was put forward in custody of Sub-Constable James Crawford, charged with having committed various assaults at the Ulster Railway Station the previous evening. It appeared from the evidence that about nine o'clock last night, a crowd of nearly 2,000 people had assembled outside the station, awaiting the arrival of an excursion party. A serious disturbance arose by some one in the crowd waving a stick about him, and beating parties who came in his way. An old woman named Mary Aimes stated that she got a blow on the eye. She was so excited at the time that she could not identify the person who struck her. A mill-girl named Sarah Gordon deposed that as she was at the Ulster station last night, the prisoner gave her a severe blow on the shoulder with a stick. Catherine M'Erea also swore that the prisoner struck her with a stick. According to the evidence of the constable there was a considerable row among the crowd, caused by a lot of boys and girls pulling each other about and fighting. He saw a boy run through the crowd with a large stick. The
girl M'Erea was bleeding, and he took her to the office. He also took the prisoner into custody on her charge. On the way thereto numbers of the crowd followed shouting that the prisoner was the man, and that "that was the way the riots got up." There being considerable doubt as to the identification, of the prisoner, he was discharged.
A STONE-THROWING CROWD.
A young boy named Edmund Lewis, was put forward in custody of Constable Sullivan, charged with having been a member of a stone-throwing mob in College Square last night. A young girl named Eliza Downey was at the corner of Wellington Street yesterday evening. About two dozen young boys and girls commenced stone-throwing. The prisoner was one of them. Dr. Moore's young son was struck on the head with a stone. Margaret M'Cartney also identified the prisoner as having been in the crowd. This was stoutly denied by the prisoner, who was ordered to stand aside.
"THE ONE THING."
A drunken-looking woman, named Ann Mason, was brought forward to answer a charge of having been drunk the previous evening. On the way to the office she kept shouting for "the one thing," and stated that she would curse neither Protestants nor Papists. Mr. Coulter--What do you mean by "the one thing ?" (Laughter.) Prisoner--I know nothing about it; I was drunk. Fined
5s and costs.
A POPULAR NUISANCE.
An infirm woman, of the name of Sarah Goodwin, was charged with having been disorderly outside the Imperial Hotel last night, and attracted a large crowd about her. Mr. Coulter said the woman was a notorious nuisance. Fined 40s and costs, with the alternative of one month's imprisonment.
ASSAULT IN A SHEBEEN.
A man, who gave his name as John Brown, charged a man named Patrick M'Caughey
with having struck him on the eye with a lemonade bottle in a house, alleged to be a shebeen, in Green Street. The parties were drinking together when the assault took place. The complainant, in cross-examination by Mr. Harper, who appeared for the defence, admitted that the last time he appeared in that Court he stood in the dock. Mr. Harper--What were you here for ? Witness--For going down the street with some iron on my back. (Laughter.) Mr. Harper--Oh, that is nothing--that is honest industry. (Laughter) What did the magistrates do? Witness--They dismissed the case. Mr. Harper--And you did not go up to Captain Keogh's nice airy place ? Witness--The case was remanded. Mr. Harper--How long is it since you got out of jail ? Witness--I don't recollect. The case was adjourned.
A RETURNED CONVICT.
A man named James Harper was charged by Sub-Constable Cochrane with having failed to report himself to the police, he being a convict out on license. The prisoner being unable to give a satisfactory account of himself, his license was forfeited, and he was sent back to penal servitude to complete his time.
[Before E. ORME, Esq., R.M., and Dr. MURNEY, J.P.]
LARCENY OF FLOWERS.
AN old woman named Susanna Dogherty was sent to jail for a month for having stolen a quantity of flowers from the garden of the Rev. Isaac Deacon. Antrim Road.
ASSAULTING A HEAD-CONSTABLE.
A middle-aged woman named Jane Lavery was sentenced to two months' imprisonment for having assaulted Head-Constable Hagan when brought into the Police Office on a charge of being drunk.
An old woman named Catherine Daly was put forward charged with having left a child 8 or 9 months old in the workhouse, she being the guardian of the child. Mr. Humphreys, relieving-officer, stated that on yesterday at the usual sitting of the Board of Guardians the prisoner entered the room with a child in her arms. The chairman directed her to make her statement, whereupon she flow into a passion. The chairman then told her to take the child home, and the Guardians would inquire into the matter. The prisoner said the child was laid down at her hall door one morning by a woman named Ann Cole. Another witness proved that Ann Cole was the mother of the child, and the prisoner was discharged, she being in no way considered liable for the care of the child.
[Before Sir JAMES HAMILTON, J.P., and WM. BOTTOMLEY, Esq., J.P.]
KISSING ONE'S WIFE. .
Catherine Murtagh summoned Joseph Murtagh, her husband, for having beaten and
abused her so that she was in terror of her life on his account. Mr. Sheals appeared for the complainant, and Mr, M'Erlean for the defendant. The complainant stated that she had been married five years to the defendant, and had no family by him. On Sunday evening, the 21st ult., he called her bad names, dragged her through the house, and put her out at the door. When she returned to the house he cursed her, and threw her down the stairs. He cursed her on
his knees. Mr. Sheals--This is a devotee with a vengeance. (Laughter.) Witness, proceeding, said that her husband nearly killed her, and she was afraid of her life for him. Cross-examined by Mr. M'Erlean--Who performed the funeral operation, for you after you were killed? Witness--That is no talk. Mr. M'Erlean--You swore upon your oath he killed you. Witness--He tried to do it. On your oath did he kill you ? Sure you see me here. What hour was this ? About eight o'clock in the evening. On your oath state to their worships the cause of the quarrel ? By your oath didn't your husband only want to kiss you? (Laughter.) He strove to do it. And that was the cause of the quarrel? Mr. Sheals--Did he kiss you? Witness--He did not. Mr. M'Erlean--He caught you in his arms, did he not ? Witness--He threw me about. Mr. M'Erlean, in stating the defence, said their worships would have a busy time of it if they were to try every case of a husband taking his wife into his arms. (Laughter.) Their worships would not constitute themselves the judges of matrimonial life on a Sunday afternoon after dinner. (Laughter.) When poor men could not get the tramways to take them out to the Cave Hill on a Sunday afternoon, and when they were fined for overcrowding the Bangor boat, was it to be said that they could not kiss their wives in their own houses without the wives taking a notion that their husbands were going to assault them? (Laughter) And was it to be said that two of her Majesty's judges would solemnly pronounce a violent assault under such circumstances ? The case was postponed.
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THE JULY ANNIVERSARIES IN LURGAN.
A LARGE number of police for duty during the July holidays came to Lurgan on Tuesday evening. There were eighty in all, under the command of Sub-Inspectors Milling, of Glasson, County Westmeath, and Bull, of Mullingar, County Westmeath. County Inspector Fawcett, Armagh, is also at present in Lurgan on duty. Messrs. McCarthy, R.M.. and Redmond, R.M., have also arrived in Lurgan. About nine o'clock last night a row was nearly being raised in Lurgan. It seems that a Mr.
Andrew Donnelly, a most respectable shopkeeper in the town, got into some dispute with Sub-Constable M'Kean, in the course of which a large crowd gathered, by whom some very threatening language occurred, but happily the police appeared on the scene, and dispersed the crowd, so that nothing serious happened. This being the anniversary of "The First," the district meeting takes place to-morrow, when the final preparations will be made for the Twelfth celebrations.--Correspondent.
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The Witness - Friday, 10 July, 1874
ADGER--July 1, the wife of Sergeant Wm. Adger, R.I.C., Poyntzpass, Co. Armagh, of a daughter.
GRANT--July 5, at Donaghadee, the wife of Duncan E. K., Grant, retired Commander Royal Navy, of a daughter.
RiTCHIE--M'WHA--June 2, at the First Presbyterian Church, Ballymacarrett, by the Rev. T. S. Woods, Ballygowan, Samuel Ritchie, Belfast, to Lizzie, daughter of John M'Wha, Mountpottinger.
WEAVER--HERON--July 4, at the Presbyterian Church, Egremont, Cheshire, by the Rev. A. M'Leod Symington, St. Andrew's Church, Birkenhead, assisted by the Rev. J. Hewitt, Whitehouse, Belfast, Isaiah Weaver, Esq., Commander Pacific R.M.S. Aconcagua, youngest surviving son of the late William Weaver, Ballydonnel, Co. Down, to Isabella Elgin, second daughter of John Heron, Esq., Zigzag House, Liscard, Cheshire.
CUMING--July 8, at his residence, Purdysburn, after a severe and protracted illness, borne with Christian patience and resignation, John Cuming, aged 70 years. His remains will be removed for interment in Ballylesson Burying-ground, on Saturday morning, the 11th inst., at ten o'clock. Friends will please accept this intimation.
BARKLIE--July 6, at the residence of her son-in-law, John Saunderson, Glenwherry, Mrs. Jane Barklie, relict of the late William Barklie, of Parkgate, aged 93 years.
BOOTH--July 1, at the residence of her father, Drumconvis, Coagh, Eliza Jane, the beloved wife of Robert Wm. Booth, Mountpottinger, aged 23 years.
A CORPSE AS A PARCEL.
QUITE a sensation was created at Malton, on Saturday, by the delivery of the body of a child in a coffin, sewn up in a cloth, for conveyance to Manchester as a parcel. The address was simply "Mr. Rhoden, Manchester." The child had died of an infectious disease at Malton on Thursday. On learning the facts, Mr. Nicholson, the station superintendent, detained the body, and Dr. Young, the medical officer of health, ordered its immediate interment at Malton.
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MURDER AT KILLINCHY, CO. DOWN.
The murder on Tuesday evening at Killinchy has occasioned here considerable excitement. Our police force were out on Tuesday night scouring the districts in search of M'Clurg, who is charged with the murder of Robert Wilson. After the perpetration of the deed the murderer made his escape, and has up to the present eluded the vigilance of the police. The alleged murderer is described as of slovenly appearance, with blue eyes, cocked nose, large mouth, fair complexion, five feet six inches high, about 18 years of age, dark hair, and at the time of the murder, which appears to have been deliberate, by the striking of deceased with a large stone at the back of the head, he wore a blue frock coat, with light tweed trousers. Sub-Inspector Robertson, who has charge of the Newtownards district, which includes the scene of the murder, is indefatigable in his exertions to have the culprit brought to justice.
Full particulars of the melancholy case of homicide at Killinchy, County Down, transpired at a magisterial investigation held at Killinchy on Tuesday, before Mr. Lloyd, R.M. A young man named Robert Wilson, about twenty-two years of age, was murdered by a woman named Margaret Miller, and her son, James M'Clurg, eighteen years of age. It appears that at an early hour on Monday morning when Samuel M'Veigh and the defeated were sitting on a wall at Killinchy, and Margaret Miller came forward and asked them to interfere between her son and a man named Mills. Deceased desired her to go away. She refused, and he gave her a slight kick. She took up a stone to strike him, and he ran at her. Her son, James M'Clurg, came forward and struck deceased with a stone between the shoulders, and swore he would kill him if he would kick his mother. Deceased turned on M'Clurg and ran after him, when they fell in a hedge. Margaret Miller then beat him on the head and legs with a stone. They were separated, and afterwards M'Clurg threw a stone at Wilson, which struck him on the head and cut him. Mr. Lloyd then committed the prisoners on a charge of murder to the Assizes.
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NOMINATION OF TOWN COUNCILLORS FOR LISBURN.
LISBURN, MONDAY.--The nomination of Municipal Town Councilors about to act under the new Towns Improvement Act came off to-day in the Courthouse of this town, before W. T. B. Lyons, Esq., D.L., and John Miller, Esq., J.P.
Some weeks ago the heads of the Conservative independent parties held meetings, at each of which fifteen candidates were proposed. To-day, the fifteen candidates on each side were nominated, and besides these, as there had been no Roman Catholic put forward by either party, Mr. James Savage, a respectable member of that Church, was also duly nominated. The proceedings went off amicably. The polling takes place on Wednesday.
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LURGAN PETTY SESSIONS.
