THE CONNAUGHT JOURNAL
Galway, Monday, August 9, 1824
ENNIS ASSIZES-RECORD COURT
Cornelius O'Brien, Esq, Attorney v. The Right Hon. Drs. O'Shaughnessy, R.C.
Bishop of Killaloe.
This was an action to recover from the Defendant the amount of a Bill of
Costs incurred by the Plaintiff in a case "Canny v. Stenson," amounting to
upwards of £300.
Mr. Bennett stated the case, and in a very eloquent speech maintained the
Defendant's liability, and put in two letters, which he contended constituted
Dr. O'Shaughnessy a joint client with Mr. Stenson in the former action.
The service of the Bill of Costs upon the Defendant was then proved.
The Plaintiff's Clerk proved that the Bill of Costs was drawn out of the
Two letters, written by the Defendant, were then given in evidence; one of
those letters was dated the 15th of February, 1821; it was addressed to the
Plaintiff; it stated, that "the virulent enemies of the Rev. Mr. Stenson boasted
that Mr. Lloyd and Mr. O'Grady had been retained against him on the apprehending
trial, with a view, no doubt, to exercise their usual talents, and to load him
with abuse" - (a laugh) - The writer then proceeds to express his regret that
these Gentlemen had not been retained by his nephew. He also, heard that Mr.
O'Connell had been applied to, but he would have no doubt as to the part M.
O'Connell would take - and the letters from the Defendant to the Plaintiff was
also given in evidence, in which the writer expressed his satisfaction that
Mr.O'Loughlen had been retained, he being a Gentleman upon whose talents and
friendship he placed the highest value. He proceeds to say, "I think three
Lawyers quite enough -too many of them are ridiculous." - (a laugh.)
Mr. Anthony Sheehan proved that the Defendant expressed his anxiety to
effect a competition between Mr. Canny and Mr. Stenson.
Mr. W. Kelly proved that Dr. O'Shaughnessy paid him a sum of 50l. to hand
to Mr. Canny.
Charles Studdart, Esq, proved that he had been applied to by the Defendant
and by Mr. Canny to prepare a deed of release between Canny and Stenson; Mr.
Stenson was himself ill, and not able to got to the office; Dr. O'Shaughnessy
paid him the costs of preparing the deed, it was executed between Canny and
Cross-examined - In March, 1823, he had been applied to by Mr. O'Brien, who
said to witness that he could do him a service; that he had furnished Stenson
with his costs, and that he feared the was in a bad state of health; witness
said he did not think that Stenson would live 3 months, in which O'Brien
replied, "my costs are in a bad way, I have no time to lose." Witness advised
O'Brien, as Easter Sunday was approaching, to come to witness's house at
Newmarket, and that when Mr. Stenson received his dues, he (O'Brien) would be
able to get some of the money from him; Mr. O'Brien said he would, but he did
The Plaintiff having closed his case;
Serjeant Goold stated the Defendant's case, and contended his client's
liability from the discrepancies between the two bills of costs, one of which
was furnished by Plaintiff to Stenson and the other furnished to D.
Mr. O'Loughlin replied at considerable length.
Justice Vandeleur charged the Jury, who, after almost an hour's
deliberation, returned a verdict for the Defendant with costs.
Cathy Joynt Labath
Ireland Old News