Birth
ANNETT -- January 10, at Fernbank, Tandragee, the wife of James J. Annett, of a daughter.
CARLILE -- January 14, at Houston, Scotland, the wife of Capt. David Carlile, jun., of a daughter.
DONALDSON -- January 15, at 50, Kelvingrove Street, Glasgow, the wife of Wm. A. Donaldson, of a daughter.
DUNCOMBE -- January 12, at Harley Street, London, the Lady Katherine Duncombe, of a son.
JONES -- January 12, at Milton House, Buckingham Road, Brighton, the wife of the Rev. Alfred Jones, of a son.
MURPHY -- January 17, at Glenburn, Dunmurry, Mrs. Isaac J. Murphy, of a daughter.
M'ALEENAN -- January 17, at Belfast, the wife of Mr. James M'Aleenan, of a son.
M'CARTHY -- January 17, at 7, Brougham Street, Belfast, Mrs. John M'Carthy, of a son.
O'NEILL -- January 11, at 44, Stanley Streek, Belfast, the wife of Mr. George O'Neill, of a son.
SUDLEY -- January 13, at Hertford Street, Mayfair, London, the Viscountess Sudley, of a daughter.
Marriages
ADAIR--KNOX -- November 30, at the residence of the bride's uncle, Nelson Street, Melbourne, by the R. F. M'Nicholl, W. R. Adair, second son of the late Mr. Hugh Adair, Springhill, Bangor, Co. Down, to Margaret, only daughter of the late Mr. John Knox, Dunluce, Co. Antrim.
ROBERTON--PILLING -- January 17, at Carnmoney Church, by the Rev. G. C. Smythe, M.A., R. D. Roberton, of Glasgow, to Annie, daughter of Robert Greenhill, of Thronemount, Co. Antrim, and widow of the late Thos. Pilling, of Glasgow.
Deaths
BOYD -- January 17, at her residence, Market Square, Crossgar, Dorcas H. Byd, third daughter of the late Mr. Adam Boyd. Her remains will be removed for interment in Kilmore Church Burying-ground, on to-morrow (Wednesday) morning, at eleven o'clock precisely. Friends will please accept this intimation.
BRADSHAW -- January 16, at Lisadian, near Hillsborough, Charlotte, wife of Mr. Edward Bradshaw, aged 7[0] years.
COUSINS -- January 15, at 95, Donegall Street, Belfast, Alfred, son of Robert Cousins, aged 1 year.
CUFFE -- January 14, at Catharine Street, Waterford, Susanna, widow of the late John Cuffe, Esq., Barrister-at-Law, of Darbystown, Co. Kilkenny, and daughter of the late John Lymbery, Esq., of Kilcop, Co. Waterford, aged 93 years.
DUCKETT -- January 11, at Dinan, France, Thomas Moreton Duckett, Esq., only son of the late Willian Duckett, Esq., Upper Mount Street, Dublin.
HILL -- January 16, at Creevytennant, after a lingering illness, Margaret Jane, wife of John Hill, aged 71 years.
KIRKPATRICK -- January 16, at Rotterdam Street, Belfast, John, only son of Mr. John Kirkpatrick, aged 7 months.
LOCKHART -- January 17, at Ulsterville, Belfast, Margaret, youngest daughter of Alexander Lockhart, aged 2 years and 2 months.
MOORE -- January 10, at 2, Dale STreet, Belfast, Thomas, second son of Hugh Moore, of Carrickfergus, aged 34 years.
M'FADDEN -- January 14, Mr. William M'Fadden, of Ballymacarrett, aged 49 years.
STRICKLAND -- October 20, at Ahany, King George's Sound, Western Australia, the wife of William Henry J. Strickland, and daughter of David Crossett, of Portglenone.
Clippings
THE LATE EXPLOSION AT THE FRIENDS' INSTITUTE. -- Mr. and Mrs. Daniel, the caretakers of the Friends' Institute, who were injured by the recent gas explosion at that place, were yesterday discharged from the General Hospital, perfectly recovered.
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RESCUE FROM DROWNING. -- Late on Saturday night, a fireman belonging to one of the steamers stumbled and fell into the water at Prince's Dock, between the wharf and the vessel. He was rescued by Harbour-Constables Somers and Armstrong. He sustained little injury, and was able to go on board his vessel.
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COALS. -- For the past two days several vessels, coal-laden, have arrived at this port. The supply, although not amounting to a scarcity, is still limited.
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ACCIDENT ON BOARD THE HISTORIAN. -- Yesterday, a mechanic, who was engaged in fitting up the machinery in the new ship Historian, at present lying at Prince's Dock, fell on board, and received some slight injuries; but, after some time, he was able to proceed to his lodgings.