The usual bi-monthly Petty Sessions were held in Lurgan on Tuesday, before Capt. Whelan, R.M. (in the chair); J. W. Greer, Esq., J.P.; John Hancock, Esq., J.P.; Francis Watson, Esq., J.P.; and Samuel A. Bell, Esq., J.P. Head-Constable Wilson summoned a man named David Calvert for having had, on the 27th June, at Silverwood. near Lurgan, a quantity of purloined or embezzled yarns in his possession--in all about £500 worth. The Head-Constable deposed that he proceeded to the place on information, when he found the house locked up, which, on being opened, was found to contain in all some 200 chains, 100 bundles of cotton, 29 bundles of yarn, with 5 webs or pieces of cloth. The said material was claimed by Mr. R. A. Sheppard, who brought the men and opened the door. The Head-Constable at once seized the yarns and had them brought into Lurgan. The case was dismissed against Calvert, but the police still retain the yarns in their possession. The entire case created great interest, and during the hearing of it the Court-house was crowded with the local manufacturers. Messrs. Hazlett and Moore prosecuted, and Messrs, M'Combe (Belfast) and Morris (Lurgan) defended. The remainder of the cases were possessed of no feature of importance.--Correspondent.
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DROWNED WHILE BATHING.-- Mr. Peter Ward, brother of Dr. Ward, the newly-elected
Home Rule member for Galway, was accidentally drowned on Friday morning while
bathing at Blackrock, near Galway.
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INTERESTING DISCOVERY.--A pastoral staff has come to light in the tomb of Bishop Flambard, at Durham Cathedral. The woodwork is quite gone, but the length of the staff was clearly shown in the coffin. The top or crook, although much oxydised by the interment of more than eight centuries, is very perfect. It has been sent to the British Museum for the present. During the past few days several stones of the old chapter house have come to light. The excavations are being continued, and farther important discoveries expected to be made.
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FATAL ACCIDENT TO A CLERGYMAN'S SON.--On Thursday afternoon about four o'clock, John Aitken, a boy ten years of age, and son of the Rev. W. F. Aitken, Main Street United Original Secession Synod Church, was found lying seriously injured in the front area of the house at Elmbank Place, Glasgow. The poor child was as quickly as possible conveyed home, and attended by Drs. Coats and Cameron, who found a severe wound on the head, from the effects of which he died in the course of the evening. It is supposed that he had been climbing*on the railings, and had fallen over.
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POISONED BY INADVERTENCE.--John Thomas Gould, a young man from Stalybridge, latterly employed at Tottington Mill (Mr. D. Knowles's) near Bury, had an attack of toothache on Friday, and some of the workmen recommended him to take a dose of salts, for which purpose he proceeded to the storeroom. He inadvertently mixed a quantity of arsenic with water, and had drank a portion of it before he discovered the serious blunder he had made. He dropped helplessly to the ground alarmingly ill, but was conveyed to the shop of a druggist at Bury Bridge, where the antidotes necessary to arsenical poisoning were applied. Hopes were entertained of his recovery.
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BELFAST POLICE COURT.
AN INVETERATE OFFENDER.
Catherine Ward was charged by Sub-Constable Pollard with having been drunk in Smithfield yesterday. On the way to the office she cursed King William. The prisoner, against whom there were twenty-three previous convictions, was sent to prison for a month.
ROBBERIES IN THE SUBURBS.
Three lads named Robert Matier, Samuel Patterson, and Michael Burns, were put forward by Sub-Constable Wm. Cowan, charged with having been concealed under suspicious circumstances under some hay in Templemore Park, and also with having broken into the premises of a Mr. Boyd, 95, Woodstock Road, on the 1st inst., and stolen a variety of articles. The constable stated that a number of robberies had been carried on in that neighbourhood lately. Mr. McComb's house, Raven Hill, had been broken into, and a dress coat, two vests, and three pairs of boots abstracted. When he arrested the prisoners he gave them the usual caution, and one of them confessed that he had assisted to break into Mr. Boyd's shop. The case was remanded.
SOLDIERS AND CIVILIANS.
THOMAS O'NEILL, and Thomas Woodby were brought up in custody, charged with fighting with one another in Corporation Street, on Saturday. It appeared that O'Neill struck the soldier, who returned the blow, knocking the civilian down. Mr. Holywood, officer of the 13th Regiment, gave the prisoner an excellent character. The soldier said it was not the prisoner, but another man, who struck
him. The prisoners were discharged with a caution.
FALL OFF THE TRAMWAY.
James Robinson was charged with drunkenness. It appeared that on Saturday evening he was getting on one of the tram cars when his foot slipped and he fell. Mr. O'Donnell said he had seen the case himself. The tram-way car was proceeding at a slow pace, and the driver should not allow a drunken man to
travel on it. The prisoner was discharged, and ordered to go to the General Hospital and get his wounds dressed.
Mary Ann Hughes was charged with stealing a piece of flannel shirting, the property of Rebecca Johnston. Sub-Constable M'Ilvenna deposed that the prisoner ran away when she saw him, and dropped the cloth which she had under her arm. Miss Johnston said the value of the material was £3. The prisoner was sent to jail for fourteen days.
Mary Murray was brought up in custody of Sub-Constable William Janes Craig, charged with stealing a jacket, shawl, and other articles, the property of Mr. James Dempsey, York Street. Mr. and Mrs. Dempsey, having been examined, the prisoner pleaded guilty, and was discharged with a caution.
Mary Ann Armstrong was brought up by Sub-Constable Busby for cursing the police as Orangemen, and shouting for King William over the water. Sent to jail for a month.
Mary Chambers was charged by Sub-Constable Osborne, with shouting they were Orange w---s and bastards, cursing King William, and shouting for Home Rule. Mr. 0'Donnell ordered Dr. Aicken to be sent for in order that she might be examined with a view to sending her to the asylum
William O'Hara was sent to jail for a month for making use of party
expressions by shouting " To h---l's b---s with the Pope."
James M'Laughlin was charged by Sub-Constable Casement with being disorderly at Bridge End, Ballymacarrett. He was going through the street with his coat off, and saying he could beat any Orange wh---e in Ballymacarrett. Several witnesses were called who deposed that it was not the prisoner but another man who had made use of the words. He was then discharged. Mr. M'Erlean appeared on his behalf.
ASSAULTING A CONSTABLE.
John Brennan was brought up, charged by Sub-Constable Busby with making use of abusive language and assaulting him. After his arrest he struck him and also kicked him. He was ordered to be imprisoned for two months.
TRAVELLING WITHOUT A TICKET.
John M'Cullough was charged, at the instance of the Belfast Steamship Company
with travelling without a ticket in the steamer Magnetic from Liverpool to Belfast. Andrew Davidson, mate of the steamer, proved the charge. The prisoner said he had a ticket which he had purchased in Liverpool, but he had lost it as well as a sovereign. Fined 20s and costs, or fourteen days' imprisonment.
Henry Gardner was brought up in custody charged with refusing to pay a treat in a public-house in Bond Street, and assaulting a man named Hugh M'Gurk. It appeared he went into Mr. Buckley's public-house with two others, and called three half-ones of whiskey. They were going out without paying it, and when M'Gurk followed the prisoner knocked him down and assaulted him. The case was adjourned till Wednesday in order that the other men might be summoned also.
At a subsequent period of the day, Mr. O'Donnell said in reference to the case of Mary Ann Chambers, that Dr. Aicken considered she was not fit for a Lunatic Asylum, and she would have to be imprisoned for three calendar months.
OBSTRUCTING A CONSTABLE.
Robert Crowe, spirit grocer, Aberdeen Street, was summoned by Sub-Constable Michael M'Lauglin for obstructing him in the execution of his duty on the 28th June. Mr. Coulter prosecuted, and Mr. Sheals appeared for the accused. The constable deposed that he visited the defendant's premises about twelve o'clock on the morning of the 28th June. The defendant asked him if he would take a "half-one," the object being to prevent him going upstairs. The defendant had some drink taken, and used language that could not be repeated in court. Fined 2s 6d and costs.
A BAD WIFE.
MARY MAGEE was put forward in custody of Sub-Constable John Brown, charged with having assaulted her husband in view of the constable. It appeared that she struck her husband a violent blow on the mouth which almost knocked him down. The husband stated that she was addicted to drink. She frequently annoyed him. The prisoner was sent to jail for one month.
William Dobbin was sentenced to two months imprisonment for having assaulted a woman named Mary Allan Smith, at the Donegall Quay, the previous evening by striking her a violent blow on the month.
A DRUNKEN HUSBAND.
A man named John Hoey was put forward to answer the charge of his wife, who deposed that when drunk he never ceased abusing her. Yesterday, while under the influence of drink, he smashed everything in her shop. She was the mother of six children, and endeavoured to support them by keeping a shop. The Bench imposed a fine of five shillings and costs, with the alternative of seven days' imprisonment, for having been drunk; and for the graver offence put the prisoner under a rule of bail to keep the peace for the next three months--himself in £10, and two sureties in £5 each, failing which he is to undergo three months' imprisonment.
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BELFAST QUARTER SESSIONS.
ON Saturday, shortly after ten o'clock, John H. Otway. Esq., Q.C., chairman of the county, took his seat in the County Court-house, and commenced the business of the Sessions for this division of the county.
The following gentlemen were sworn by W. Cunningham, Esq., acting clerk of the peace, on the
GRAND JURY:--Messrs. Charles Druitt, Simon Chapman, Robert Frazer, John W. Hazlett, Wm. J. Jury, Ralph A. Richardson, Samuel Smyth, John Charley, Joseph Fulton, John Gorden, James Purdon, Trevor Smyth, Alex. Threlkeld. Samuel Birch, Wm. Pentland, and Wm. B. Haynes.
His WORSHIP, addressing them, said he could scarcely trust himself to express
his feelings in reference to the disregard and disrespect paid to the Court and to the administration of justice by the neglect of many of their brethren who were summoned to attend and did not. He almost regretted he had not called them on fines, but he hoped what he said would have a salutary effect. He blamed himself, and took that opportunity of conveying to gentlemen who may be hereafter summoned as Grand Jurors in this town, whether at Quarter Sessions or the Recorder's Court, if they did not attend, when summoned, he would fine them
heavily, and would probably call them in the first instance on fines. He could understand why persons in distant parts of the county absented themselves with the hope that others would attend and fulfil their duties, but in Belfast he could not understand why such disregard was shown of late years to a Court having a great and extensive jurisdiction. He thanked them for their attendance, and hoped ho would never have to complain of such a limited attendance again. There were some cases to go before them, one for keeping a bawdy-house, touching which, they were to be satisfied that the house was kept and used for the purposes of prostitution. They did not require any evidence as to disturbance on the street, violation of the public peace, or any conduct such as to alarm the
neighbourhood or the well-disposed. There was a case for malicious injury to a cow, one for an assault on a police-officer, and the fourth for breaking and entering a country house and stealing. His worship then gave the customary directions regarding the finding of the bills and the Grand Jury retired.
The following were then sworn on the
MARKET JURY :--Philip Carpenter (foreman), Thomas Douglas, Michael Gallon, Hugh M'Cann, Michael Rafferty, John Stevenson, Thomas Watt, Wm. Haddock, Charles Davey, John M'Daniel, Wm. Hutchinson, and Edward Fitzpatrick.
His WORSHIP gave them the usual directions with regard to their duties, and they were discharged.
J. H. OTWAY, Esq., Q.C., Chairman of County Antrim, entered the County Court-house at ten o'clock this morning, and resumed the business of the Belfast Quarter Sessions.
WOUNDING A COW.
A man named Robert Quinn was indicted for feloniously wounding a cow, the property of Robert Auld, Ballyhagan. The prisoner pleaded not guilty. After evidence for and against, the jury found the prisoner guilty, and he was ordered to stand aside.
ASSAULTS ON THE POLICE.
Robert Hamil was charged with assaulting Sub-Constable Dunn, at Ligoniel, on the 28th March last. The prisoner pleaded not guilty. A great deal of contradictory evidence having been given, His WORSHIP charged the jury, who found the prisoner not guilty, and he was discharged.
His WORSHIP then proceeded with the hearing of the undefended civil bill cases.
The following is the list of applications for spirit licenses and the result in each case.
Among the magistrates present were--W. T. B. Lyons, Esq., D.L.; Dr. Mumey, J.P.; Finlay M'Cance, Esq.. J.P.; Edward Orme, Esq., R.M.; John Charles O'Donnell, Esq., R.M.; and Samuel Archer, Esq., J.P.
