Births
FLEURY -- March 17, at Castlecomer, Co. Kilkenny, the wife of Alfred E. Fleury, Esq., S.I., R.I.C., of a daughter.
GORDON -- March 19, at 6, Thorndale Avenue, Belfast, the wife of Mr. A. Gordon, Cookstown, of a daughter.
MOORE -- March 18, at 63, Apsley Terrace, Donegall Pass, Belfast, the wife of Andrew Moore, of a daughter.
MOORE -- March 16, Tirglasson, the wife of Mr. Wm. Moore, of a son.
NAPIER -- March 15, at Mulgrave House, Fulham, the wife of Hon. Mark F. Napier, of a son.
PRINGLE -- March 15, at 8, Longford Terrace, Folkestone, the wife of Major Sir Norman Pringle, Bart., of a daughter.
SYKES -- March 16, at 34, Grosvenor Place, London, Lady Sykes, of a son.
WYNDHAM -- March 15, at 42, Charlwood Street West, South Belgravia, London, the wife of Florance Wyndham, Esq., of a daughter.
Marriages
BATES--HANNAH -- January 21, at the residence of Benjamin Gilmour, Esq., Auckland, New Zealand, by the Rev. R. F. Macnicol, Stewart Bates, Opotiki, son of the late William Bates, Strabane, to Ellen, youngest daughter of the late Robert Hannah, Strabane.
CREASER--EAGAR -- March 18, at Beaulieu Church, by the Rev. James Silcock, Rector of Ballymakenny, Mr. Thomas Creaser, of Drogheda, to Maggie, daughter of Mr. Charles Eagar, Townrath, Drogheda, County Louth.
FULLER--BUNYON -- March 13, at Emmanuel Church, Clifton, Bristol, by the Right Rev. Bishop M'Dougall, assisted by the Rev. T. G. Luckock, M.A. Vicar, Dr. Joseph Fuller, Long Ashton, Somerset, eldest son of the late Ralph Fuller, Esq., Solicitor, of Skibbereen, County Cork, to Frances Anna, only daughter of George Runyon, Esq., Buckingham Vale, Clifton.
Deaths
GARDNER -- March 18, at High Street, Holywood, Robert Gardner, aged 79 years. His remains will be removed for interment in the Holywood burying-ground, this (Thursday) afternoon, at two o'clock. Friends will please accept this intimation.
HENRY -- At her residence, Neptune Hotel, Portrush, Jane Henry, aged 78 years. Her remains will be removed for interment in Macosquin Graveyard, to-morrow (Friday) morning, at eleven o'clock. Friends will please accept this intimation.
HILL -- March 16, at his residence, Daisy Bill, Banbridge, James Clibborn Hill. His remains will be removed for interment in the family burying-ground, Friends' Meetinghouse, Lurgan, this (Thursday) morning, at half-past nine o'clock.
NEILL -- March 18, at his residence, Ballymagee Street, Bangor, Hugh Neill, aged 88 years. His remains will be removed from his late residence for interment in the family burying-ground, Bangor, this (Thursday) afternoon, at two o'clock. Friends will please accept this intimation.
PEEL -- March 19, at Ben Neagh, Crumlin, Edward Andrew, eldest son of Jonathan Peel, aged 22 years. His remains will be removed for interment in Glenavy Burying-ground, to-morrow (Friday) afternoon, at one o'clock. His end was peace.
SNOWDON -- March 19, at Mount Pleasant, Bangor, Jane, the beloved wife of John Snowdon. Her remains will be removed for interment in the family burying-ground, Drumbo, on Saturday morning, 22nd inst., at eight o'clock, passing over the Albert Bridge about ten o'clock.
ASHBURNHAM -- March 13, the Lady Elizabeth Sophia Ashburnham, aged 92 years.
CARSON -- March 15, at his father's residence, 14, George's Street, Lagan Village, Belfast, Hugh Carson, aged 8 years.
CHAMBERS -- March 18, at Millbank, Leckpatrick, Samuel, second son of the late Rev. M. Chambers.
CROSSE -- March 17, at Southsea, Robert Grosse, Esq., aged 92 years.
DALWAY -- March 16, at 27, Pembroke Gardens, Kensington, London, Euphemia, widow of the late Marriott Dalway, Esq., of Bella Hill, Carrickfergus, aged 70 years.
GRIFFITH -- March 17, Ada, wife of Captain W. J. Griffith, Castle Neynoe, Collooney, Co. Sligo.
HOLDEN -- At Hamilton, Upper Canada, John Rose Holden, Esq., Q.C., and Mayor of the city, third son of the late Rev. Henry Augustus Holden, M.A., aged 57 years.
KANE -- March 19, at his residence, 86, Cullingtree Road, Belfast, Edward Kane.