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PICKING POCKETS AT THE QUAY. -- Last evening, as a lady was about to go on board the Fleetwood steamer, she discovered that her pocket had been cut from her dress. It contained about £20 in gold, a silver watch and chain, and a through first-class ticket from Dungannon to Kensington, London. The lady was accompanied to the steamer by a friend, and the matter was reported to the police, by whom every exertion was made for the recovery of the lost property, but without success. The lady proceeded on her journey.
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FIRE. -- Last night, about half-past nine o'clock, information reached the Police Office that a fire had broken out in the upper story of the house, 4, Donegall Street, occupied by Messrs. Stoddart, Bros., tailors. The brigade, with engine, tender, and escape, under Mr. Reilly, were soon in attendance, and in a few minutes the fire was extinguished. Very little damage was occasioned, except what was caused by the water. Mr. Wm. Mullan, J.P.; Head-Constable Lamb, Head-Constable Bodley, and a party of police were present.
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ANOTHER FIRE. -- This morning, shortly before one o'clock, another fire occurred; but Mr. Reilly and the brigade were promptly on the spot, and arrested it almost at its commencement. It appears that a fire was discovered in the spirit-shop of Mr. Henry Peter O'Rorke, 50, Mill Street. The alarm was at once given at the Police Office. A wooden partition on the ground floor, forming the side of a drinking-box, had caught fire. The damage was inconsiderable, as the application of a jet for a few minutes put out the rising flame. The premises are insured. Mr. Vance was in attendance. Head-Constables Lamb and Dunn were also present, with a number of police.
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CIVIL SERVICE OF INDIA. -- At the third periodical examination of the candidates selected in 1868, we are glad to observe that Mr. J. Monteath, M.A., of this town, has taken the first place in Gujarati and Marathi languages. His marks stand in all the examinations 6,342, and has the eighth place amongst the fifty competitors.
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AN ATTEMPT TO RE-OPEN HUDSON'S ENTRY. - Yesterday, about one o'clock p.m., a number of men appeared in North Street armed with sledge hammers and other implements, and set about re-opening Hudson's Entry. They had not long began their operations when a number of those in the immediate locality offered strong opposition. After some tall talk on both sides the parties retired, but moving round to the other end, where Hudson's Entry enters into Ritchie's Place, they pulled down the wooden barrier erected at that end. This attempt to re-open what had been closed is giving rise to some dissatisfaction; for, as it had been a hot-bed of robbery and dissipation, it was not taken advantage of an a public pathway, but considered unsafe to venture through even in daylight. Since it was closed a nuisance has not only been abated, but less thefts have been committed, and the quietness, peace, and security of the neighbourhood greatly enhanced.
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CRUELTY TO ANIMALS. -- At the Belfast Police Court, on Saturday last, Hugh Moore, of Broughshane; Daniel Duffy, of Randalstown; and Robert Kerr, of Grange, were brought up on summonses by the Belfast Society for the Prevention of Cruelty to Animal. The offences in all the cases were much the same -- working horses having galled sores on their backs and shoulders. Mr. Coates prosecuted on behalf of the society. Constable M'Nichol proved the charges. Their worships imposed on Moore a fine of 10s and 10s costs; on Duffy, 1s fine and 10s costs; and on Kerr, who had two horses, a fine for each horse of 10s and 10s costs.
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LEGAL NEWS.
ROLLS COURT.
DUBLIN, MONDAY.
[FROM OUR SPECIAL REPORTER]
The Right Hon. Edward Sullivan, the newly-appointed Master of the Rolls, sat in the Rolls Court this morning at eleven o'clock, for the first time. The court was densely crowded.
On entering the court, his LORDSHIP was received with loud applause. When silence was restored, he said:-- Mr. Sherlock and gentlemen of the Bar, I cannot take my seat on this bench without shortly adverting to the very melancholy and sudden event which removed from amongst us the late Master of the Rolls. I had not as many opportunities as other gentlemen may have had of observing the manner in which he discharged his duties; but some I had, and I feel bound to say that no man appeared to me to have brought to his official duties a more earnest desire to act with impartiality and justice on every occasion. He discharged them with marked courtesy towards every one of either profession who came before him. (Applause.)
His lordship then proceeded to dispose of the business of the court.
ROWAN AND OTHERS V. LORD DONEGAL.
Mr. May, Q.C., moved for an order directing that the sum of £332 10s 5d, now lying in bank, may be invested in stock, and Lord Donegal entitled to the dividends thereof, and for the costs of the application. By settlement, dated the 8th October, 1822, certain lands were settled on the late Lord Donegal for life, with remainder for the present Lord Donegal. Two leases for lives renewable for ever were granted, and, in 1842, the lands were taken for the new bridewell of Belfast, and the sum mentioned assessed. The money was lodged in bank, to be dealt with under 7th Geo. IV., cap. 74.