James Abbott, Bow Street, Lisburn, new application--granted; Joseph Bell, 1, Everton Street, new application--granted; Alexander D. Birnie, 21, Church Street, transfer from Edward Birnie--granted; Joshua Noble Byrne and Thomas Hampton, 9, Queen's Square. transfer from Robert Meharry--granted; John Brannigan, 26, Vernor Street, and 1, East Street, transfer from Patrick M'Namee--refused; Robert and John Carson, 8 and 10, Corn Market, transfer from Wm. Carson--granted; John Cruikshank, 87, Millfield. and 1, Brown Street, transfer from I. Scott--refused; Hannah Davis, Lisburn, transfer from J. Davis--granted; Joseph Dephoff, Grosvenor Street, transfer from Janet M'Ilwrath--refused; William Doherty, 14, Mill Street, transfer from Thomas M'Cool--granted; Arthur Donaghey, Ligoniel, new application--refused; Robert Duddy, 87, North Street, and 69, John Street, new application--refused; James Elliott, Scotchmount, new application--granted; John Fitzpatrick, Carlisle Circus, transfer from Peter Fitzpatrick--granted; John Gillen, 21, Prince's Dock, transfer from Mary A. Campbell--granted; James Harbinson, 42, Glenpark Street, new application--refused; James Holland, 120 & 122, Boundary Street, new application--refused; James Lynn, 2 & 4, Peter's Hill, transfer from John Fitzpatrick--granted; Christopher Greenwood Mason, Castle Lane,
transfer from James M'Aleenan-- granted; Patrick M'Closkey, 44 and 46, Corporation Street, transfer from Robert Thomas Moor--granted; Margaret M'Clure, Lisburn, transfer from Adam M'Clure--granted; Hamilton M'Cracken, 10, Montgomery Street, transfer from Arabella M'Nally--granted; Michael M'Gurk, 41 Divis Street, transfer from Saml. O'Grady--granted; Edward M'Mahon, 38, Milford Street and 44, Cinnamond Street, new application--refused; Thomas O'Reilly, 18, Percy Street, new application--granted; Elizabeth Patterson, 71, May Street, transfer from Saml. William Patterson--granted; Michael Phelan, 10, Walnut Street, now application--refused.
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IN 1736, the good people of Whitstable were edified, by the sight of a doctor and a clergyman sitting side by side in the stocks for swearing at one another. In 1827, a man was, placed in the stocks in St. Nicholases Churchyard, Newcastle, for disturbing the congregation by entering the church during service-time, and shouting "Bell for ever!"--Mr. Bell being the popular candidate for the county. A similar piece of misconduct, without the excuse of electioneering excitement, upon the part of one Mark Tuck, led to the revival of the institution at Newbury. Twenty-six years had elapsed since the stocks had been tenanted, and the butter, market was thronged with sight-seers anxious to see how the victim would take his punishment. He did not appreciate their kind attentions, and saluted every chiming of the clock with expressions of thankfulness. After four hours' exposure to the derision of the crowd. Tuck was released, and lost no time in making his way home, without staying to thank those who had revived an old custom for his especial benefit.-- Chambers's Journal.
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The Witness - Friday, 17 July, 1874
BLACK.--July 10, at Rathgar Road, Dublin, the wife of George Black, Esq., of a son.
BUCHANAN--July 10, at Edenfall, Omagh, the wife of Captain Buchanan, of a son.
CARLETON--July 8, at Limerick, the wife of the Rev. James G. Carleton, B.A., of a son.
CORRY--July 10, at Belmont, Newry, the wife of Trevor Corry, Esq., of a daughter.
CRAWFORD--July 10, at Dublin, the wife of Henry Crawford, Esq., 10th Regiment, of a son.
CUMMING--July 11, at 16, Little Brunswick Street, Belfast, the wife of William Cumming, of a son,
KNOX--July 13, at Ligoniel, the wife of Alexander Knox, of three daughters.
LEMON--July 12, at 15, Ulsterville Avenue, Lisburn Road, Belfast, the wife of John Lemon, of a daughter.
MANNING--July 8, at Mount Corballis, Rathdrum, the wife of B. Manning, of a son.
NEWETT--July 13, at Ligoniel, the wife of Robert H. Newett, Physician and Surgeon, of twin daughters.
STEWART--July 13, at 82, Malvern Street, Belfast, the wife of Mr. Samuel Stewart, of a son.
WILLIAMSON--July 8, at the Railway Hotel, Greencastle, Belfast, the wife of William Williamson, of a son.
HENDERSON--DILL--July 9, at Dromore Presbyterian Church, by the Rev. James Reid Dill, A.M., father of the bride, assisted by the Rev. P. Hay, A.M., uncle of the bride, Samuel Henderson, Esq., of Londonderry, to Sarah Jane Dill, the Manse, Dromore, County Tyrone.
M'ERVEL--HUTTON--July 13, at the Church of the First Presbyterian Congregation, Rosemary Street, by the Rev. J. Scott Porter, Mr. Thomas M'Ervel, to Miss Hutton.
MANN--CAMPSEY--July 6, at the parish church of Ballykelly, County Derry, by the Rev. George Smith, Rector. Joseph Mann, Esq , son of the late Nathaniel Mann, Esq., Newtownlimavady, to Isabella, third daughter of William and Mary Campsey, Ballyclose Street, Newtownlimavady.
MARTIN--MORTON--July 8, at Drumlane Church, Belturbet, by the Rev. Thomas Jackson, Thos. P. Martin, third son of Wm. Martin, Esq., Belturbet, formerly of Tanvally House, Co. Down, to Sophie, younger daughter of the late Thomas Morton, Esq., Glasmullagh, Co. Fermanagh.
WARNOCK--HERRON--July 11, at the Parish Church, Chislehurst, Kent, by the Rev. James R. Parker, John Warnock, Esq, Ballywhite, County Down, to Anne, relict of Henry Herron, Esq., Gilford.
GILLESPIE--July 16, at his residence, 7, Norman Street, Belfast, Thomas Gillespie, aged 59 years. His remains will be removed for interment on
Saturday evening, at 3 o'clock. Friends will please accept this intimation. The deceased was a member of the Belfast Lodge of Oddfellows. Members of the Order are requested to attend the funeral, assembling in the Oddfellows' Hall to form in procession at 2.30 p.m.
CLEGG--July 11, Eliza, daughter of Richard Clegg, High Street, Donaghadee.
COOPER--July 13, at his residence, 32, Hutchinson Street, Belfast, William Cooper, aged 62 years.
HAYS--July 14, at Lancasterian Street, Carrickfergus, Mrs. Elizabeth Hays, aged 59 years.
LINDSAY--At his residence, Sans Souci, after a lengthened illness, Alderman Robert Lindsay, J.P., aged 60 years.
LOWRY--July 14, at 33, King Street, Belfast, Jas, youngest son of James Lowry.
M'KIBBIN--July 14, at 32, Joy Street, Belfast, Elizabeth, wife of the late Cunningham M'Kibbin, Downshire Road, Holywood, aged 74 years.
SHAW--July 10, at 4, College Green, Belfast, Elizabeth Cochrane, wife of J. M. Shaw.
SWAN--July 9, at 118, Old Lodge Road, Belfast, Ann, relict of the late Robert Swan, Killead, Co. Antrim, aged 78 years.
TWEED--July 11, at 112, Shankhill Road, Belfast, Mary Watt M'Ilroy, beloved wife of John Tweed, aged 30 years.
WORKMAN--July 9, Robert B. Workman, youngest son of Wm. Workman, Blackhill, Aughadoey, aged 4 years.
WALLACE--July 14, at the Aghadowey Manse, the Rev. Alexander Wallace.
ALLEGED HOMICIDE IN BELFAST.
A YOUNG lad named Clarke, aged twelve, whose parents reside in Utility Street, has come to his death under the following melancholy circumstances:--On Sunday, the 5th inst., he was out in a yard convenient to the Central Railway Bridge, crossing the Blackstaff, from which another boy named Smith was throwing stones at Clarke's pigs. Clarke remonstrated with him, when Smith threw a stone which struck Clarke on the back of the head, causing blood to flow somewhat freely. No danger was apprehended--in fact the occurrence had been almost forgotten--until Thursday last, when tetanus set in. The dispensary doctor of the district was sent for; but as the application was made at too late an hour, he did not attend till the following morning. The boy gradually sank, and expired in great agony on Tuesday. He was an intelligent lad, much respected by the people in the neighbourhood, and groat sympathy is felt for his parents. Smith is about fourteen years of age, and lives in the same street.
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THE LATE MURDER NEAR DUNKERRIN.
The two Egans, father and son, and their relative, Gleeson, were brought to Moneygall yesterday, under remand from Parsonstown Bridewell. There were five magistrates in attendance, who, after some deliberation, agreed to remand the three prisoners till that day week, on which day there will be a remand for eight days more, when the prisoners will be brought again to Moneygall, and the witnesses examined in their presence by the Crown Solicitor for the King's County.
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DEATH FROM EATING UNSOUND BEEF NEAR LURGAN.
OUR Lurgan correspondent writes that a man whose name has not yet been ascertained, in Ballinderry, some distance from Lurgan, died yesterday from the effects, it is said, of having eaten unsound meat purchased from some butchers in Lurgan. The man's entire family are all suffering from the same cause, and are not expected to recover. The police from that neighbourhood on yesterday evening came into Lurgan, and arrested James Loughran and Peter Loughran on the charge of having sold the meat. The unfortunate matter, as may be expected, has produced much excitement in the locality.
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A BATHER DROWNED NEAR BLACKPOOL.
On Monday, at Cleveleys, near Blackpool, where the Blackburn Rifle Volunteers are now encamped, one of the volunteers, a young man named Thomas Leyland, employed as a book-keeper at Messrs. Walkden and Dixon's paper manufactory, was drowned whilst bathing. He was seized with cramp, and called for help, but before assistance could be rendered he succumbed.
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BODY OF A WOMAN FOUND IN ORANGEFIELD.
FRIDAY morning at half past twelve o'clock, John Blakiston Houston, Esq., D.L., appeared on the bench of the summons Court and stated the following facts:--This morning at a quarter to ten o'clock, the body of a woman was found in the Milldam at Orangefield. She had tied a handkerchief round her month and nose, and left on the bank, under some trees, concealed from view, a bonnet or cap, and a cloak like a jacket, also a pair of boots, one or two articles of dress, and a hymn-book, out of which the first page was torn. She had some small pieces of white paper also, on which there was something written. I deciphered it as well as I could. I think it would assist us in the matter if the representatives of the Press present would take a note of it. On the paper was written, "If you don't tell me where you are going I will follow you, and I don't care if they find it out or not. You know I can easily stop you." On the fly leaf of the hymn-book was written a name I could not make out at all. "To an individual, 11, Peter Street, Dublin" was also written thereon. From the woman's face and appearance nothing is known at present.
Mr. O'DONNELL--What age was she about?
Mr. BLACKISTON HOUSTON--I cannot tell.
Mr. O'DONNELL--Has she been long in the water ?
Mr. Houston--I think she has been several hours.
The affair produced much excitement in court.
[From the Ulster Echo of Friday.]
THIS forenoon our reporter visited the demesne of Orangefield, the scene of' the mysterious occurrence alluded to in a previous edition. From all appearances there is every reason to suspect that the unfortunate woman must have committed suicide, but what impelled her to commit the rash act there is up to the present not the slightest ground to conjecture. Deceased is about twenty-five or twenty-six years of age, and from her general appearance would seem to have been in respectable employment as a servant-girl. She is a complete stranger in the locality and up to the present the body has not been identified. The scene of the melancholy occurrence is an exceedingly retired spot within the demesne, and so entirely removed from public view that one would never have imagined the likelihood of its being selected for any such purpose. The dam is of very small extant, and is quite shallow, being only about two feet deep in the centre. It is almost completely enclosed by trees, and lies within a short distance of the farm-house. The clothes were discovered lying at the foot of a tree by one of the farm-servants named Mrs. M'Cartney, this morning, at ten o'clock, as she was proceeding to her work. She immediately called to a number of her fellow-labourers, who were close at hand, and on their rushing to the spot the body of the woman was observed quite visibly in the water. It was at once taken out and conveyed to one of the sheds, where it at present lies. On the person of the woman were found 5s in silver, and 7d in copper. When the body was discovered a handkerchief, which, has since been removed, was tied about the head, completely concealing the features. She seems to have been a handsome woman. The hymnbook found was a copy of the "Sequel to Weyman's Melodia
Sacra," and as already stated the fly leaf was torn out. Shreds of paper, bearing pencil writing, were lying scattered about at the foot of the tree, and these were handed over to the police, but as yet nothing further has been deciphered. The constabulary are making every effort to discover the origin of the matter, which up to the present, however, remains involved in mystery. The body would appear to have been a considerable time in the water, and would lead to the impression that the sad occurrence had taken place the previous evening. On Saturday William Davidson, Esq., Coroner, held an inquest on the body, when the jury, after hearing the evidence, returned a verdict of "found drowned."