M'INTYRE -- March 18, at Maghereagh, Mr. Robert M'Intyre, aged 54 years.
SIMPSON -- March 18, at his residence, 23, Kensington Street, Belfast, John Simpson, aged 66 years.
Clippings
ASSIZE INTELLIGENCE.
COUNTY ANTRIM.
CROWN COURT.
Mr. Sergeant ROBINSON took his seat in this court at half past ten o'clock.
THE FIRE AT RANDALSTOWN.
At the sitting of the Court,
Mr. PORTER, Q.C., brought under his Lordship's attention the circumstances connected with the claim for malicious injuries of Mr. Webb, of Randalstown, which was rejected by the Grand Jury by a majority of 10 to 8, the Grand Jury holding that the fire was not the result of malice. The facts of the case have already been fully stated in the News-Letter. Mr. Porter applied to his Lordship to allow the case to be tried by a petty jury.
Mr. ANDREWS, Q.C., stated the grounds of his opposition to the application.
His LORDSHIP, in giving his decision, said that this application, as Mr. Andrews had said, was virtually in the nature of a motion for a new trial; but he (his Lordship) was bound to see whether there were any circumstances which made it a proper case to be re-investigated before another tribunal. It was quite true the presentment sessions found that the injuries were not malicious, but, then, a peculiar thing took place in connection with the presentment sessions -- namely, subscriptions were raised in the barony for the purpose of opposing the application, and that was sufficient, to say the least of it, to throw a great doubt on the accuracy of that tribunal. He did not understand why the magistrates who took part in these presentment sessions did not do their duty. He was not satisfied with the investigation before the presentment sessions, for their decision came to him tainted with this, that there was some sort of confederation in that barony to avoid the money being paid out of that district. Therefore, the finding of that tribunal had not that weight with him (his Lordship) which it would have had under other circumstances. Then, another matter which should be noticed by him was that the Grand Jury only differed in a proportion of ten to eight on the question of whether there was malice or not, and that showed that there was, at all events, a large difference of opinion on the Grand Jury. If Martin gave the evidence which it was said he had given, the petty jury would be the proper tribunal to form an opinion as to whether it was true. It was a matter of grave consideration for a jury whether the injuries were malicious or not. Under all the circumstances, he would allow the case to be tried before a jury.
Mr. ANDREWS -- Will it be taken up at the end of the criminal business?
His LORDSHIP -- Yes.
Mr. Porter, Q.C.; Mr. Monroe, Q.C.; and Mr. W. H. Kisbey (instructed by Messrs. A. O'Rorke & Son) were counsel for the applicant; and Mr. Andrews, Q.C., and Mr. Dodd (instructed by Mr. Caruth, Ballymena) appeared for the cesspayers.
THE CASE AGAINST MR. THOMAS S. MAYNE.
Mr. PORTER said there was a case against the Messrs. Mayne, which was tried at last assizes, and in which the jury disagreed. Mr. Thomas S. Mayne stood out on bail till this assizes, and the charge was up to the present hanging over him. The other members of the firm had been discharged at the last assizes. Mr. Mayne was obliged to be in the Bankruptcy Court in Dublin on Thursday and Friday. He (counsel) had received a letter from one of the solicitors of the prosecutors, stating that it was not their intention to go on with the trial at the present time. Counsel having read the letter,
His LORDSHIP asked if this was a prosecution by the Attorney General.
Mr. PORTER -- No, my lord. It is in his name, but it is not a Crown prosecution.
Mr. W. H. Berryhill (solicitor) having identified the letter referred to as being in the handwriting of Mr. Wm. E. Armstrong.
His LORDSHIP said he would empanel a jury, and direct them to find a verdict of not guilty.
A jury having been sworn,
Mr. M'Cormick (Deputy-Clerk of the Crown) arraigned the accused on two indictments. The first was that he, on the 31st January, 1878, feloniously did steal three tons of mixed maize, the goods of Jonathan Phenix and John Houston. In a second count he was charged with having, on the 5th February, 1878, stolen six tons of mixed maize, and a third count laid the date on the 7th February, and the quantity at three tons. Then, in the second indictment, the accused was charged, that, on the 31st January, 1878, he stole the above-named quantities of grain, but laying the property as that of Jonathan Phenix and others.
The accused pleaded not guilty.
The prosecutors did not appear, and by his LORDSHIP' direction,
The jury returned a verdict of not guilty, and Mr. Mayne was discharged.
STABBING.
Samuel Suffern stood indicted for maliciously and unlawfully wounding John Ash, on 26th January, at Cremavey, and on a second count with inflicting actual bodily harm on the said John Ash, and on third count with a common assault.
