Ballina, Co. Mayo
Wednesday, July 3, 1850
BALLINA QUARTER SESSIONS
These Sessions commenced on Wednesday last, before the Assistant
Barrister, M. O'Shaughnessy, Esq., and terminated on Monday last. There were
494 Civil Bills, 13 Replevins and 32 Electments entered for trial. The
number of indictments amounted to 100.
RIVER MOY FISHERY
Grehan a. O'Donnell
This was a case of civil bill for the recovery of £5 damages alleged to
be sustained by the seizure of the plaintiff's salmon rod by the defendant
on the 12th of June.
Francis Fall, examined by Mr. Peter Kelly- Knows the plaintiff Grehan
also knows Pat O'Donnell; has resided in Ballina for the last 41 years; has
seen persons at all times angling on the Moy; recollects 30 years; knows
where Grehan's rod was taken; witness angled there, and several others also;
witness never asked permission; about two years since he last angled; Grehan
has got license; his (plaintiff's) rod was seized on the 12th of June; a
good rod is worth about 1l.
Cross-examined by Mr. MacAndrew- Is 30 years fishing except a few years
he was absent from Ballina; was in the habit of fishing without asking
leave; was never examined and convicted of fishing in the close season, nor
in the open season; cannot say to whom the Fisher belongs; knows Mr.
Atkinson and Mr. Little to have the management of it; they have boxes for
fishing; Grehan was angling under the boxes; had a conversation with Grehan,
who told him he had asked leave from Mr. Little, but he would not give it to
him; never heard that there was necessity to have both leave and license.
John Gibbons, examined - Has resided in Ballina 50 years; is inclined
for angling, and has been angling on the Moy for 40 years; knows where the
plaintiff's rod was taken; the place is in the tide ways; received no
interruption in angling during 40 years; has known several to fish without
Cross-examined - Gave up fishing about two years ago; never ran from
any water bailiff; fished with flies generally, and never asked for leave as
he did not know to whom to apply.
Mr. Edward Atkinson, examined for the defense - Moy Fishery is at
present in the hands of Trustees for whom he has acted for about 15 years;
has frequently prosecuted persons for angling in the open season and
convicted them; it has been the practice for anglers to ask leave; Gibbons,
the last witness, did not ask leave and was refused, as he was considered a
poacher; it has not been the habit to angle in the Moy without leave; knows
this to be the case since he was a boy, except with those who violated the
law; sent waterkeepers after Gibbons who ran from them; until the Act of
1842 poachers were always prosecuted and convicted; but under that Act it
was necessary to have recourse to Records in superior courts, which could be
too expensive a proceeding against paupers. The Trustees of the River Moy
Fishery always exercised the exclusive rights of fishing, Grehan was not
summoned under the late Act, which gives magistrates power to fine, because
he gave up his rod. Grehan asked leave and was refused, which he (Grehan)
does not deny.
To the Court - The fishery is held by lease under a charter which
witness has seen. The only occasion on which the right of lessees was
questioned was in the case of Colonel Gore, which was tried at Sligo and
decided in favour of the lessees. On a former trial similar to this your
worship decided against the plaintiff on the evidence of Mr. Jones, who was
professionally engaged against Colonel Gore.
The Barrister said it would have been well if the judgment in the case
were produced, which he would hold at all times to be sufficient evidence of
the title of the lessees of the fishery.
Mr. MacAndrew here observed that the plaintiff asked permission to
angle by which act he disclaimed his own right and acknowledged the right of
The Barrister agreed with Mr. M'Andrew, and as all the difficulties of
the present case were removed by the plaintiff having asked permission to
angle, thereby acknowledging the right of the owners of the fishery to give
or withhold leave, he, therefore, must dismiss the case.
Michael Lynch a. Pat Kilbride
This was action of trespass against the defendant, who was a water
keeper, for having asked a rod and line, the property of the plaintiff, at
Coole ronane in this county.
The plaintiff proved the taking of the rod and line.
James Healy proved that the lands adjoining the river where the
plaintiff had been fishing belonged to the Hon. E.J. Perry, an owner in fee.
Mr. Thomas MacAndrew, on the part of the defendant, justified the
taking by proving that the defendant was water keep0er, and that he had a
right to seize alleged instruments used illegally. To establish that he
referred to the Act of the 5th and 6th Vic., cap. 106, sec. 84, and referred
also to secs. 69 and 71, of the same Act to show that even outside the
limits of a Several Fishery, created by charter, patent, act of parliament,
or prescription, no persons had a right to fish without permission in
writing of the owner in fee of the lands adjoining the lake or river where
the fishing takes place; and that in the absence of such authority, the
person so fishing was fishing illegally. In the present case the Hon. Mr.