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The Witness - Friday, 24 July, 1874
ADAMS--July 18, at the Ulster Arms, Shankhill Road, Belfast, the wife of W. Adams, of a daughter.
ARCHER--July 18, at 12, Lonsdale Street, Belfast, the wife of Charles Archer, of a son.
ANDREWS--July 22, at Alma Terrace, Portadown, the wife of the Rev. S. Andrews, M.A., of a son.
FULLERTON--July 4, at Grandville Parsonage, Morgantown, West Virginia, U.S.A., the wife of the Rev. J. Archer Fullerton, D.D., formerly of Belfast, of a son.
LITTLE--July 19, at the R.I.C. Barracks, Aughnacloy, the wife of Mr. John Little, of a daughter.
SCOTT--July 22nd, at the manse, Glenarm, the wife of the Rev. J. Scott, of a son.
COSGROVE--WHITE--July 17, at Fisherwick Place Church, Belfast, by the Rev. H. M. Williamson, M.A,, Henry Cosgrove, Belfast, to Sophie Margr., daughter of the late James White, Esq., Newtownards, and niece of John Cony, Esq., The Plains, Belfast.
GLENDINNING--HARDEN--July 21, at Cremore Presbyterian Church, by the Rev. Wm. Leitch, brother-in-law of the bride, assisted by the Rev. R. Mitchell, Rev. L. D. Elliott, and Rev. Dr. Strain, Robert Graham Glendinning, New York, to Lizzie, fourth daughter of Acheson Harden, Esq., Bryandrum, Markethill.
GALLAGHER--FREW--July 18, at Willowfield Church, Belfast, by the Rev. Mr. Hopkins, John Frederick Gallagher, Esq., eldest son of Surgeon John Gallagher, Armagh, to Miss Rose Ann Frew, Killybegs, Antrim.
FLEMING--WARWICK--July 17, at the Presbyterian Church, Minterburn, by the Rev. A. J. Wilson, Mr, James Fleming, Cullionfad, Castlecaulfield, to Miss Isabella Warwick, Mullineal, Minterburn.
WATSON--ROWAN --July 21, at the Presbyterian Church, Hillsborough, by the Rev. John M'Kee, Edward Watson, to Mary Jane, eldest daughter of John Rowan, Dromore.
ADAIR--July 22, at Loughanmore, Co. Antrim, Major Adair, R.A.A., third son of the late T. B. Adair, Esq., J.P., D.L.
BYRNE--July 21, at her father's residence, Mary Ann, child of Laurence Byrne, of Crumlin Road, Dolphin's Barn.
CARROLL--At 55, Craigmore Street, Belfast, Wm. Carroll, aged 33 years.
CORE--July 21, at Abbotsford Place, Belfast, John Bland, infant son of Dr Core, aged 3 weeks.
GORDON--July 19, suddenly, at 8, Unity Street, Belfast, Mr. Edward Gordon, aged 48 years.
GIBSON--July 18, at his residence, Mount Street, Ballymena, Mr. James Gibson, aged 25 years.
GILLESPIE--July 16, at his residence, 7, Norman Street, Belfast, Thomas Gillespie, aged 59 years.
HALPIN--June 29, at St. Francis Hospital, Fifth Street, New York, Richard Halpin, a native of Ballymoney, Co. Antrim, aged 71 years.
HEENEY--July 17, at 2, Killymoon Buildings, Belfast, Margaret Elizabeth, wife of J. P. Heeney, M.D.
HIGGINS--July 19, at Lissane, Mrs. Margaret Higgins, aged 78 years.
LEWIS--July 17, at Ardmore Glebe, the Rev. John Evans Lewis, for 31 years Rector of the Parish of Montiaghs, Co. Armagh.
LOO--July 16, at his residence, Foundry Row, Ballymacarrett, John Loo, aged 88 years.
M'MURTRIE--July 18, at 64, Fleet Street, Mr. John M'Murtrie, compositor.
STEEL--July 18, at his father's residence, Malone, George, youngest son of Mr. George Steel.
SUDDEN DEATH AT CARRICKFERGUS.
A man named Dugald Percy died suddenly in the house of his grandson, at Doff 's Hill, North East Division, Carrickfergus, on Friday morning. At an inquest held on the body, the jury returned a verdict that death resulted from natural causes. Deceased had two daughters who died very suddenly some years ago--one having been found dead in her bed, and the other dropped dead off her feet.
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MURDEROUS OUTRAGE NEAR LURGAN.
INTELLIGENCE has reached Lurgan of the committal of a most murderous outrage on Sunday morning, at a place called Cranny, in the County Down, and about two miles from Lurgan. It seems that some time ago a man named Campbell was evicted from a small farm of land there, and since that time a man named James Doak has been placed as special watchman or bailiff on the property. At an early hour on yesterday morning some of the Campbells, it would seem, went to the
place for the purpose of removing some of the bog, and Doak, as a matter of course, interfering to prevent them, the Campbells set upon him and beat him so severely that little or no hopes are entertained of his recovery. I understand that Doak was stabbed in one or two parts of the body with a pitchfork. The Campbells have been arrested and lodged in jail:--Correspondent.
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COUNTY DOWN ASSIZES--SATURDAY.
[Before Mr. JUSTICE KEOGH.]
IN the Crown Court to-day, before Mr. Justice Keogh, James Lennon was indicted for wounding Hugh Cunningham Kelly, Esq., Sub-Sheriff of County Down, on the 18th May, at Tullyard. The Crown prosecuted, and Mr. John Rea, of Belfast, defended. The prisoner was convicted, and sentenced to twelve months imprisonment. Joseph Edward Bradley was acquitted of a charge of shooting at with intent to kill, and was discharged. In the Record Court, before Mr. Justice Fitzgerald, in the land appeal of Montgomery, appellant; Wright, respondent, additional evidence was given. Judgment was reserved till Monday.
James Dornan was indicted for that he did, in the month of March last, send to Elizabeth Ann M'Clelland, Banbridge, a threatening letter. The indictment contained three counts.
Mr. M'DONNELL, in stating the case for the prosecution, read the threatening letter with respect to which the prosecution was brought. It was as follows:--"Madam, I will call to you soon. I am coming from the South of Ireland, and as I am sworn in by the Brotherhood to put down all tyranny of landlords, so if you do not pay Wallace his Tenant-right I will shoot you, and burn your house in flames over your head.--(Signed.) RORY OF THE HILLS." A figure of a coffin was on the letter also. The jury returned a verdict of guilty. The prisoner was put back.
William M'Laughlin and Samuel Anderson were indicted that they did, on the 13th March, assemble, with other evil-disposed persons, and did disturb the peace and create a riot. There being no witnesses to identify the prisoners with the proceeding, they were discharged.
THE Assizes here were continued to-day. Margaret Millan and James M'Clurg were indicted for that they did feloniously slay and kill one Robert Wilson, at Killinchy, on the 6th July. Mr. Lentaigne, who had been assigned to defend by the Crown, pleaded guilty to manslaughter. His lordship (Keogh) thought counsel had taken a wise view of the case, and sentenced the prisoners to twelve months' imprisonment. In the Record Court, Arthur Donnelly, merchant, Lurgan, was arraigned for having fired a pistol with intent to murder on the 16th August. On a second count he was charged with having fired a pistol with intent to do serious bodily injury. Dr. Elrington and Dr. Kaye prosecuted ; and Mr. Porter, Mr. Hamill, and Mr. Donnell appeared for the prisoner. Dr. Elrington was stating the case when this telegram was forwarded.
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COUNTY ANTRIM ASSIZES.
ON Saturday, shortly after four o'clock. Captain J. F. Montgomery, High-Sheriff of the County Antrim, accompanied by H. H. Bottomley, Esq., Under-Sheriff, attended in the Crown Court of the County Court House, when the following gentlemen were sworn by H. M'N. M'Cormick, Esq., Deputy Clerk of the Crown, on the
GRAND JURY.--Hon. E. O'Neill, M.P., (foreman); J. Chaine, Esq., M.P.; R. H. Magennis, Esq., J.P.; H. H. M'Neill, Esq., J.P.; W. F. B. Lyons, Esq., D.L., J.P.; K. J. Alexander, Esq., J.P.; Geo. Gray, Esq., J.P.; John M'Ildowney, Esq., D.L., J.P.; John Young, Esq., D.L., J.P.; James Owen, Esq., J.P.; John Turnley, Esq., J.P.; William Coules, Esq., D.L., J.P.; Robt. C. Thompson, Esq., J.P.; Sir C. Lanyon, J.P.; Thomas L. Hutchinson, Esq., J.P.; Sir E. Coey, D.L. J.P.; Marcus M. Gage, Esq., J.P.; James A. Henderson, Esq., J.P., Mayor of Belfast; James Torrens, Esq.; Frederick L. Capron, Esq., J.P.; Clement K. Cordner, Esq., J.P.; Alexander M'Donald, Esq., J.P.; and Charles E. M'Clintock, Esq., J.P.
The High Sheriff thanked the Grand Jury for their prompt attendance, and said the Commission would be opened on Tuesday.
The Grand Jury then retired to their room, and proceeded with the fiscal business.
MR JUSTICE FiTZGERALD entered the Crown Court, County Court House, at half-past one o'clock, and proceeded to open her Majesty's Commission for the County of Antrim. H. H. M'N. M'Gormack, Esq., Deputy Clerk of the Crown, having read the precept, The Grand Jury were re-sworn.
His LORDSHIP addressing them said that his learned colleague and himself, to whom were being entrusted the execution of the Queen's Commission for the North-East Circuit, had now arrived at the last assize town they had to deal with. He was able to inform them that in every town they had passed through, in Monaghan, Armagh, and Down, the same gratifying features had been presented, namely, an almost total absence of crime, and the prevalence of peace and order. He was happy to be able to call their attention publicly to the state of things in this great county of Antrim. He had before him all the official reports, and was able to speak with considerable authority on the matter. They were probably aware that during the interval between this and the last Assizes the county was remarkable for the absence of any crime of magnitude, or anything requiring special attention, or that would create alarm to the public safety. He observed with pleasure the complete absence of any crime of an agrarian character or that struck at the foundations of the peace of society ; and he might confidently say that in this county, as well as in the whole North of Ireland, life was secure, the rights of property were respected, and everything indicated the prevalence of peace and order. He hoped he was not transgressing his duty when he said that so long as such continued to be the characteristics of Ulster, the province must be regarded as an element of safety for the remainder of the kingdom, and a bond of strength to the Constitution which they happily lived under, and that made them constituents of a great and united Empire. He would now say a word in reference to the borough of Belfast. They were all aware of its importance, appreciated its value, and knew that its welfare was essential to the public good. He was not now about to enter on the vexed relations of capital and labour, or make any reference to the present strike--that would be outside his province--but to point out, with feelings of satisfaction, the features that had existed here during a period of trial and misfortune to the working classes. Of course he could not but be aware that a strike exists which, to some extent, had been a commercial disaster, or rather a suspension of that commercial prosperity which had generally been the characteristic of Belfast. It was gratifying during such a period to observe the prevalence of good sense and mutual forbearance among the working people. They had been able to pass over the dangerous month of July with its anniversary free from any disturbance. He hoped from what the people had seen during the present month of trial that they might entertain the hope that that state of things would become permanent in Ulster, and for the sake of the working people who had so well conducted themselves he might be permitted to express the hope that the relations between employers and employed would soon be placed on a satisfactory basis. His Lordship then referred to the case of one Postlethwaite who is charged with having a quantity of nitro-glycerine in his possession without a licence, and having explained the law bearing on the question to the Grand Jury, said in conclusion that he was not aware there was any fiscal question on which he could give them any assistance, but if there were it would be his duty to do so.
The GRAND JURY then retired, and His LORDSHIP proceeded to fiat the presentments.
Mr. Justice Keogh sat in tins court at half-past one o'clock, and opened the communion for tho county of the town of Carrickfergus. The precept having been read, the Grand Jury answered to their names.
His LORDSHIP, in addressing them, observed that for the last six years there had not been a single prisoner from the county of the town of Carrickfergus. There was at the present but one case, namely, in which the accused was charged with causing the death of a fellow-creature. An application would be made, however, to have the case disposed of by the County Antrim Grand Jury.
Immediately after, Mr. HENDERSON, Q.C., made an application to have the case considered by the Antrim jury, which was granted.