Mr, Henderson, Q.C., and Mr. M'Mahon, Q.C. (instructed by Mr. Greer), prosecuted in this and the following cases; and Mr. M'Kane (instructed by Mr. Berryhill) appeared for the defence.
It appeared from the evidence of Ash that on Saturday night, the 25th January, he was attending an Orange lodge meeting at Killead. The meeting broke up at half past eleven o'clock, but he, in company with Joseph and George Lecky, remained in the lodge along with the keeper of the premises, named Beatty. They did not leave till three o'clock on the following (Sunday) morning. When coming along the road they heard a shout from a man named Hall that he was murdered. The voice seemed to come from the Cremavey Road. They turned to go in that direction, and when doing so met Samuel Suffern. He (witness) said, "Is that you, Sammy?" and Suffern made no reply. He then felt a sharp instrument striking him on the left side, and found that he had been stabbed by Suffern.
Other witnesses having been examined,
Dr. M'Kee and Dr. Taggart gave the medical evidence, which went to show that Ash was at one time in danger of losing his life from the effects of the stab.
Mr. M'KANE addressed the jury on behalf of the prisoner. He pointed out that Suffern, in all probability, had the knife in his hand when he met Ash, and that in what followed Ash, in all likelihood was accidentally wounded.
His LORDSHIP having summed up,
The jury found the prisoner guilty on the first count, with recommendation to mercy, on the ground that they believed the prisoner had the knife in his hand at the time he met Ash, and that he did not intend to stab him.
His LORDSHIP said he fully agreed with the verdict and opinion of the jury. There was no doubt that the prisoner got a great deal of provocation from Ash, and he (his Lordship) did not think that Suffern meant to stab Ash. The prisoner had a very good character, therefore, the sentence of the Court would be imprisonment for a fortnight. His Lordship afterwards informed Mr. M'Kane that if the prisoner gave £5 to the injured man he would be discharged at the rising of the Court.
UTTERING BASE COIN.
Hugh Ferris was indicted for having in his possession, on the 20th February, a number of false and counterfeit coins, including half crowns, two-shilling pieces, and sixpences. He was charged on second count with uttering the same, knowing them to be false,
Several witnesses were examined for the prosecution, and among them.
John M'Connell jeweller, North Street, who deposed to the material of which the coins were made, and proved that some of them were of pewter.
The jury found the prisoner guilty, and he was sentenced to two years' imprisonment with hard labour.
HAVING A MOULD FOR MAKING COIN.
Michael Barns stood indicted for that he, on the 22nd January, 1879, feloniously, and without lawful authority or excuse, knowingly had in his custody and possession one mould, adapted and intended to make and impress the figures and apparent resemblances of both of the sides of a piece of the Queen's current silver coin called sixpence.
A second count described the mould as being adapted to make the obverse side of a sixpence, and the third count as being adapted to make the reverse side.
The prisoner was undefended.
After hearing the evidence,
The jury returned verdict of guilty, and
His LORDSHIP passed sentence of two years' imprisonment with hard labour,
THE CHARGE AGAINST A POOR-RATE COLLECTOR.
The Grand Jury returned a true bill against Joseph Wilson for embezzlement.
RETURNING BILLS TO THE GRAND JURY.
At twenty minutes past three o'clock the Grand Jury came into court, when
Mr. CHAINE, M.P. (foreman) handed his Lord. ship three bills.
His LORDSHIP -- Who sent these bills to the Grand Jury without going through the Crown Solicitor?
Mr. M'CORMICK (Deputy Clerk of the Crown) -- Perhaps I can explain, my lord. At twenty minutes to three o'clock Mr. Rea came into court and informed me that he had sent up bills against Rev. Mr. Greene and others.
His LORDSHIP -- I will let no bills go to the Grand Jury without my permission. (To the foreman) -- You have nothing to do with them.
Mr. CHAINE -- Thank you, my lord.
Mr. M'CORMICK then returned the bills to Mr. Rea -- who had in the meantime come into court -- saying that he had been instructed to do so by the Court.
At a later period of the day, when there was no immediate business before the Court,
Mr. REA, addressing his Lordship, said that in the exercise of his undoubted right he had sent up to the Grand Jury three bills.
His LORDSHIP -- I deny your right without my sanction.
Mr. REA continued to address his Lordship, who said he would refuse to hear him unless he spoke to the matter in hand. Mr. Rea then said he would apply for leave to send up bills to the Grand Jury, and he would take the liberty of reading a sentence from Archibald's Criminal Law. After doing so, Mr. Rea said that on one occasion Mr. Boyd, Q.C., applied to Baron Fitzgerald, at Downpatrick, for leave to send up a bill in the case of a common assault, and the Baron told him that there was no use making the application as he had an absolute right to do so. Mr. Boyd permitted him (Mr. Rea) to send up the bill, which he did. The Grand Jury found both bills true, and there were convictions in both cases. In another case of assault counsel made application on his behalf to Chief Baron Palles, who enunciated the same doctrine, that there was no use making the application as he had an absolute right to do so.
