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!! Ballina Chronicle; June 5, 1850; Belmullet Petty Sessions

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  • Cathy Joynt Labath
    BALLINA CHRONICLE Ballina, Mayo, Ireland Wednesday, June 5, 1850 BELLMULLET PETTY SESSIONS The Rev. M. Conway v. Messrs. John James and John MacAndrew, and Mr.
    Message 1 of 1 , May 5, 2006
      Ballina, Mayo, Ireland
      Wednesday, June 5, 1850

      The Rev. M. Conway v. Messrs. John James and John MacAndrew, and Mr. Robert
      Savage, for wilful and malicious trespass.
      Mr. Conway attempted several times to address the Bench, but in each
      instance was interrupted by Mr. Savage, who insisted that he (Mr. Conway)
      should be sworn. This he refused, and called John Gallagher, who was sworn.
      Did you see the defendants' cattle on the lands of Glenturk mannion?
      Witness- yes.
      Mr. Savage- Can you swear it? Witness-The herd can swear it.
      By Mr. Conway (through the Court)- Didn't you know some of the cattle?
      Witness- I could not swear to the cattle.
      Mr. Conway (through the Court)- Have you been intimidated from giving
      evidence since last court day? Witness - Oh, no, sir.
      Mr. Conway - Ask him was he intimidated.
      Witness- No, only Mrs. MacAndrew's son said that I carped it greatly to
      prove such a thing for the Priest.
      Mr. Conway - Did he offer to strike you? Witness-No.
      Mr. Conway - Were the cattle driven to the mearing on purpose to
      trespass? Witness- Faith I can't tell.
      Mr. Savage (to the Bench)- He wants to prove the cattle's intentions.
      Laurence Ruddy, examined- To whom did the cattle belong? Witness - I
      cannot tell.
      Mr. Savage - Were the cattle in it at all? Witness- I cannot prove to
      the cattle.
      Mr. Savage (to the Bench) - Gentlemen, I am willing to admit what in
      the end will be agreed to, that our cattle had the intention to trespass,
      and Mr. Conway knows the meaning of that word in all its bearings.
      Mr. Conway - Were you employed as caretaker at Glenturk? Witness- yes.
      Mr. Conway- Who employed you? Witness - Mr. Fergus.
      Mr. Conway- Now on your oath who does the cattle belong to?
      [The Bench refused to allow this question to be answered.]
      Mr. Conway- Did you see any of the cattle trespass on Glenturk's
      mannion? Witness- I did not.
      [The poor witness here left the court, muttering, "Sure I could not
      swear in the wrong."]
      Bridget Shevelan was the next witness put on the table, and on the oath
      being administered to her, she was observed by the Bench and several persons
      in the court to have kissed her thumb instead of the book. She was then
      obliged to kiss the book.
      Mr. Conway - Were you caretaker on Glenturk? Witness - Thay sure..
      Mr. Conway - Did Mr. MacAndrew's cattle or Mr. Savage's cattle trespass
      on my land? Witness - I don't know.
      Mr. Conway- Come now, I ask you again? Witness (casting a look of mercy
      at Mr. Conway)- Well, sure I heard it.
      Mr. Conway - Why did you give up possession? Witness- It was not worth
      my while to herd.
      Mr. Conway- Was there not a mearing? Witness- No, sir.
      Mr. Conway (to the Bench)- Yes there is a mearing and fence.
      Mr. MacAndrew- No there is not.
      Several Voices- No there is not.
      Mr. Savage (to the Bench)- Gentlemen, swear Mr. Conway, for I solemnly
      assert that for a ???? there is not any appearance of fence, or mark, or
      mearing, but a stream in one part which is dry in summer.
      The Bench, to Mr. Conway- Have you any more evidence? Mr. Conway- No,
      Bench - Then why bring those parties here? You have neither proved
      common or malicious trespass. We must dismiss this case with full costs.
      Mr. Conway - I hope you will direct the defendants to pay one half the
      expenses of this proceeding.
      Bench- Indeed we will not. You must pay all.
      [Here an altercation arose between Mr. Conway, the clerk of petty
      sessions, and the poor summons server, relative to their fees.]
      Mr. Savage (to the Bench)- Gentlemen, this is an extreme hard case; but
      we will ask the Assistant Barrister, at the Belmullet Sessions, for a full
      remonstration for this vexation and false charge. We shall process.
      At the close, and on the thronged court bearing the decision of the
      Magistrates, there was a loud burst of applause.
      I feel it due to remark that while in Belmullet I saw one venerable
      looking clergyman who seemed to feel much at this trial. I afterward
      inquired his name, and was told the Rev. Mr. Kelly; my informant adding,
      "Arrah, sir. It's a long day till he would be in the court makin' the like
      upon people."

      Cathy Joynt Labath
      Ireland Old News
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