In the Crown Court on Tuesday, before Mr. Justice Fitzgerald, a pensioner named James Campbell was indicted for having, on the 30th June, maliciously wounded John Connolly. At the suggestion of his Lordship, a nolle prosequi was entered by the Crown, and the prisoner was discharged.
A young man named Michael Haughan was indicted for having, on the 27th June, feloniously killed and slain John Clarke. It appears that the deceased was the worse of drink, and had a scuffle with the prisoner at Moira Station. His Lordship directed a verdict of acquittal.
Jane Bell was found guilty of having, on the 31st March, concealed the birth of her child. Thomas Morgan, Patrick M'Allister, John M'Keown, John Croan, Thomas Cowan, Henry Blaney, and Samuel M'Mullan were indicted for riot and unlawful assembly on the 17th March last, at Lisburn. The jury acquitted the prisoners, who were discharged.
[Before Mr. JUSTICE FITZGERALD.]
His Lordship sat at ten o'clock, and proceeded with the hearing of the criminal business.
SHOOTING AT WITH INTENT.
James Neill, a middle-aged man, stood indicted for that he, on the 7th May last, did feloniousily and wilfully shoot a certain gun loaded with gunpowder and shot, against Andrew Wilson, with intent to kill and murder him. In a second count the prisoner was charged with having fired the gun with intent to do Wilson grievous bodily harm. The prisoner pleaded not guilty.
Mr. Henderson. Q.C., and Mr. M'Mahon, Q.C., prosecuted for the Crown. Dr. Boyd appeared for the defence.
Andrew Wilson remembered the 7th May last. On that night he was near the house of the accused. Witness was attacked by two dogs of the accused, and he stoned them. The prisoner then came out and fired his gun over the wall at witness. Witness then turned round and asked him why he did that, when the prisoner replied, "D--n your soul I will give you another." A piece of the shot struck the brim of witness's hat. He had no doubt it was the prisoner who fired at him.
Samuel M'Allister lived in the neighbourhood of the last witness and the prisoner. On the night in question he saw Wilson at his own house, and noticed a red streak on his head, which he said was grazed by shot.
Elizabeth Foster heard a shot fired in the locality in question on the night of the 7th May.
In cross-examination witness stated that it was by no means an uncommon thing to hear shots fired in that neighbourhood.
The case for the Crown having concluded, Dr. BOYD addressed the jury on behalf of the prisoner.
His LORDSHIP then summed up, and said they were to put out of account that there
was any attempt to kill, as there was no evidence given to show that. Having reviewed the evidence, the jury retired.
[Before Mr. Justice KEOGH.]
ACTION FOR FALSE IMPRISONMENT AGAINST MR. O'DONNELL, R.M.
The first appeal called on when his lordship took his seat was that of John Hughes v. John Charles O'Donnell, R.M. The appellant appealed against a decision of the Recorder, who dismissed a process brought by him for £40 against the respondent for alleged false and malicious imprisonment.
Mr. Rea appeared for the appellant, and Mr. Kisbey (instructed by Mr. M'Lean) for the respondent.
On the case being called on, Mr. KISBEY put forward a preliminary objection. The appeal, he said, came before his lordship at the last Assizes in the ordinary course and was adjourned on the application of Mr. Rea, owing to his principal witness being unable to attend. Mr. Falkiner, who then appeared for the respondent, resisted that application, contending that his lordship had no power to adjourn an appeal. Mr. Kisbey proceeded to read the 137th section of the Civil Bill Act, and stated that an appeal might be brought from the decision of the court below to the next going judge of Assize, but not later.
Mr. Rea having replied generally, His Lordship read the Statute, bearing upon the subject and reminded Mr. Rea that the adjournment was taken at his own peril. He came to the conclusion that he had no jurisdiction to hear the appeal, and accordingly dismissed it.
[Before Mr. JUSTICE FITZGERALD.]
His Lordship sat shortly after ten o'clock.
THE CASE OF FORGERY.
His LORDSHIP addressing Mr. Henderson, Q.C., Counsel for the Crown, said there was a case in which a person, who gave his name as Jewell, pleaded guilty the previous day. He would require before he could pass sentence, a great deal more information than he had before him. He had seen all the informations and they represented in a very mitigated character what might be a very serious case. He would like to know if this man was the person he represented himself to be, and to know the whole history of the transaction. Was he the son of the person he represented as his father? Was Jewell his real name? Did he stand alone, or was he one of the lot? They had a very singular case within the last two years, in which all the persons came from America, and this looked like the beginning of another transaction of the same kind. Before measuring the sentence he must know more about it.
Mr. HENDERSON--I am instructed he is not the person at all. The charge to which the prisoner pleaded guilty was that of forging a cheque for £100.
THE CHARGE OF EMBEZZLEMENT BY A TELEGRAPHIC CLERK.
In the case of John White, late telegraph clerk in the Belfast Post Office, pleaded guilty to having embezzled a letter containing one
Dr. M'BLAINE said a person had spoken to him and expressed his desire to give the prisoner a character.
William Moreland, by permission of his Lordship, then stepped into the witness box, and deposed that he had known the prisoner for the last twenty years. This was the first offence he had ever known against him. The prisoner had hitherto borne an excellent character.
His LORDSHIP--How long was he in the Post Office ?
Witness--About 14 or 15 years.
Alexander Crawford gave corroborative testimony. The prisoner, he added, had a wife and eight of a family.
His LORDSHIP--It is the old story. It is the wife and children who suffer.
Mary Magill pleaded guilty to an indictment, charging her with having committed
perjury at the last assizes, when giving evidence in the case of Bernard Burns, who was charged with manslaughter.
THE GLENARM DISTURBANCE.
John Conolly, John M'Kinlay, Alexander Reid, Patrick Moore, and John M'Neill were indicted for that they, on the 23rd February last, did unlawfully and maliciously wound one Hugh Montgomery, and did him grevious bodily harm. On a second count they were charged with a common assault.
The prisoners pleaded not guilty.
The following jury tried the case :--Messrs. John Thompson (foreman), John Warring, Samuel Dick, John Gibson, Samuel B. Hanna, James Johnston, Robert Kennedy. William Lester, Jonathan Perry, Abraham Waterhouse, Alex. Anderson, and Geo. Beattie.
Evidence was given to the following effect:--
Hugh Montgomery recollected the night of the 23rd February last. He was on his way home from Glenarm. Before leaving Glenarm the prisoner M'Neill wanted to the counter with him. On the way home John M'Neill came out of a hedge and struck witness over the head with a stick. Others also came out of the same hedge, some of whom he could identify. Witness got several blows, and was very badly hurt. The blows rendered him insensible, and was a fortnight under medical attendance.
In cross-examination, witness could assign no other reason why M'Neill "bantered'' him, but that he is master of an Orange Lodge. He heard no shouts of "No Pope" and "No Surrender" There was something said about Home Rule.
Alexander Galbraith said Reid, MKinley, and Connolly were among those who attacked the party Montgomery and he were in. They had large pieces of sticks. Montgomery and Craig were knocked down. Witness got two blows. John Hamill was also struck. Witness disarmed John M'Neill and took a stick from him.
Mr. M'MAHON--What did you do with the stick ?
Witness--I used it. (Laughter.)
His LORDSHIP--How did you use it ?
Witness--I struck about all I could. (Laughter.)
His LORDSHIP--Quite right.
In cross examination by Mr. DONNWELL, witness said Montgomery was talking going along the road.
Mr. DONNELL--What was he talking about? Was he saying his prayers?
Witness--I don't know.
What did you do that night?--I did all I could to save Montgomery.
Mr. DONNELL--Now, you were able for them that night
His LORDSHIP--You remained master of the battlefield.
Mr. MAHON (to a constable)--Show these sticks to the jury.
Several large sticks were exhibited amid the laughter of the Court.
His LORDSHIP--You laid on with these very properly? (Laughter)
Additional evidence was given for the Crown.
Robert Wilson was driving a horse on that road on the night in question, and in advance of the party who were attacked. On hearing the first blow he got off his horse and went back. He saw Galbraith, the last witness, take a stick from Connolly, and identified M'Neill as being one of the aggressors.
In cross examination by Mr. M'KANE witness said he heard the Pope cursed.
His LORDSHIP--Was Home Rule included in the blessing ?
Witness--I did not hear it.
John Hamill gave similar evidence.
Mr. O'DONNELL--Were you using a stick yourself ?
Witness--I had none, and never got one, but I got the weight of one. (Laughter).
Did you hear any shouts ? I heard some one shout "No Surrender" but he was not in our party.
Dr. Alien, surgeon, Glenarm, stated that Hugh Montgomery, was brought to him on the night of the 23rd February, and described the injuries he was suffering from. On the next morning he considered his life in danger, as inflammation had set in. He was confined eight days. Witness also attended Craig, and considered his life in danger. Craig afterwards died. He could not ascribe death to the injuries.
In cross-examination, witness said that a short time before his death Craig fell off a stone wall. At the inquest, witness gave it as his opinion that that fall was the immediate cause of death.
Mr. M'KANE then opened the defence, and in doing so most heartily regretted any such occurrence as that they had to investigate. Everyone who wished well to his country must regret that such an occurrence must be the subject of investigation in a court of justice; for, whether that the prisoners were guilty or innocent, one thing was plain, that there was bad feeling and bad work that might mar that quiet little village of Glenarm. But, however, they might deprecate such an occurrence as a party fight when they came to investigate it, it was their business to come quietly and calmly with the responsibility of jurymen to consider whether those charged with this offence were guilty or not. They were to regard the testimony given in such cases with caution, if not with suspicion. He then proceeded to treat it as a matter of extreme improbability that a party of four should have attacked a party of eight or ten men, the more especially considering the physical repute that masters of Orangemen and Orangemen enjoy in that particular locality. It was also to be considered that the parties who were now prosecuting remained victorious on the occasion in question. However much the riot was to be deplored, he thought, after hearing evidence, the jury could come to no other conclusion but that the prisoners were not to be held guilty.
Evidence was then given on behalf of the prisoners.
The mother of the prisoner M'Neill, his sister, and other witnesses were produced to prove an alibi in his case.
Other evidence having been given, Mr. DONNELL addressed the jury for the defence.
His LORDSHIP summed up, and the jury withdrew to consider their verdict.
They returned in two hours, when they handed in a verdict of guilty on the two first counts, and not guilty on the third count.
The prisoner was ordered to stand aside.
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COUNTY OF THE TOWN OF CARRICKFERGUS GRAND JURY.
CARRICKFERGUS, SATURDAY.--This morning, at half-past ten o'clock, Conway Edward Bobbs, Esq., Dublin, High-Sheriff, entered the Courthouse, accompanied by H. H. Bottomley, Sub-sheriff, when the following gentlemen were sworn by H. M'Neill M'Cormick, Esq., deputy clerk of the Crown, on the grand jury:--
Alexander Taylor, Esq., J.P., (foreman), Alex. Johns, Esq., J.P.; Edward Rowan Legg, Esq.; Charles Arthur Wellesley Stewart, Esq., B.L.; Samuel Grahame Fenton, Esq., J.P.; Thomas Greer, Esq., J.P.; William Johns, Esq.; William John Campbell Allen, Esq. ; Robert Alexander, Esq., J.P.; Wm. Henry Sproule, Esq.; John Campbell, Esq.; William Borthwick, Esq. ; A. D. S. Cunningham, Esq.; William John Nicholl, Esq.; Robert Kelly, Esq.; George M'Murray, Esq.; William Bell, Esq.; Francis Johnston, Esq. ; Wm. Gorman, Esq.; Win. A. Woodside, Esq.; Thomas S. Howe, Esq.; and John A. Cochrane, Esq.
The HIGH SHERIFF thanked the jury for their attendance, and said the Commission would open at the Courthouse, Belfast, when he hoped they would all be present.
The Grand Jury retired to their room, and proceeded with the fiscal business of the borough, which was of an unimportant character.
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BELFAST HARBOUR COMMISSIONERS.
TUESDAY, at eleven o'clock, the ordinary bi-monthly meeting of this Board was held in the Harbour Office -- the chairman (Sir James Hamilton, J.P.,) in the chair. The other Commissioners present were:--the Mayor (J. A. Henderson, Esq., J.P.); Thomas Sinclair, Esq., J.P.; Wm. Mullan, Esq., J.P.; Samuel M'Causland, Esq., J.P. ; Robert Henderson, Esq.; James Hind, Esq.; Wm. Valentine, Esq.,
J.P.; Wm. Bottomley, Esq., J.P.; Thomas Valentine, Esq., J.P.