His LORDSHIP -- What are the indictments?
Mr. REA -- One is an indictment by Charles Mooney against John Patrick Greene that he assaulted him on the 17th March and inflicted grievous bodily harm.
His LORDSHIP -- What are the other indictments?
Mr. REA said that the others were at his own suit for assault, and they were against Mr. John Charles O'Donnell, Mr. Edward Orme, and Mr. John Hamilton.
His LORDSHIP -- I won't let them go except through my permission.
Mr. REA -- I have no objection to that; I am glad to have your Lordship's permission.
His LORDSHIP, having examined the bills, permitted them to go to the Grand Jury.
The Grand Jury subsequently found a true bill in the case against John Patrick Greene, and in the other cases no bill.
ASSAULTING A SUB-INSPECTOR.
John and Catherine M'Niece stood indicted for that they, on the 14th February, 1879, did assault Gilbert Joseph Talbot, a sub-Inspector of the Royal Irish Constabulary, in the execution of his duty.
Mr. KISBEY, who appeared for the defence, pleaded guilty. It appeared that these parties were in their own house when the sub-inspector, who was looking for some man who had committed a crime, entered. The prisoners, thinking that he had no right to enter without a warrant, assaulted him, but the assault was of a very trifling description, and he believed the Crown were willing to let the prisoners stand out on their own recognisances.
Mr. HENDERSON having consented to this course on the part of the Crown,
His LORDSHIP discharged the prisoners, on the male prisoner entering into his own recognisances in the sum of £10 to keep the peace.
ASSAULT.
John Hamilton stood indicted for having wounded Bessie Travers on the 27th December, 1878; on second count he was charged with occasioning her actual bodily harm; and on a third count with common assault.
Mr. Kisbey (instructed by Mr. Harper) appeared for the defence.
It appeared that at the summer assizes of 1876 the prisoner was convicted on an indictment, and was allowed to stand out on his own recognisances to keep the peace.
Counsel for the Crown entered a nolle prosequi in the present case, and
His LORDSHIP passed sentence of one year's imprisonment, with hard labour, from the date of committal, in respect to the previous conviction.
WOUNDING.
John and Thomas Macaulay stood indicted for that they, on the 12th July, 1878, did wound one Elizabeth Kane. A second count charged them with occasioning her actual bodily harm; and third with common assault.
The prisoners pleaded not guilty, and were defended by Mr. M'Kane and Mr. Donnell (instructed by Messrs. Hans and R. J. M'Mordie).
Evidence having been given,
His LORDSHIP summed up, and
The jury, having deliberated for a short time, acquitted Thomas Macaulay, and found John Macaulay guilty of a common assault and not guilty on the other counts.
Thomas Macaulay was discharged.
Mr. Donnell produced Dr. Smylie, who gave the prisoner, John Macaulay, a good character.
His LORDSHIP then sentenced the prisoner to one month's imprisonment.
The Court adjourned at ten minutes past seven o'clock till half past ten o'clock this (Thursday) morning.
-- -- -- -- -- --
RECORD COURT.
[Before Mr. Baron Dowse.]
His Lordship took his seat in court at half-past ten o'clock yesterday morning.
THE CARRICKFERGUS ROBBERY CASE.
Thomas Mulvenny, a private of the 104th Regiment, who had been found guilty of robbery with violence, of a gold chain and locket, and whose sentence had been deferred, was put forward.
The captain of the prisoner's company was examined, and said that the prisoner had an indifferent character. He had been imprisoned for twelve months for desertion, and was reduced from the rank of a sergeant to a private in consequence of drunkenness.
A sergeant, 104th, who had been examined on the previous day, stated that the prisoner was convicted once for desertion, and tried once for drunkenness. There were two or three other cases of drunkenness against him.
His LORDSHIP sentenced the prisoner to twelve months' imprisonment.
The prisoner was then removed, and
His Lordship resumed the hearing of the
APPEALS.
ANN JANE M'CURDY, ARCHIBALD TODD, AND JOHN CONNOLLY, APPELLANTS; JOHN CUNNINGHAM, RESPONDENT.
This was an appeal from a dismiss granted in an ejectment process in the court below. The dispute was in respect to part of the lands of Drumnagree, and the question at issue turned upon certain wills transferring the lands referred to.
Mr. Dodd (instructed by Mr. Thos. G. Carson) appeared for the appellants, and Mr. Monroe Q.C., and Mr. Orr (instructed by Messrs. Cramsie & Greer) for the respondents.
His LORDSHIP gave a decree for possession.