Mr. ORR, for the Grand Jury, resisted the application for the costs, on the construction of the 34th section of the Act, and on the ground of the lapse of time since 1842.
His HONOUR granted the application.
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COURT OF PROBATE.
DUBLIN, MONDAY.
[FROM OUR SPECIAL REPORTER.]
[Before Judge WARREN]
WILLIAMSON V. WILLIAMSON.
This case came before the Court upon a motion for a new trial. The issue was to try the validity of the will of the late John Williamson, of Craigarogan, County of Antrim, who died, leaving considerable property to his two sons, James and Samuel. The will was disputed by another son, named Joseph, on the ground that it was obtained under undue influence, and at a time when the deceased was not of testamentary capacity. There were four or five other children who had emigrated; but some of them were supposed to be dead. To the survivors the deceased had bequeathed one pound each. The issue was tried at Belfast, and resulted in a verdict upholding the will. It was now sought to have the verdict set aside, on the ground that it was against the weight of evidence.
The arguments occupied the day, and had not concluded when the Court rose.
Counsel for plaintiff -- Mr. Law and Mr. Andrews.
For defendant -- Mr. Falkiner, Q.C.; Mr. Boyd, and Mr. Tarleton.
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COURT OF EXCHEQUER.
DUBLIN, MONDAY.
[FROM OUR SPECIAL REPORTER.]
[Before Barons FITZGERALD, HUGHES, and DEASY.]
GIRDWOOD V. TODHUNTER & CO.
The motion in this case had stood over from Thursday last, for the purpose of enabling the defendants to file further affidavits. The action was brought for an alleged breach of contract in the defendants not having executed due diligence in the sale of certain goods sent to the defendants in New York for sale on commission, and for having sold the goods by auction, contrary to the alleged contract.
Mr. A. M. PORTER, for the defendants, now moved on a second affidavit of Mr. Todhunter, in which he gave the names of several witnesses in New York whom it would be necessary to examine by commission.
Mr. W. H. KISBEY, for the plaintiff, said he could no longer resist the motion; and the question now was simply in what form the commission should be issued.
The COURT granted the motion, and directed that the plaintiff should be paid his costs, and that the defendants should also pay the costs of the commission which would issue, to be returnable on be 1st of May; the witnesses mentioned in the affidavit, as well as any others that might be necessary on both sides, to be examined.
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COURT OF QUEEN'S BENCH.
DUBLIN, MONDAY.
[FROM OUR SPECIAL REPORTER.]
[Before the Full COURT.]
BAIL MOTION.
THE QUEEN V. M'CLOY.
THE prisoner is confined in the Jail of Lifford, County Donegal, charged with the manslaughter of a man named Love.
Mr. HAMILTON, Q.C., applied to have the prisoner admitted to bail.
Mr. JOHNSTON (for the Crown) consenting, an order was made admitting the prisoner to bail -- himself in £50, and two sureties in £25 each -- upon forty-eight hours' notice of bail being given to Mr. Reddington, M.P.
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THE ARMY.
The following will be the distributions of the 98th Regiment on arrival in Ireland:-- Four companies and head-quarters at the Curragh, until after the embarkation of the 81st Regiment for Gibraltar, when they will move to Templemore; four companies to Tipperary, and two companies to Clare Castle.
The 81st Regiment is to be concentrated at Templemore, preparatory to embarkation Queenstown (about 20th prox.) for Gibraltar.
The 2nd Battalion 6th Foot, and 51st Light Infantry, are the next regiments on the roster for duty in Ireland.
The 2nd Dragoon Guards embarked at Bombay for Alexandria, en route to England, in the Malabar, on the 1st instant.
It is rumoured that one of the retrenchments shortly to be carried out will be considerable curtailment of the travelling allowances of all officers.
87TH ROYAL IRISH FUSILIERS -- GRANT OF INDIAN MUTINY MEDAL -- The effective men at the depot of this regiment who were present during the great Indian Mutiny of 1857 and 1858 have received their medals. The men, with the service companies at Malta, will receive theirs about the end of the present month. Those men at present serving in other corps should apply for the same, through their respective commanding officers, to the Secretary of State for War, and those men who have become non-effective by discharge should make their applications through their staff officer of pensioners. All others should be made direct to the War Office.
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THE MILITIA.
ROYAL SOUTH DOWN TIGHT INFANTRY. - The Secretary of State for War has approved of a private medical practitioner being employed for the Royal South Down Militia during the vacancy in the appointment of surgeon to the regiment on the same terms and conditions as a commissioned surgeon.
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FRIGHTFUL ACCIDENT FROM PARAFFIN.