Perry had been proved to be the owner in fee, and no written authority from
him could be produced.
Mr. Peter Kelly, on the part of the plaintiff, relied upon the
interpretation clause and indeed, upon almost every other clause in the
same. And to support the plaintiff's case.
The Assistant Barrister agreed with Mr. MacAndrew, in the view he took
of the law and dismissed the case on the merits.
Thomas Higgins, appellant, John Little, respondent.
The appellant had been convicted at the Petty Sessions of Foxford in a
penalty of £2 for having illegally fished with crosslines to which
conviction he appealed.
Mr. MacAndrew, on the part of the respondent, objected to the
recognizance which he submitted was insufficient, insasmuch as the appellant
was not thereby bound as required by the Act 5 and 6 Vic. cap. 106. sec. 99,
"personally to appear at said sessions to try such appeal and abide the
judgment of the court, and pay such costs and expenses at the justices at
said sessions might award against him."
The Court held that for the reason submitted the recognizance was bad,
and accordingly dismissed the appeal.
John Cassidy appellant, Same, respondent.
This appeal was brought under circumstances precisely similar to the
last. The same objection with the same result was raised by Mr. MacAndrew to
the recognizance in this case.
The Queen v. the Rev. Edward Murray.
This was an indictment at the suit of the Rev. Patrick Malone, Roman
Catholic Administrator of this parish, against the Rev. Edward Murray,
formerly Parish Priest of Kilfian, for interrupting religious worship in the
chapel of Kilfian, on Sunday, the 21st of April last. Mr. Walter Bourke,
crown solicitor, and Mr. Peter kelly consucted the presentation and
Counsellor Buchanan and Mr. Robert Paget Bourke appeared for the rev.
The jurors empanelled to try this case were Messrs. Thomas Hughes, John
Knox, Andrew Melvin, Richard Barret, Francis Fall, Andrew Johynt, Andrew
Barret, John Hopkins, Patrick Peaton, Martin M'Nulty, Charles Wilson and
James Bourke. Mr. Edward Masterson and Mr. Edward Robinson were challenged
by the Crown.
The Rev. Patrick Malone, examined by Mr. Bourke- Recollects the 21st of
last April. At the solicitation of Mr. Jordan and by the instructions of the
Bishop went on that day to the parish chapel of Kilfian or Kiacun. Witness
is a Roman Catholic clergyman, and Mr. Jordan is the parish priest of
Kilfian. When mass was concluded witness ascended the altar to preach when
he was interrupted by Mr. Murray, the traverser; scarcely had he one
sentence concluded when Mr. Murray placed a chair opposite the altar on
which he was standing; Mr. Murray stood on the chair and spoke with a loud
voice interrupting him (witness); used opprobrious epithets; does not
remember the whole of them, but called him (witness) a hireling; Mr.
Murray's loud speaking had the effect of rendering inaudible what he
(witness) was saying to the congregation; the congregation was assembled for
religious worship; witness wanted to preach but from the continued
interruption was obliged to desist; Mr. Murray used postures and raised his
hand but could not say whether in a menacing manner; Rev. Mr. Jordan was
present; he (witness) did not exchange one word with Mr. Murray; asked the
police who were present in the congregation to remove Mr. Murray until he
would finish his discourse; Mr. Murray used other opprobrious expressions
but witness does not recollect them; the chapel in question is the Roman
Catholic parish chapel; the Rev. Mr. Jordan celebrated mass that day.
Traverser's conduct threw the whole congregation into confusion that day.
Cross-examined by Mr. Buchanan - Knows Mr. Murray five or six years;
Mr. Murray is a priest but is not officiating; he (Mr. Murray) had a parish
in the diocese; he was parish priest of Kilfian; when he (witness) had
commenced to preach he had not concluded the first sentence when he was
Mr. Buchanan- Now, Mr. Malone, did you directly or indirectly allude to
Witness - I did indirectly, for my object in going to preach was to go
into Mr. Murray's case. Was the first time witness alluded to Mr. Murray in
that chapel; does not remember alluding to him elsewhere.
Mr. Buchanan - Did you not in the chapel of Ardnaree allude directly to
Witness - Will not swear that he did not directly allude to him;
witness went to Kilfian to caution the people against the dangers of
religion from listening to Mr. Murray. After the interruption witness told
the congregation that Mr. Murray was suspended; before that he told them
that he was sent by the Bishop to caution them of the dangers impending from
the conduct of a priest who had been suspended, and had not proceeded
further until he was interrupted; considering the reports then in
circulation the people might have known to whom he alluded.
Mr. Buchanan - Do you call the abuse of a clergyman religious worship?
Witness- I consider it to be my duty -
Mr. Buchanan- Give me a direct answer.