SUB-CONSTABLE PETER M'CABE, APPELLANT; JOHN KANE, RESPONDENT.
This was an appeal from by the Recorder in decree for £2 granted case in which John Kane was plaintiff, and sought damages for injuries alleged to have been done to him in a riot on the 22nd June last, at Carrick Hill, on the occasion of the Rev. Hugh Hanna's Sunday-school procession.
Mr. Porter Q C. (Instructed by Mr. M'Mordie), appeared for the appellant; Dr. Boyd, Q.C. (instructed by Mr. Macaulay), for the respondent.
Dr. BOYD, in opening the case for the respondent, said that on the 22nd June there was a Sunday-school procession belonging to the Rev. Hugh Hanna's church. The procession came up Donegall Street and past Carrick Hill, and his client was on the other side of the road. The procession was attacked, but his client did not take part in the attack, for if there was any tendency one way or the other he was more likely to sympathise with the processionists. The police rushed across the street, and the appellant M'Cabe shoved him, and on asking what was that for he struck him with his baton on the head, and rendered him insensible, so that he had to be taken to the Royal Hospital, and was prevented from working for some weeks in consequence.
John Kane, the respondent, was examined, and deposed that he met the procession at the White Linen Hall, and accompanied it up to Carrick Hill. There was some scuffle about the flags, and witness was looking over the heads of the people to see what it was about, when the appellant gave him sudden drive from behind. He said to the constable that he did not see any occasion for that, when he looked into witness's face three or four seconds and then struck him down.
His LORDSHIP -- What were you doing?
Witness -- Walking peaceably up the street.
To Dr. BOYD -- I became insensible, and was taken to the Royal Hospital, and, after having my wound dressed, as I was in the gatehouse, a man named M'Naul drew my attention to the appellant. I asked the appellant M'Cabe his name, and he refused to give it. I went to Donegall Street Barracks to get his name, but could get no information. I had got the number of the appellant, 265, from Mr. M'Naul, and I went to Mr. Baille and he told me that the appellant was the man who was so numbered. On Monday morning I went for the information, and on Thursday evening I got a summons for being one of a riotous and disorderly mob, and that was afterwards changed to "assaulting person unknown." The case was dismissed.
Witness was cross-examined by Mr. PORTER.
Charles M'Naul deposed to being present on the occasion of the assault, and saw the policeman strike Kane with his baton, though Mr. Kane was doing nothing at the time. He took the number of the constable, and M'Cabe was the person who committed the assault.
Wm. Henry Irvine deposed to seeing M'Cabe come over to Kane, who was near North Queen Street, and strike him on the head with a baton, He was then doing nothing.
Robert Butler swore that he was standing on the railing outside the old workhouse. Kane was standing at the North Queen Street side, and there was no riot going on at that side.
Joseph Stephenson stated that he returned with the procession from the railway station. There was no rioting going on at the North Queen Street side of Clifton Street. He saw M'Cabe knock Kane down, and witness linked him to the hospital.
Rev, Hugh Hanna deposed to the nature of the procession, and the mottoes on the banners, and said his Sunday-school children always went out on the arrangement that no one was to be insulted. On coming to the corner of Carrick Hill an attempt was made to take two flags.
In reply to Mr. PORTER,
Mr. Hanna said that this was the first time riot had occurred in connection with his Sunday-school.
Mr. PORTER then stated the case for the appellant (Sub-Constable M'Cabe), urging the fact that a most serious riot was going on at the time at Carrick Hill, and had been going on for half an hour previously. This man was on the street at the time, and an order was given to clear the streets. The appellant accepted the responsibility of being there while a most serious riot was taking place, and had to abide by it. The sub-constable went over to him, and simply pushed him, and, beyond all doubt, that was the only interference with Kane on the part of the constable. It could not have caused the injury, and they would prove that the injury was caused by a person other than the appellant.
Sub Constable M'Cabe, examined by Mr. PORTER deposed to being on duty at Carrick Hill that evening, and that a most serious riot was going on. On the attack being made on the two flags witness was ordered by his superior to clear the street. The plaintiff Kane was pushing and shoving, and witness shouted to him to clear off the street, and gave him a slight push, and struck him lightly with the baton on the shoulder. Just at the time witness got a blow of a stone or piece of a bottle in the eye, and had to go then to the hospital,
Witness was cross-examined by Dr. BOYD,
Head Constable Goff gave details in evidence of the riot on the occasion in question. As the riot was a serious one, and stones were coming from Carrick Hill and North Queen Street, witness directed those under his charge to disperse the people. A number of roughs who accompanied the processionists threw stones, but he did not believe that the processionists did. There was a shot fired.
Constable John Moore deposed that the riot was the worst he had seen in fourteen years' experience. The police were injured in great numbers.