The SECRETARY (Wm. Thompson, Esq.), read the minutes of previous meeting's which were confirmed, on the motion of Mr. Sinclair, seconded Mr. Mullan.
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The Witness - Friday, 31 July, 1874
ARMSTRONG--July 25, at Grove House, Glenwherry, the wife of John Armstrong, Esq., of a son.
BLACK--July 21, at the Manse, Lylehill, the wife of the Rev. James Black, of a son.
BLAKELY--July 28, at Albert Bridge Road, Mountpottinger, Belfast, the wife of Henry Blakely, of a daughter.
WILSON--July 26, at the Manse, Ballysakeery, the wife of the Rev. John Wilson, Killala, of a daughter.
BRUNTON--FISHER---July 17, at 13, Pitlochrie Place, Norton Park, by the Rev. Mr. Bowden, London Road U.P. Church, James, son of the late John Blunton, Esq., Superintendent Lagan Navigation Company, Belfast, to Lizzie Preston, third daughter of the late Alexander Fisher, Esq., Edinburgh.
COCHRANE--HAMILTON--July 24, at the Magdalene Church, Belfast, by the Rev. E. J. Hartrick, Mr. Samuel Cochrane, to Jane, eldest daughter of the late John Hamilton, Newtownstewart.
GRAHAM--M'CLELLAND--July 22, at Fitzroy Avenue Presbyterian Church, by the Rev. Mr. Gamble. Mr. Thomas Graham, second son of Mr. Robert Graham, to Jenny, youngest daughter of the late Robert Mr. M'Clelland, both of Belfast.
KEMP--ELLIS--July 28, at St. Anne's Parish Church, Belfast, by the Rev. Dr. Hannay, vicar, Joseph Kemp, Esq., San Francisco, California, to Eliza Jane, eldest daughter of John Ellis, Talbot Street, Belfast.
ADAIR--At Loughanmore, County Antrim, Major Adair, Royal Antrim Artillery, third son of the late T. B. Adair, Esq., J.P., D.L.
BEATTIE--July 25, at 4, Pine Street, Belfast, Sarah, youngest daughter of the late William George Beattie, Ballymena, aged 12 years.
GARRETT--July 27, at 8, Richmond Square, Belfast, Catherine, the beloved wife of Robt. Garrett, aged 23 years.
M'KEE--July 24, at Dungannon, Margaret, second daughter of the late James M'Kee, Esq., M.D., M.R.C.S.E., Dungannon, and sister-in-law to the late Rev. James Kinnear, Clenaneese, Dungannon.
SAVAGE--July 23, at 115, York Street, Belfast, Mary, daughter of Mr. James Savage.
WALSH--July 22, at his residence, Ballinderry House, Mr. James Walsh, aged 22 years.
THE RIOT AT CASTLEDAWSON.
AT the Derry Assizes on Tuesday, the trial of Michael Kielt and four others for riot and assault at Castledawson on the 17th March was resumed at the sitting of the Court. The jury found Michael Kielt guilty, and acquitted the others. Samuel Mawhinney and James Farrell, of the Protestant party, were indicted for riot, affray, and assault at Castledawson. The count for riot was withdrawn, and the jury acquitted the prisoners on the others. His lordship, in discharging the prisoners, said they were acquitted by the verdict of the jury, which was not the verdict of the Court, nor the verdict of any sane man who heard the evidence, except the jury. Wm. Pickram, John Tilly, Sarah Johnston. and Mary Anne Rock, four of the Protestant party, were indicted for unlawful assembly, riot, affray and assault at Tamnadace. Part of the procession going from Castledawson, when passing two houses on the roadside, were stoned, it was alleged, by the prisoners. The processionists turned upon their assailants, smashed the windows and wrecked the houses, and assaulted some inmates. The jury were discharged at ten o'clock, not having agreed on a verdict.
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AT the Tullamore Petty Sessions on Saturday, the magistrates were engaged in privately investigating a charge preferred by a farmer named John Fletcher against his father, Wm. Fletcher, for attempting to poison him. From the information of the prosecutor, it appears that on Wednesday last his father cooked the evening meal for him, and directed no other member of the family to touch it. The meal consisted of stirabout, and no sooner did the prosecutor taste it than he became seriously ill. He immediately charged his father with having attempted to poison him, and gave some of the stirabout to a dog who, after eating a small portion, also became sick, and refused to eat any more. The son then proceeded to Tullamore where he put himself under the care of Dr. Ridley, and had his father arrested on an information. It is alleged that the motive for the attempted crime was the getting up of a farm held by his son. At the investigation it was shown that the prosecutor's life was out of danger, and accordingly on the prisoner being remanded, bail was accepted for his future appearance.
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THE LATE MURDER IN LIMERICK.
A DISCHARGED soldier named Charles Rollar, late of the 21st Regiment, was arrested on Saturday at Doneraile, on suspicion of being implicated in the above terrible murder. It appears that the police authorities in Doneraile received some intimation by telegram from Mitchelstown, and arrested Rollar as he was passing through the town. He was conveyed to Mallow Bridewell where he is at present incarcerated.
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COUNTY ANTRIM ASSIZES.
[Before Mr. JUSTICE FITZGERALD].
His LORDSHIP on taking his seat this morning proceeded to
RULING THE BOOKS.
CONCEALMENT OF BIRTH.
JANE BELL, a respectable-looking young woman, who was convicted of the above-mentioned offence, was, in consideration of her previous good character, discharged, under the liability to be called on at any future period to receive the judgment of the Court.
THE LARCENY BY A POST-OFFICE CLERK.
John Whyte, formerly clerk in the Belfast Post-Office, who was convicted of the larceny of a letter containing the sum of one shilling, was next put forward.
His LORDSHIP, in passing sentence, said the prisoner's case was a very melancholy one, indeed, he having been fourteen or fifteen years in the service of the Post-Office, and the possessor of an excellent character for twenty years. The prisoner had a wife and family, and by one act of dishonesty had ruined his and their prospects for life, for he was now dismissed from the Post Office, and would not likely obtain similar employment. His lordship took a lenient view of the case, and sentenced the prisoner to six months' imprisonment with hard labour.
ASSAULT ON A WIFE.
Robert M'Kitrick was thereafter put forward in the dock.
His LORDSHIP said the prisoner was justly convicted, notwithstanding the efforts of his wife to save him. Though the charge was only an assault, there was no doubt he made an attempt upon her life. The sentence must be severe. His lordship passed sentence of twelve months' imprisonment with hard labour, and hoped when he was restored to that wife, of whom he did not think him to be worthy, he would treat her more kindly.
Joseph Finney, who was convicted of loitering in the neighbourhood of Old Park with intent to commit a robbery, was sentenced to three calendar months' imprisonment, and after that to be under the surveillance of the police two years.
LARCENY OF A WATCH.
James Johnston, convicted of the larceny of a watch at a public meeting, was sentenced to five years' penal servitude, and after that to be under the supervision of the police for two years. While his lordship was passing sentence, prisoner fell on his knees and most piteously begged for mercy.
James P. Jewell, convicted of the forgery of a cheque for £100, was sentenced to twelve months' imprisonment, with hard labour, his lordship observing that at first he believed the prisoner was in league with other people to commit fraud, in which case he would have passed the very heaviest sentence.
THE GLENARM DISTURBANCES.
John Connolly, John M'Kinlay, John M'Neill, Alexander Reid, and Patrick Moore, charged with having assaulted a party of men and women near Glenarm, were put forward. The first four were sentenced to four months' imprisonment with hard labour, at the expiry of which time they are to give security for their future good behaviour--themselves in £20, and two sureties in £10 each; or, in default, to suffer other two months' imprisonment, the sentence to take effect from the date of committal. Moore received similar sentence, less one month, as the jury recommended him to mercy.
MAry Ann Magill, convicted of perjury, in respect of evidence she gave last assizes, in the case of Bernard Burns, who was charged with having caused the death of her illegitimate child, of which he is the father, was sentenced to twelve months' imprisonment.
[Before Mr. Justice KEOGH.]
ALLEGED CASE OF INDUCING A WIFE TO LEAVE HER HUSBAND.
JAMES GORDON HENDERSON, grocer, Clifton Street, brought an action to recover £250 damages from Henry Smith, on the ground of his having enticed plaintiff's wife to leave her home.
Dr. Elrington, Q.C., and Mr. Prater (instructed by Mr. W. H. Mecredy), appeared for the plaintiff; and Mr. Porter, Q.C., and Mr. Orr, (instructed by Mr. Knox), were counsel for the defendant.
Dr. ELRINGTON, in opening the case, stated the facts connected with it, which were certainly very peculiar. The plaintiff was a young gentleman, twenty-three years of age, who carried on a grocery establishment in Clifton Street, and is a respectable, honest, industrious and well-conducted person. For several years past he had been acquainted with the young lady, who afterwards became his wife. She was a Miss Isabella Smith, who was about a year older than the plaintiff, and was the daughter of a farmer at Donnemana, who had been dead some years. The defendant in this case is her brother, and has a farm of land at Strabane. From the time the plaintiff became acquainted with his wife, a warm intimacy existed between them. A great number of letters of a very amatory description passed between them, and the courtship passed in the usual way, plaintiff having several opportunities of seeing her. Ultimately they became engaged to get married. Their engagement was not made known to her relatives, and, though he did not defend secret engagements of this kind, he mentioned the matter as one of the facts of the case. Miss Smith at length paid a visit to her relatives in Belfast, and stayed in the house of a person named Motherwell. The marriage took place on the 12th May, according to the rites of the Presbyterian Church, the Rev. Mr. Mecredy officiating. The marriage over, Mrs. Henderson, by previous arrangement, returned to the Motherwell's, and stayed, there till the 23rd of the month, when she went to reside with her husband in lodgings he had taken in Eglinton Street. In the evening a dreadful scene occurred. Mr. and Mrs. Henderson had retired to their room, and the latter was partly undressed, when Miss Motherwell knocked at the door, and her brother forced his way in with violence. In the course of the proceedings Mr. Motherwell brandished a stick over the plaintiff's head, the plaintiff meanwhile telling him that he had been married to the late Miss Smith, and that Miss Motherwell was well aware the marriage had taken place. The upshot was that Mr. Motherwell carried Mrs. Henderson bodily out of the house, and in the course of a day or two she was sent by railway to her brother who lives near Derry. In the meantime the plaintiff was unaware of what had become of his wife, but at last bethought him she might be living with her brother. So he procured a search warrant, and on the 28th May proceeded along with three policemen to the house of Mr. Henry Smith. Henderson asked for his wife, and Smith said he was not aware they had been married, and objected to give her up. Mr. Henderson at the time was in a state of the utmost distress and dismay, and was considerably frightened by all these transactions Mr. Henderson was obliged to abandon the intention of taking her away, and she remained in the house. The plaintiff made application to Smith by letter to restore his wife, and enclosed in the letter the certificate of the marriage, but the application proved fruitless, and it seemed that she had been smuggled out of the country, and sent to New Orleans. Dr. Elrington then read two letters, which were written by Mrs. Henderson to her husband while she was resident at Derry. One of these was as follows :--
"MY OWN JAMES,--I think it my duty to write you a few lines to-day, although I may say in a sense you do not deserve it from me, after the many things you should have said about me yesterday to Miss Motherwell. I am now of the opinion that she is going between us in a way. I take this opportunity of asking you to let bygones be so. You said I always wrote asking you to make up friends which hurt me much, but now as you are my husband I can bear silently anything I hear. Miss Motherwell wanted me to-day to send you back the rings, and then it dawned upon me her intentions. I'll see you either to-morrow or next day, but don't write. I'll send you a note again. She also said she had told you I was intending to make out our marriage illegal, but don't think that, James, dearest; I am not so degraded as that yet. I hope, before long, perhaps, I may be with you. Forgive your own wife this once, and let us feel better towards each other. I knew I was hasty with you yesterday, but I was forced to say what I did. Now, darling, I know I should not have left you. I must be a good wife to you to make up for this. For mercy's sake say nothing of having received this, and I trust we will never let anyone come between us again, during our
life. When you take me home I'll be better and wiser.
"YOUR OWN BELLA."
The second letter was considerably colder, and Dr. Elrington insinuated this was owing to influence which had been brought to bear on the mind of Mrs. Henderson.
The plaintiff, James Gordon Henderson, was then examined, and deposed to the facts stated by his counsel.
Cross-examined by Mr. PORTER--You carried on a clandestine correspondence with her for three years ?--Yes.
