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!! Ballina Chronicle; July 3, 1850

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  • Cathy Joynt Labath
    BALLINA CHRONICLE Ballina, Co. Mayo Wednesday, July 3, 1850 BALLINA QUARTER SESSIONS These Sessions commenced on Wednesday last, before the Assistant
    Message 1 of 2 , Aug 4, 2006
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      BALLINA CHRONICLE
      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
      leave.
      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 proprietors.
      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.

      APPEALS

      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.

      MONDAY.
      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.
      defendant.
      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
      interrupted.
      Mr. Buchanan- Now, Mr. Malone, did you directly or indirectly allude to
      Mr. Murray?
      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
      Mr. Murray?
      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
      religious worship.
      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
      church?
      Witness hesitated.
      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
      religious worship?
      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
      others.
      Mr. Buchanan- Did you say that Mr. Murray was murdering his saviour by
      celebrating mass?
      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
      labour.
      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
      labour.
      John O'Donnell, ass stealing, two months' imprisonment with hard
      labour.
      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
      labour.
      Mary McDonnell, killing sheep, six months' imprisonment with hard
      labour.
      Margaret M'Donnell, like offence, six months' imprisonment, with hard
      labour.
      Austin M'Donnell, like offence, twelve months' imprisonment, with hard
      labour.
      Thomas M'Donnell, like offence, twelve months' imprisonment with hard
      labour.
      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
      http://www.IrelandOldNews.com/
    • Cathy Joynt Labath
      BALLINA CHRONICLE Ballina, Co. Mayo Wednesday, July 3, 1850 PERILS OF DISSECTING IN THE PROVINCE - From 12 o clock yesterday morning until nearly 11 at night,
      Message 2 of 2 , Aug 6, 2006
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        BALLINA CHRONICLE
        Ballina, Co. Mayo
        Wednesday, July 3, 1850

        PERILS OF DISSECTING IN THE PROVINCE - From 12 o'clock yesterday
        morning until nearly 11 at night, very considerable excitement existed
        amongst the inhabitants of Cashel, in consequence of the discovery of a dead
        body in a house in Friar-street, in which a body (that of a female) a Mr.
        John Phelan, a Mr. Denis Molony, and _____ Carrigan, were operating. The
        latter young man is a medical student from Carrick, the second named person
        is an apprentice to Surgeon Coffee, of Cashel. The smell emitted from the
        house was most offensive and bitterly complained of by the neighbours. Some
        time before one o'clock Police Sergeant Lyons got into the house by the
        rear, while more of the police and their chief, Joseph Cox, Esq. got by
        means of a ladder through the windows; having arrested the above named
        operators, the police remained in charge of them and the body (one of the
        arms was separated) until the return of the resident magistrate, the Hon.
        Mr. Ffrench, who was absent on duty in Fethard; the prisoners were brought
        before him about 9 o'clock; and after an investigation, they were committed
        to the bridewell until they should enter into bail; during the
        investigation, Mr. John Phelan said he was the person who purchased the body
        for 10s., for the purpose of dissection; that he purchased it from a man
        whom he did not know, and who said it was the body of a friend of his, whose
        relatives had not the means of procuring a coffin; meantime a herd has been
        lodged in bridewell, who, it is said, knows something of the disinterment of
        the body. During the time the accused were escorted from Friar-st. to the
        bridewell, an immense crowd followed, screaming and shouting, and it was
        supposed that the mob would have attacked the house where the accused had
        the corpse, but that the police had so timely arrived. It was intended to
        hold an inquest and for which purpose the coroner was sent for; but after
        his arrival, evidence of taking the body from the coffin was produced. The
        accused are, therefore, to be tried at the present sessions. They are not
        yet bailed.--Clonmel Chronicle.

        DEATH FROM DROWNING - On yesterday a most serious and melancholy
        accident occurred in the Douglas channel under the following distressing
        circumstances:- It appears that in the course of the above day, young Mr.
        Halburd, son of the Rev. Mr. Halburd, went to bathe in the Douglas river,
        accompanied by a young friend. Mr. Halburd, having undressed, leaped in into
        the river, when it unfortunately happened he was carried out of his depth by
        a strong eddy which runs in that particular part of the river. His companion
        seeing him unable to contend against the tide then flowing, plunged in to
        rescue him, but after struggling for some time, with great courage, he
        became exhausted, and was obliged, in self defence, to make the shore, where
        he procured a boat, and put out again in search of his friend, but too late
        to render any assistance, as the body did not again rise. We understand that
        Mr. Halburd was a young gentleman of the most kindly disposition and amiable
        manner; and respected by all who knew him. He had only returned home on the
        day previous from College, to spend the vacation with his family. To the
        young gentleman, who was well nigh becoming a sharer in the unhappy fare of
        his friend, great praise is due for his courageous exertions in attempting
        to rescue his companion from a watery grave; so exhausted was he that after
        failing in his exertions he fell off in a swoon, and lay in a state of
        insensibility in the boat, until he was perceived by some persons walking on
        the railway, when he was restored and conveyed home. The body of Mr. Halburd
        was found on last evening, about half past two o'clock.--Southern Reporter.

        THE IRISH INVASION - At a meeting of the Cardiff council on Friday, the
        Mayor stated that an Irish master mariner had been fined £20 for bringing
        over 68 poor wretches without having any accommodation for them whatever.
        The vessel was nearly filled with oats, and these poor creatures were
        obliged to be huddled about the deck or anywhere -so that if bad weather
        came on, some of them, at least, must have perished. At the suggestion of
        the dockmaster, the coal proprietors had entered into an engagement (as at
        Newport) not to supply coal to any vessel in which Irish paupers had been
        brought over.--Cardiff and Northern Guardian.

        Cathy Joynt Labath
        Ireland Old News
        http://www.IrelandOldNews.com/
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