Constable Drout gave corroborative evidence.
Constable Bailie said he was in charge, and party of police was in front of the procession. As the procession came to Donegall Place there was boohing. They boohed again in Bridge Street, opposite Messrs. M'Hugh's. (Laughter.) Opposite the News-Letter they commenced to cheer, (Continued laughter.) At Mr. Nelson's meeting-house they boohed again. (Laughter.) At Mr, White's they cheered, and when they came to St. Patrick's Chapel they again commenced to booh. (Laughter.) Parties then began to booh at Carrick Hill, and stones were thrown. Parties came from the front of the procession, and the attack was made from Carrick Hill, and a riot ensued, the like of which he had never seen before in Belfast. There were some first class army reserve men there, who joined with the crowd in pelting the police. Witness used his baton.
Mr. Thynne, R.M., deposed to the crowd accompanying the procession having boohed at St. Patrick's Chapel, and the people at Carrick Hill having cheered. Stones were then thrown, and a serious riot ensued. The processionists themselves did nothing, but the crowd of persons who usually accompany such demonstrations did.
Rose M'Glennon, Sussex Street, said she saw Kane in the crowd. He was drunk, and was pushing some dark visaged man. It was him who struck Kane, and not M'Cabe.
Patrick Armstrong said he saw Kane struck, and that it was a dark-visaged man who strack him.
To Dr. BOYD -- I never gave that information to Kane.
A sub-constable having proved that a pistol was found on the street,
Kane was recalled and also M'Naul, and contradicted the evidence given.
Kane denied that he was drunk, M'Naul, in answer to his LORDSHIP, said he took the number of M'Cabe at the time in his notebook. He had the book at home.
His LORDSHIP directed him to go for the book.
On M'Naul re-entering court, he said that he could not find the book in which he had put the number.
Mr. PORTER was about to cross-examine the witness, when
His LORDSHIP said he did not think he need cross-examine him.
Dr. BOYD addressed his Lordship, and submitted that the decree in this case ought to be affirmed.
His LORDSHIP said there was no doubt that good deal of time had been occupied, but he was not inclined to say unnecessarily, by both the appellant and the respondent. Kane appeared to him to be a most respectable young man, and he did not doubt what he (Kane) had said in the slightest degree, and if the case depended upon his testimony alone he would not have the least hesitation in acting upon it to the fullest extent. He (Kane) was walking with this procession, and doing what was perfectly within his rights. This procession was a peaceable procession; there was nothing about it calculated to excite or create breach of the peace, or provoke animosity in the mind of any person who had a mind at all. It was a Sunday-school procession, with banners bearing inscriptions, some of them taken from Scripture, organised and under the control of well-known and energetic and active clergyman of this town. His Lordship was perfectly certain that neither he (Mr. Hanna) nor any person connected with the Sunday school had any desire to provoke any animosity in the minds of any of her Majesty's subjects. He (his lordship) had some experience of the riots which had taken place in Belfast. These processions, innocent in themselves, were frequently the occasion of displays of animosities of a most unchristian description; they might be the acts of Protestants or Catholics, but the parties engaged in these were not Christians -- he meant the people engaged in rioting, not the people engaged in processions. On this occasion there was a riot; a body of evil disposed people attempted to take a flag from this procession, and the police, whose duty it was to protect the passersby, were largely engaged in difficult operations, and the result of it was that they themselves were attacked with stones. He had no doubt that M'Cabe was there along with other men. The evidence satisfied him that there was a riot going on, and he was also satisfied that Kane had no part in that riot. There was an immense body of people there who were inclined to behave very badly, and batons were used. He was not inclined to say that the police had no right to use the batons, but this was not the defence here, and that the baton was properly used against the man, but the defence is that the constable before the Court was not the man who struck him. He believed that Kane was a peaceable man, that he sustained severe injury, and £2 was not sufficient compensation, but he was coerced to say in this case that he was not satisfied that the man who struck him was M'Cabe. He did not believe M'Naul. When mentioned about that book he was determined that he should produce the book. He believed that the reason he could not get the book was that no such book existed. He believed Kane to be truthful and truth telling man, and he (his lordship) was exceedingly sorry that he sustained the injury. He believed that the boy and the girl were telling the truth, and that it was not M'Cabe who struck. Whoever struck the blow under the circumstances committed an outrageous and illegal act. If a policeman he was entitled to maintain the peace, but he was not entitled to use his baton in the way that some policeman did in this case. He was only sorry that he had not the proper policeman before him (his lordship) If he had he would give ten times the amount of £2. His lordship concluded by reversing the decree of the Court below.
JOHN ROBB & ALEXANDER ORR REID, APPELLANTS; DAVID M'CRACKEN, RESPONDENT.