Witness- It will be necessary to give a definition of what you consider
Mr. Buchanan - Do you call the abuse of clergymen religious worship?
Witness - I consider the end of my observations religious instruction.
Mr. Buchanan- Was it religious worship in the strict language of your
Mr. Buchanan- Come, this is too bad.
Barrister - Is it according to the principles of the Roman Catholic
church that preaching is religious worship, or is all religious teaching
Witness- All religious teaching is not religious worship.
Mr. Buchanan - What text did you take?
Witness - A lecture does not require a text.
Cross-examination, continued - Saw Mr. Murray at mass at the chapel; he
seemed orderly enough; it is considered a mortal sin not to attend mass on
Sunday. Mr. Murray was doing what he could do by being at mass the Sunday in
question; can't say what time Mr. Murray entered the chapel; he (Mr. Murray)
attracted notice by his manner of reciting prayers and by his apparel, but
there was no disturbance during mass. Witness got instructions to go to
Kilfian; is not aware of instructions to allude to Mr. Murray in Ardnaree;
has an indistinct recollection that he made some allusion to him there with
Mr. Buchanan- Did you say that Mr. Murray was murdering his saviour by
Witness- I will not swear I did not!
Mr. Buchanan- Did you in Ardnaree make one of the same expressions?
Witness- I may possibly have done so, but I do not remember.
To the Court- Mr. Murray was not put out by the police who said they
could not do it without a riot.
Rev. John Jordan, examined by Mr. Kelly - Recollects the 21st of April
last; was at the chapel of Kincun; Mr. Malone came with him to the chapel
and was in the act of commencing to preach from the altar when Mr. Murray
ascended a chair opposite to he altar and said, be silent, you hypocrite,
you hireling, you reprobate, your liar and other words which escaped
witness's recollection; there was a great interruption and disturbance.
Cross-examined by Mr. Buchanan- Mr. Murray did not strike Mr. Malone;
but cannot say what his intention was when he held forth his hand; the Rev.
Mr. M'Cawley preceded witness in the parish and Mr. Murray preceded Mr.
M'Cawley; witness is more than four years in the parish; Mr. Murray is in
the habit of attending the chapel; he never interrupted witness; the
sacrifice of the mass is the religious worship, and the address is religious
instruction. During the performance of the services Mr. Murray did not
interrupt; there was no interruption until Mr. Malone commenced his address.
Patt Hart, one of the congregation at Kilfian chapel on the 21st of
April was next examined and deposed to the interruption of Mr. Malone's
address by Mr. Murray.
Mr. Buchanan, having argued that religious worship continued only
during the celebration of mass, was proceeding to address the jury, when
there appeared to be a disposition on both sides to have the matter arranged
without sending the issue paper to the jury. The professional gentlemen
having consulted a short time with their clients, it was mutually agreed to
proceed no further on the promise of Mr. Murray not to cause any more
interruptions in any of the chapels of the diocese. This promise was given
and one of the jurors was drawn and a nolle prosequi entered.
The following is a list of the convictions: -
Anne Crawford, larceny, three months imprisonment with hard labour.
Michael Kearney, ass stealing, six months' imprisonment, with hard
James Daly, larceny, one months' imprisonment with hard labour.
Anthony Hogan, larceny, three weeks' imprisonment.
Mat Staunton, larceny, three weeks' imprisonment.
John Farrell, larceny, twelve months' imprisonment with hard labour.
Catherine Murphy, larceny, five weeks' imprisonment with hard labour.
John Langan, larceny, ten weeks' imprisonment from committal.
Honor Laughny, larceny, six weeks' imprisonment from committal.
John Grier, larceny, second conviction, 7 years' transportation.
Pat Gordon, larceny, six weeks' imprisonment from committal.
Pat Gallagher, ass stealing, two months' imprisonment with hard labour.
Michael M'Eveely, ass stealing, two months' imprisonment with hard
John O'Donnell, ass stealing, two months' imprisonment with hard
John Cuffe, larceny, six months' imprisonment with hard labour.
Mary Grealls, felony, 7 years' transportation.
James M'Gowan, larceny, second conviction, 7 years' transportation.
Peter Stephens, pound breach, three weeks' imprisonment from committal.
John Hughes, malicious assault, two months' imprisonment with hard
Mary McDonnell, killing sheep, six months' imprisonment with hard
Margaret M'Donnell, like offence, six months' imprisonment, with hard
Austin M'Donnell, like offence, twelve months' imprisonment, with hard
Thomas M'Donnell, like offence, twelve months' imprisonment with hard
John Coleman, like offence, 10 years' transportation.
Owen Lavin, like offence, twelve months' imprisonment with hard labour.
Anne Gallagher, larceny, twelve months' imprisonment with hard labour.
Cathy Joynt Labath
Ireland Old News