You knew she was keeping it secret from her family ?--Yes.
Did you arrange she was to be married in secret, and without the consent of her family?--Yes.
Did you know that if the family knew they would all be opposed ?--I do.
What means had you for keeping a wife ?--She knew the means I had. I had a shop.
Counsel--Yes, a shop, and you slept behind the counter ?--No.
Are you able to pay your debts ?--No.
The lady was on a visit with friends in town ?--Yes. I did not tell Mrs. Motherwell, but I told Miss Motherwell.
Before the girl went to your lodgings did her friends know she was married ?--Yes.
And you thought it right to compromise the girl by taking her to live with you without letting her friends know you were married ?--Yes.
When you went to see your wife you took three policemen with you ?--Yes.
Did you put your arms around her ?--No.
Did you kiss her ?--No.
Did you ask her to go away ?--Yes.
Did you take her away ?--No.
You wanted her family to throw her out ?--If they had told me I would have taken her.
Did they prevent you ?--No.
Other evidence having been given, Mr. PORTER asked a direction for the jury.
Mr. FRAZER said if his lordship was disposed to direct, he would elect to be non-suited.
His LORDSHIP felt disposed, and directed accordingly.
THE GLENARM RIOTS.
Mr. M'Mahon appeared on behalf of Montgomery and Craig, to traverse presentments
made on their behalf by the Grand Jury. The case arose out of the Glenarm disturbances, and the facts were reported in a previous number. After hearing evidence, his lordship considered that the matter was not the result of any combination or secret conspiracy, and if the Grand Jury had had the same
evidence before them, he thought they would have arrived at the same conclusion. The case was dismissed.
[Before Mr. Justice FITZGERALD.]
WILLIAM DIAMOND V. OWEN AND THOMAS GALLAGHER.
THIS was an action brought by the plaintiff to recover £300 from the defendants for rent, breach of contract, and work and labour done. The case was partly heard the previous evening. The jury found for the defendant, with 6d costs.
THE GLENARM RIOTS.
Mr. M'KANE (with whom was Mr. R. Donnell. instructed by Mr. H. M'Mordie) requested his lordship to reconsider the sentence passed on Connolly and others for riot at Glenarm.
His LORDSHIP said that from the evidence he had heard the previous day in
the traverse of the presentment in which a man named Montgomery, and the widow of a man named Craig were concerned, he had come to the conclusion that M'Neill was not present on the occasion, and that the prisoners were not the aggressors. If that evidence had been given at the trial it might have procured a verdict of acquittal, or created a doubt. He would discharge M'Neill. The others had already suffered a good deal. Moore had been in prison 30 days, and the others 36 days. He would now discharge them, on their entering into the security already imposed on them.
[Before Mr. Justice KEOGH.]
DETINUE OF A PONY.
Andrew Morton Stewart brought an action for the recovery of £250 damages from Alex. Miller Jolly, for trover and detinue of a pony. The case was one of the petties, ever heard at these assizes, and, in summing up the evidence, his lordship took occasion, in his own peculiarly happy vein, to ridicule the bringing of such paltry matters into these courts. The defendant lodged £2 in court as his measure of the damages, and the jury found in his favour.
ACTION AGAINST THE BARROW STEAM COMPANY.
George Leghorne and another cattle-dealer, Clones, brought an action against Messrs. Robert Little & Co., Barrow Steam Navigation Company, for injuries done to some eight cattle belonging to the plaintiffs, in a voyage in one of the steamers from Belfast to Barrow. Damages were laid at £100. The case for the plaintiffs was that the defendants were guilty of negligence in the discharge of their duties with regard to these cattle. Upon the 24th February, 1873, the plaintiffs brought 26 head of cattle to Belfast; for shipment to Barrow by the steamship "Roe." It was alleged that, although the cattle were brought forward in good time to be shipped, they were placed in a bad position on the deck, somewhere about midships, a little in front of the paddles, other cattle which arrived Iater being put in a better place. It was further put forward for the plaintiffs that the vessel was late in starting, and that if she had sailed at her proper hour she would have escaped the rough weather she encountered. Five of the plaintiff's cattle died on the voyage, and three shortly afterwards.
IN this case the plaintiff was Eliza Jane Dunne, and the defendant Hugh Long. The action was brought to recover £187 of money lent, received, paid, and found to be due. The defendant pleaded a denial of all these several causes of action. Mr. Porter, Q.C., and Mr. Frazer were counsel for the plaintiff ; and Mr. Falkiner, Q.C., Dr. Boyd, and Mr. Kisbey were counsel for the defendant. The defence being technically imperfect, it was necessary to amend the pleadings. So in order to allow time to reply the case was adjourned to next Assizes.
Mr. Kisbey and Mr. Fitzgerald appeared in support of the claimants, whose claims were registered by the Grand Jury in regard to the alleged malicious burning of a mill containing a large quantity of flax at Cairnearney. The facts have already appeared in the Echo. Mr. Orr was counsel for the Grand Jury. The jury disagreed and the matter will be reheard on Tuesday.
[Before Mr. Justice FITZGERALD.]
Henry W. Hamilton and Another v. Wm. John Priestly.
THIS was an action to recover £70 7s for goods sold and delivered. The plaintiffs are coal merchants in Belfast, and the defendant is a linen merchant in Ballymena.
Mr. Porter, Q.C., and Mr. Weir (instructed by Mr. Coulter), appeared for the plaintiff, and Dr. Boyd and Mr. Killen (instructed by Mr. M'Mullan), appeared for the defendant.
After hearing the evidence, the Jury, by direction of the Court, found the plaintiff the full amount claimed.
His LORDSHIP, on the application of Mr. PORTER, granted a decree for immediate execution if the money was not paid.
EJECTMENT ON TITLE.
Matthew Simpson aud Wm. Russell, jun, v. Wm. Russell, sen., and others.
This was an action for ejectment, to recover possession of 21a. 1r. 6p., in the townland of Lisnamurrican. The case arose out of a family dispute.
Mr. Andrews, Q.C., and Orr., instructed by Messrs. R. H. Orr & Co., appeared for plaintiffs, and Messrs. Porter, Q.C., and Mulholland, instructed by Mr. A. 0'Rorke, for defendants.
A verdict was entered for the defendants, subject to the decision of the Court above on a point raised in the case.
[Before Mr. Justice KEOGH.]
Frederick Broughtan v. Baptisie Kernaghan.
This was an action for work and labour, but before the opening of the case a settlement was arrived at between the solicitors on both sides.
John George v. James M'Dowell.
This was an action to recover £31 13s 5d ' for goods sold and delivered.
Mr. Monroe and Mr. Weir, instructed by Mr. Coulter, appeared for the plaintiff. The defendant was not represented.
The Jury, by direction of the Court, found for the plaintiff.
Thomas Clarke v. Henry Hedley.
This was an action for assault and slander. The plaintiff alleged that the defendant struck him violently on the shoulder with a stick, and also that he called him a robber, a deceitful fellow, and accused him of stealing a feather.
The defendant denied the assault, and also the slander in the defamatory sense imputed.
The plaintiff is a clerk in the employment of Mr. Gage, Ballinacree House, and the defendant is a gentleman formerly holding land from Mr. Gage.
Mr. Andrews, Q.C., and Mr. Weir, instructed by Mr. Malcolm J. Cameron, appeared for the plaintiff; and Dr. Boyd and Mr. Monroe for the defendant.
The jury found for the defendant, with 6d costs.
ACTION FOR SLANDER.
David John Hall, plaintiff; Alexander Craig, defendant.
This was an action for slander. The parties reside at Castlecaulfield, where the plaintiff formerly carried on business, and was obliged to pass through the Bankrupt Court. The plaintiff''s case was that in the month of January last he attended a meeting of an Orange Lodge at Castlecaulfield, and on coming out some one shouted,, "Corry for ever." The defendant shouted, "Macartney for ever," and "to hell with Corry and the perjured bankrupt." Defendant said this several times. Plaintiff told him he should mind what he was saying. Defendant followed him to the door, when plaintiff cautioned him against using the expression. Defendant said I will repeat it again. You are a perjured bankrupt, a rogue, and if you want law, you have plenty of witnesses. On a subsequent occasion the defendant said, although you did throw away your goods, you might not have much. These observations were frequently repeated, and for this the plaintiff brought the present action. The defendant denied, the use of the language, the defamatory sense imputed, and that the words were spoken of the plaintiff in his business.
Messrs. Falkiner, Q.C., and Monroe, appeared for the plaintiff, and Messrs. Porter and Boyd for the defendant.
[Before Mr. Justice FITZGERALD.]
His LORDSHIP took his seat on the bench shortly after ten o'clock.
BREACH OF AGREEMENT.
Robert Metcalf v. Adam Davidson
This was an action for alleged breach of contract. Both parties reside in Belfast, and damages were laid at £61 12s 4d. After evidence, the jury gave a verdict for £57 19s.
Mr. Falkiner, Q.C., and Mr. Monroe (instructed by Mr. Wm. Carson) appeared for the plaintiff; and Mr. Porter, Q.C., and Mr. Kisbey (instructed by Mr. R. D. Bates) appeared for defendant.
John and Mary Ann Camberton v. William M'Phillips.
This was an action for assault by defendant on Mary Ann Camberton. The parties in the case are cattle-dealers, and on the day in question the Cambertons had brought some cattle to the Clones fair. They brought their cattle to the station with the view of forwarding them to Armagh, and while arranging to get them put into the waggons, the defendant, as alleged by the male plaintiff, assaulted his wife and pulled a quantity of hair out of her head. The real cause of the dispute seems to have been about the precedency of some waggons. The defendant asserted that he did not lay a finger on the woman till she struck him with stick over his face and head, drawing blood. Mr. Hamill, Q.C., and Mr. Frazer (instructed by Mr. Robert Morris) were counsel for plaintiff; and Mr. Falkiner, Q.C., and Mr. Monroe (instructed by Mr. Geo. Knight), appeared for the defendant. The jury found for the defendant.
THE BURNING OF A FLAX MILL AT CAIRNEARNEY.
It will be remembered that last Friday the traverse of a presentment with respect to the alleged malicious burning of a flax mill at Cairnearney came before the court, and that in consequence of the jury disagreeing the matter was postponed till to-day. The claimant claimed £187 10s, which the Grand Jury refused to allow. The traverse was reheard to-day, the former counsel appearing for the respective parties.
John Cunningham v. Philip Johnston and another.
THIS case, which was partly heard on the previous evening was resumed at the sitting of the Court shortly after ten o'clock. It was an action for £1,000 for damages done to the plaintiff by reason of his coming into contact with defendant's mill, whereby he received such injury to his arm as to render it necessary to be amputated. Messr. M'Mahon, Q.C., and Fitzgerald (instructed by Mr. A. M'Erlean) appeared for the plaintiff, and Messrs. Falkiner, Q.C., Andrews, Q.C., and Seeds (instructed by Messrs. H. & W. Seeds), for the defendants. The jury disagreed.
[Before Mr. Justice KEOGH.]
ACTION AGAINST THE BELFAST GAS COMPANY.
Wm Jones v. Belfast Gas Company.
THIS was an action for trespass and breach of contract. It was partly heard before Chief Baron Palles, who remitted it to Belfast.
Mr. Falkiner, Q.C., Dr. Boyd, and Mr. Weir (instructed by Mr. John Dinnen) appeared for the plaintiff; Mr. Andrews, Q.C., Mr. Porter, Q.C., and Mr. Kisbey (instructed by Mr. Samuel Black) were counsel for the defendants.
Mr. WEIR stated the pleadings. The summons and plaint contained three counts, that the defendants broke and entered the lands of the plaintiff, placed large quantities of clay and rubbish on his premises, and erected a steam engine there, keeping it erected for a long time; further, that the defendants broke their contract, and did not spread certain quantities of clay according to contract, but heaped it up. The defendants denied the doing the acts, and, secondly admitting, contended that they did so by plaintiff's licence. The defendants denied the contract, and, admitting it, said it was rescinded.
Mr. FALKINER, in opening the case, explained the relations between the parties. The plaintiff was for a considerable time engineering manager of the Gas Works. The Gas Company was constituted in Belfast many years ago, and had their headquarters in the town of Leicester. They expanded the scope of their original undertakings, and formed gas works in different parts of the Kingdom, and were very successful in their works in this town. In '69 there was another company started to challenge the monopoly of the Gas Works, and they had a Bill in Parliament which, after passing through preliminary stages, was withdrawn. The Gas Company looked round to see how in future they could prevent their monopoly from being assailed, and found that their best policy was to make a new gasometer, so that if any one came forward to assail them they would be able to show that they were doing their duty to the town of Belfast, and were giving a sufficient supply. It was out of the making of this gasometer, and the scooping out of a large quantity of earth, connected therewith, that the present dispute arose.