In this case a process was brought in the Recorder's Court by the appellants to recover the sum of £25 rent of premises in Carrick Hill. The Recorder dismissed the process on the merits, and against this decision Messrs. Robb & Reid appealed.
Dr. Seeds, Q.C., and Mr. Bruce (instructed by Mr. Seeds) appeared for the appellants; and Mr. Monroe, Q.C. (instructed by Mr. M'Erlean), for the respondent.
His LORDSHIP, after hearing evidence on both sides, confirmed the decision of the Recorder.
The Court adjourned at six o'clock till half-past ten this (Thursday) morning.
=========================
POLICE INTELIGENCE:
Custody Court-Yesterday (Before C.D. Clifford Lloyd, Esq., R.M., and J.C. O'Donnell, Esq., R.M.)
ASSAULTING THE POLICE:
Bernard M'Meehan was brought up in custody of Sub-Constable Niblock, charged with being drunk and disorderly on the Old Lodge Road the previous day. Sub-Constable Niblock said he arrested the prisoner for being drunk and disorderly, and boohing(?)the police. When passing the end of Millfield he called out: 'Was there no one to take notice of him?'. After he had gone a few perches down North Street he threw himself down and kicked the constable, who had to get two civilians to assist him. About two perches down further down the street he again threw himself down, and assaulted another constable who came to Niblock's assistance.
His Worship sentenced him to one month's imprisonment for being drunk, and two months for each assault.
STONE THROWING IN SMITHFIELD:
Two young men names Wm. H Smith, and Patrick Mallon, and a woman named Mary M'Cullough, better know in the area as 'Home Rule Mary', were brought up in custody of Sub Constable Magowan, charged with being drunk and disorderly in Millfield, and using party expressions.
Sub Constable Magowan said that Smith and M'Cullough were drunk in Millfield. Passing the end of Brown Street where a crowd had collected, who had been throwing stones at another crowd in Brown Street, they shouted for Home Rule and in consequence were arrested. When arrested the crowd in Millfield followed them and stoned the police until they got to Divis Street Barracks. Mallon appeared to be the leader of the crowd, and took up several stones which he put in his pockets, and afterwards threw at the police.
His Worship ordered Smith to be arrested for fourteen days; M'Cullough, against whom there were thirty-three convictions, for one month, and Mallon, who, he said, had appeared to be the ringleader of a mob that took it on them to stone the police in the execution of their duty, for six months.
PARTY EXPRESSIONS:
A man named John Donnelly was brought up in custody of Head Constable Collins charged with being drunk and using party expressions in Ballymacarrett, the previous evening. Head Constable Collins said that the prisoner was drunk at the Bridge End, Ballymacarrett, and was cursing King William at the top of his voice. His Worship ordered him to be imprisoned for one month with hard labour.
THE SMITHFIELD RIOT:
Bernard M'Anulty was brought up in custody charged with riotous conduct in Smithfield on Monday morning last.
Mr M'Lean prosecuted.
Mr Thomas Hamilton, R.M., said that on Monday morning as the crowd was attempting to force their way past the police in West Street, a small party came down the street with a band and flag. Those in front were driven back a short distance , and the party were allowed to pass through the line of police into Smithfield. The mob in Smithfield attempted to force their way through the police, who were stoned by the people in West street and from the houses. Mr Gardiner, S.I., came down West Street with the mounted police and drove the mob back into Smithfield. They were then driven back by furious volleys of stones, many of which struck the men and horses. Mr Gardiner reformed his men two or three times and charged the mob into Smithfield, the stone throwing continuing all the time. Several of the men under Mr Fulton, S.I., were struck with large stones, and witness was twice struck. A constable was standing near him when two pistol shots were fired by the mob, and that constable he subsequently saw with a bullet wound in his arm, which witness believed he received at the time. The Riot Act having been read, the police were ordered to fire single shots at the ring-leaders, who were then engaged in stone-throwing. The rioting was at that time very serious, and he conceived that the lives of the men were more or less in danger. After the third shot was fired, orders were given to cease firing. So far as he saw no person was injured by the firing.
Prisoner -- Did you see me there?
Mr Hamilton -- No, I can't say that I did.
Prisoner -- Well, I saw you there; and you did your duty well, both to the police and the people. (Laughter.)
Mr Hamilton -- I am much obliged to you.(Laughter)
Constable James Corbally said that the stones used by the mob were very large. He saw the prisoner in the mob, and told him he knew his name, and had his eye on him. He was in the front rank of the procession, and endeavouring to force his way through the police.
Prisoner -- Did you see me doing anything?
Witness -- I saw you trying to force your way through the police.
Sub Constable Wm. Hughes also identified the prisoner, having seen him in the front of the party.
The prisoner was returned for trial at the assizes.
RIOT IN MILLFIELD:
Two boys, named John Sullivan and Edward Havelin, were charged with riot in Millfield as the procession was returning on Monday evening.(*The rest of the article describes similar scenes as above).
EMBEZZLEMENT:
A respectable-looking man named James Magee, who had been for some time the manager of the Belfast Working Men's Institute, was charged with the embezzlement of £11 0s 6d, the property of the trustees of the institute. Mr Harper prosecuted.
The prisoner pleaded guilty, and stated that there had been a great deal of sickness in his family, and that three deaths had occurred in the last year. He had taken the money as a loan, with the intention or repaying it, and when he found that he was unable to do so he surrendered himself. It was because of this tribulation in his family that he had taken the money.
The prisoner was sentenced to six calendar months imprisonments.
THE CASE OF THE STABBING IN NORTH STREET:
A little boy names John M'Cracken was brought up in custody of Acting Constable Slowey, charged with stabbing another boy named Henry Kane, in North Street, the previous evening.
From the evidence of a boy named Albert M'Cullough, it appeared that the prisoner was in North Street and went to Brown Square, from which he returned with several other boys, one of whom stabbed Kane.
Two other boys were examined, and said that they heard the prisoner say to the boy who inflicted the wound: "That's the way to do it". One of the them stated, in addition, that he saw the prisoner give something -- what he could not say -- to the other boy.
His Worship remanded the prisoner for a week.
STONING THE POLICE:
A man named Edward Quinn, and Nancy Quinn, his wife, were brought up in custody of Sub Constable Thompson, charged with stone-throwing in Kent Street the previous day.
After hearing the evidence, his Worship sentenced Edward Quinn to be imprisoned for two months and the other prisoner for one month.
John Martin was brought up in custody of Sub Constable Christy, charged with throwing stones at the police at the head of North Street, the previous evening.
Sub Constable Christy said that in consequence of the news of the boy being stabbed spreading through the neighbourhood, large crowds collected in the streets in the vicinity, and it required the greatest efforts on the part of the police to prevent a collision. Stones were thrown at the police by a crowd which they had several times dispersed, and in which the prisoner was arrested.
His Worship said that others had that day got six months imprisonment for the same offence, but in a more aggravated form. He would be imprisoned for two months.
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SHIPPING INTELLIGENCE:
Wind--N.E.
ARRIVED AT THIS PORT ON THE 19TH INST.
The Mercury ss, Harvie, from Bordeaux, via Dublin; general cargo; to order; J.C.Pinkerton, agent.
The Bertha ss, M'Gregor, from Dunkirk; general cargo; to order; Henry Gowan, agent.
The Scotia, Howells, from Carnarvon, with slates.
ARRIVAL OF COAL-LADEN VESSELS:
The Mary Jane, from Maryport; the Storm Nymph and Thomas Connolly, from Whitehaven; the Black Diamond ss,from Troon; the Lizzie Gardner ss, from Glasgow.
SAILED FROM THIS PORT ON THE 19TH INST.
The City of Amsterdam ss, Walsh, for Antwerp, via Whitehaven.
The Mercury ss, Harvie, for Bordeaux, via Glasgow.
The Bertha ss, M'Gregor, for Dunkirk via Glasgow.
The barque, Chieftain, Fulton, for Baltimore.
The barque, Exile, Pearce, for Philadelphia.
The John Given and John and Mary, for Ayr.
The Franchise, for Maryport.
ARRIVED:
At New York, March 8, the Frederikke Louise, Espersen(?), from Belfast.
At Glasgow, March 18, the ss Marquis of Lorne, Browning, from Cadiz, via Belfast.
At Queenstown, March 18, the Aden, from New York, for Newry.
SAILED:
From Leghorn, March 18, the Angeline, Bricquet, for Belfast.
From Fortress Monroe, March 3, the Beethoven, Smith, for Londonderry.
From Fortress Monroe, March 3, the Noel Knowlton, for Belfast.
From Fortress Monroe, March 3, the Onni, Dalhberg, for Belfast.
From Fortress Monroe, March 5, the barque, Village Belle, Wright, for Londonderry.
From Baltimore, March 4, the barque Cyprus, Parker, for Londonderry.
From New York, March 18, the Star of Italy, Shaw, of Belfast, for London.
CLEARED:
From Baltimore, March 3, the barque Mary J. Baker, Sproul, for Belfast.
PASSED:
East of the Lizard, March 18, the ss City of Rotterdam, Jeffares, from Belfast, via Barrow.
CASUALTY:
Havre, March 15.--The wreck of the Hattie Goudey has grounded on one of the banks innSt. Saveur Bay, to the east of Honfleur. Pieces of the wreck continues to be landed, as also such portion of the cargo as can be got out.