The case is likely to occupy the entire day.
[Before Mr. Justice FITZGERALD.]
WORK AND LABOUR.
Stewart v. Craig.
This was an action brought by the plaintiffs, John Stewart and another, to recover £43 for alleged work and labour done in the erection of buildings in Belfast. The sum of £4 4s was lodged in Court by the defendants.
Counsel for plaintiff--Mr. M'Mahon, Q.C.; Mr. Killen, and Mr. Fraser (instructed by Mr. Rea.)
Counsel for defendant--Mr. Monroe, and Mr. Hawkins (instructed by Mr. Wm. Harper.)
The jury found for the defendant.
ACTION AGAINST THE TRAMWAYS COMPANY.
The Rev. J. Rogers brought an action against the Belfast Street Tramways Company for negligence. Damages were laid at £400.
Mr. Falkiner, Q.C., and Mr. Craig (instructed by Mr. R. D. Bates) were counsel for the plaintiff; and Mr. Porter, Q.C., and Mr. Monroe (instructed by Mr. George K. Smith) were counsel for the defendants.
The case was tried by the following special jury:--Messrs. James Fleming, Hugh Long, Alex. Forrester, James Harper, Wm. Killen, Hugh H. Smiley, Joseph Thompson, Thomas Anderson, George Benson, John Dougherty, Wm. B. Haynes, and Robert Thompson.
Mr. Craig stated the pleadings, and Mr. Falkiner opened the case for the plaintiff.
The case for the plaintiff was as follows:--
On the 25th June, 1873, Mr. Rogers was driving through Belfast to his residence at Ballynafeigh, on an outside car. Opposite the Town Hall in Victoria Street, there was a cutting in the street which the contractor had made for laying down the trams. Material was lying scattered about the street. The car was upset and the rev. gentleman was thrown off the car on his face. He sustained severe injuries. His cheek and forehead were cut, and the thumb of his right hand was bent and broken exactly at the bend of the nail. He was much cut about the face, and sustained contusions of the body. The Mayor of Belfast came forward at the time, and assisted him into his private room, where he washed. After some twenty minutes he got upon the car, and drove safely home. The breadth of the street where the accident occurred was twenty-four feet. Patrick Gorman was the driver, and from the moment he was engaged by Mr. Rogers he drove slowly and carefully. No attempt seemed to have been made to fence in the material, and no one apparently was keeping watch, or gave Mr. Rogers any warning. The rev. gentleman attributed the accident to a large stone which was lying on the road. The stone was covered with clay, and had manifestly been turned up out of the street. Mr. Rogers was confined to bed after the accident for three weeks. For nights, he did not sleep, and he had to keep it in water to relieve the pain. He could not write for three months and had to employ a person to write for him. He had suffered occasionally up to the present time, and was nervous whenever he was on a car, especially in the neighbourhood of the tramway lines. In the month of April last he met Mr. Ayrs, of the Tramways Company, and spoke to him about the occurence. He understood from the manner in which Mr. Ayrs expressed himself that the company would have settled the matter privately. He offered to have the matter settled by arbitration, as he did not like to come before a Court. Mr. Ayrs told him to send in his claim to the company as they had money on hands belonging to the contractor, and would take care to have the claim satisfied. Mr. Ayrs said he had frequently to remonstrate with the contractor for the manner in which he left material scattered about the street.
The case is at hearing.
Birley v. Magee.
We understand that this case. which arose out of transactions of the firm of Lowry, Valentine, & Kirk, has been withdrawn, the parties having come to an arrangement.
[Before Judge FITZGERALD.]
THE CASE OF PROFESSOR ROGERS AND THE TRAMWAYS COMPANY.
ON taking his seat on the Bench this morning, His LORDSHIP proceeded to sum up in this case, laying before the jury first the case for the plaintiff, and secondly the case for the defendant. In presenting the case for the plaintiff, his lordship observed that it did not matter whether Mr. Rogers fell or slipped off the car. After the fall, Mr. Rogers's statement was that he was not stunned, though severely injured ; that he returned immediately to see what was the cause of the accident, and the driver and he both discovered that it was a large stone lying on the road. which was described by the reverend gentlemen as a large stone presenting the appearance of a "whin" stone. The stone was of that kind which would cause a serious obstruction, and, if there, would account for the accident. The carman, Gorman, agreed with Mr. Rogers that the stone was the
specific cause of the injury. Mr. Rogers further described that the street was open, and broken up along the centre, and that the contractors had taken no care in trimming the edges. Whether that was so or not was not very material, for the particular thing complained of by the plaintiff was that the car was upset by the stone. That was a very clear and specific case, and none of them
would come to the conclusion that the rev. gentleman wilfully misrepresented the facts. It merely became a question not as to the reverend gentleman telling the truth, but whether be was accurate. If they were satisfied that the stone lay there as described, the next point for them to consider was, whether the company could be held guilty of negligence in respect to the stone lying there. No doubt it would be an act of serious injury to leave a stone of that kind there. If it was the duty of any one to remove it, it was an act of negligence permitting it to remain where it was. He told them in the plainest language
be could use that if they were satisfied that stone was there, and that Mr. Rogers was cast off the car in consequence of the car coming in contact with it, the case they had simply to inquire was, whether the evidence led them to
the conclusion that the servants of the tramway company placed the stone there. If it was, and formed part of the debris, then they were bound to have removed it, and they would unquestionably be guilty of an act of negligence in allowing it to remain there. The case for the plaintiff was supported by the most unmistakable evidence--he meant unmistakable if accurate; and Mr. Rogers asked them to infer that the stone was part of the debris of the tramway company, or that it was left there by their servants, and ought to have been removed. He told them that if they took that view of it they were bound to give a verdict for the plaintiff. If the defendants had fenced their works with a wall fifty foot high, and yet left that stone there, they were liable for what might occur. They had not, as he understood, to deal with the truth of Mr. Rogers. There was no impeachment from the other side that the reverend gentleman did not speak the truth, and from his professional position there was no reason to infer that he would willingly misrepresent the truth, but the contrary. It was suggested, however, by the other side that he was inaccurate; that after the accident he was naturally confused, and had unintentionally
misrepresented what took place. Was there any ground for leading them. to consider that the reverend gentleman was inaccurate ? His lordship considered that Mr. Rogers might have been mistaken as to the tramway being open, that it was the better view that the road was filled in and the trams laid, save at one particular point higher up the street. If that was the view they took, it showed that the most intelligent and upright people were liable to fall into error, and that undoubtedly Mr. Rogers had not been quite accurate, and the fact of his being inaccurate in ore respect might lead them to conclude that he might be inaccurate otherways. There seemed to be great difficulty in coming to the conclusion that in the main particulars he could be inaccurate, for it was not a matter of recollection, as immediately after the accident occurred Mr. Rogers told them he returned to the spot over which the carman passed, and that the carman pointed out a large stone which he saw, over which the vehicle must have passed. It was difficult to put the case on the ground of inaccuracy, They had the case of a highly-respectable, intelligent man coming forward to tell them what had occurred. Such was the case presented for the plaintiff. It was one of the simplest kind; and again he repeated that if they believed that stone led to the accident, and that the stone formed a portion of the debris of the company, and was placed there by their servants, they were to find for the plaintiff; for no matter what progress the works were in, the fact of their allowing the stone to lie there, and that it was their duty to remove it, would alone be able to sustain the case against them. After referring to the description of the stone given by the various witnesses, his lordship proceed to say that if the stone was on the street it did not necessarily incur a liability on the part of the tramways Company. The company were under no obligation to keep the street clear, unless so far as their own works might cause an obstruction. If the stone fell off a cart, then the company had nothing to do with it--it would be the Corporation who would be responsible. All the Tramways Company were bound to do was to remove any obstruction which might prove a source of danger to the public. The question of damages was one entirely for themselves. The plaintiff sustained a most serious shock, and, considering his time of life, might have sustained injuries of which he never would get the better. His lordship next passed on to consider the case for the defendants. It was equally simple. The case was not one of public importance, being limited merely to the interest of the plaintiff and defendant. The case on the part of the defendant was this. There was no doubt they said that the Rev. Mr, Rogers was injured, but they alleged that he was inaccurate in attributing the cause of the accident to the stone, that it arose from the car on which the rev. gentleman was seated being driven too close on the rails to avoid a stationery cart on the street, that the wheels of the car went over or through some stuff there, that in going round the cart there was a jerk or a shake of some kind, and that the reverend gentleman in some way slipped or was thrown off, there being no negligence on the part of the defendants. Having alluded. to the evidence of Smith, the contractor, his lordship, next disposed of the evidence of Irwin, Tague, the remaining witnesses for the plaintiff. The jury were not warranted in regarding these witnesses as perjurers unless something in their conduct, demeanour, character, or story led them to that conclusion. He did not see that any of these witnesses had any interest in the case. Mr. Rogers, when giving his evidence, told them that he saw no watchers there, that at least if they were there they did not give him any aid, or, referring to the good Samaritan, "they did not pour oil on his wounds." Two of these witnesses swore to being on the spot at the time, and one of them said that he heard Mr. Rogers say to the carman, "Why did you draw up on that heap of stones?" and the other witness, that he heard him say, "What did you do that for?" and that the answer of the carman was, "To prevent the footboards of his car coining in contact with trams of the stationary cart." Of course that testimony was very important, for if that question were put and that answer given it would go far to shake their trust in the accuracy of the Rev. Mr. Rogers. These witnesses denied that they observed any stone on the road, and asserted that no such stone was found in excavating the street. These witnesses gave a description which would lead to the inference that the rev. gentleman was inaccurate, that there was no negligence on the part of the company, but that the accident arose through the unskillfulness of the plaintiff's driver. That was really the whole case for the defence. It was their duty to consider both cases, and he was sure they would do so without the slightest favour to either parties, and that their verdict would be according to the view they had taken of the matter.
The jury then retired to consider their verdict, and came out again after an interval of fifteen minutes, when, The FOREMAN said one of them wished to ask his lordship a question.
A JUROR then asked his lordship whether the Tramways Company were entitled to leave rubbish after the laying of the tram lines were completed.
His LORDSHIP replied in the negative, and The Jury again withdrew. On coming out
the second time, The FOREMAN announced there was no chance of an agreement.
His LORDSHIP asked them to retire again, which they did. After the lapse of ten minutes, his lordship asked them to be called out.
The FOREMAN said there was no hope of their agreeing, and his LORDSHIP discharged them.
-- -- -- -- -- -- -- --
COUNTY DERRY ASSIZES.
AT these Assizes on Wednesday, before Mr. Justice Barry, Michael Keilt, William 0'Neill, John Keilt, Patrick Keilt, John Hughes, James Toghill, and Joseph Robinson were indicted for unlawful assembly, and assaulting Margaret Johnston. A second count charged them with injuring the house of James Johnston ; a third count with doing injury to the dwelling-house of Edward Rocks; and a fourth count charged them with committing an assault on Nancy Johnston. The jury acquitted John and Michael Keilt, John Hughes, Joseph Robinson, and James Toghill; and found Patrick Keilt and William O'Neill guilty on the second and third counts, with a recommendation to mercy on account of provocation. Sentence deferred.
Sarah Mulholland and Alice Evans, found guilty of participating in a riot at Bellaghy, were sentenced--the former to pay £5, and the latter a fine of £2, the judge remarking that he would not commit them to the contaminating influence of the prison. The fines were paid, and the prisoners discharged.
In the Record Court the
BREACH OF PROMISE CASE,
Leslie v. Barr, was tried before Baron Fitzgerald. The litigants reside in the Coleraine district. Plaintiff is the daughter of a farmer now dead, and she resides with her mother on the farm, which is held under one of the London companies. She was described as being twenty-one years of age. The defendant (Dr. Barr) is of the medical profession, and in good practice. He is a widower, and well advanced in life. The question left to the jury was whether the defendant was released by reason of the plaintiff having conditionally signed a document which set out that she relieved Dr. Barr from all proceedings, he consenting to pay legal expenses and a draper's bill of £15, which accrued on her wedding order. She signed the document without the knowledge of her legal adviser or friends, but made the signing of it subject to her mother's approval, which approval was not granted.
The jury found for plaintiff, £300 damages.
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