THE Clonmel Chronicle gives an account of an explosion of paraffin at Clifden, by which a number of persons were seriously injured. A young man named Michael King was blown to pieces, and others were dreadfully injured. They had picked up a barrel of paraffin, and placed it in a house, and closed all the doors against the ingress of the coastguards or police. A lighted candle being taken near the barrel, it exploded, with the result already stated. It is feared there will be another death, and the other injured persons are under treatment in the workhouse infirmary.
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FIRE AT BANGOR.
TO THE EDITOR OF THE BELFAST NEWS-LETTER.
SIR -- About eleven o'clock on Sunday night the alarming cry of fire disturbed the usual quiet of this town, and caused a general rush from all parts to the scene of the conflagration.
Joining the crowd on the first alarm, I found the fire raging in an immense stack of hay, weighing over fifty tons, which had been erected by the Messrs. Robert Neill & Sons, of Sandy Row, on a shed, in dangerous proximity to the valuable and extensive stores, stables, cow, coal sheds, do., of which the premises are composed.
It was quite apparent, on a brief survey, that nothing could be done (with the appliances available) to save the hay, and the entire exertions of those present would be required to protect the adjoining buildings, and to their credit be it told, a most unanimous display of exertion was at once exhibited to preserve the house property, none lending more efficient aid for this purpose than the females present, who vied with each other in their laborious work of keeping up the supply of water, which, after the pump in the yard ran dry, had to be carried from the sea; and this they continued to do for hours without a murmur, and completely drenched.
On the first alarm, Head-Constable Wallace and Sub-Constables Boyce, Gallagher, and Mullin were, as in every case which has come under my notice, found at their post, and with good will used their best endeavours to aid and direct in the general work, as did also the men of the coastguard service, under their officer, Mr. Cooney, who remained until all danger was over. Conspicuous during the night for his cool conduct and laborious situation was Captain John Brown, of the Caroline, who had a very fatiguing post of it; and amongst the other residents who laboured with effective zeal I have to mention the names of Messrs. Thompson, Lightbody, Stirrat, Burnside, Henry Bowman, Kennan, &c. No accident, fortunately, occurred to other property; all the horses, cows, pigs, and stock of cattle were removed as soon as possible.
No positive cause has been yet found for the origin of the fire, and it appears none of the Messrs. Neill's servants had been working near the stack of hay from one o'clock the day previous.
This fire again exhibits the great want of a fire-engine iin this town, as, had there been such, the greater portion of the hay could have been saved. -- I remain your obedient servant,
HENRY M'FALL
Royal Hotel, Bangor, Jan. 17, 1870.
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BELFAST QUARTER SESSIONS.
[Before J. H. OTWAY, Esq., Q.C.]
His WORSHIP took his seat on the bench at ten o'clock yesterday morning, and resumed the civil business of the Sessions.
ACTION FOR DAMAGES.
BAILEY V. CUNNINGHAM.
In this case the plaintiff, James Bailey, sought to recover from the defendant, Wm. J. Cunningham, a licensed car driver, the sun of £20, for personal injury alleged to have been sustained by defendant knocking plaintiff down with his horse and car.
Mr. Seeds appeared for the plaintiff, and Messrs. Rea and M'Lean for the defence.
The plaintiff was examined by Mr. SEEDS, and deposed that, on the evening of the 30th November last, he was in the vicinity of the County Down Railway terminus when the defendant drove up with his horse and car, and knocked him down. He was in company with some men, and the defendant came up, and, without any warning, dashed in among them. Plaintiff was knocked down, and the horse and car went over him. He was rendered insensible, and, when he recovered, he found that his face was severely cut, and his leg and shoulder injured. He was taken home, and was attended by Dr. Warwick. He was employed s a caretaker at the shipbuilding yard, Queen's Island, where he earned £1 a-week. In consequence of the accident he had been out of employment for six weeks, and Dr Warwick had been in attendance on him all that time.
The witness was cross-examined by Mr. REA, and deposed that he was not standing on the steps when the accident took place. He was not in a "brown study," although he did not see the car till it was on him. He was not drunk at the time. He received 11s 8d per week from the sick fund in connection with the trade while he was out of work, and also 9s 7d out of the Forresters' Society, of which he was a member.
Mr. REA -- So that, instead of losing anything by this accident, you have gained sixpence a-week. (Laughter.)
His WORSHIP -- Suppose a person lose his life on a railway, would the fact that he had an insurance policy on his life affect an action at law?
Mr. REA -- The jury might take it into consideration in an action for damages.
George Heaney, a railway constable, deposed that he saw the occurrence in question. The plaintiff and six or seven other men were walking in the vicinity of the station, when the defendant came up at a furious pace. He did not shout to then to get out of the way, or attempt to pull up his horse. When he knocked the man down, he drove on at the same rate. He afterwards came back and asked was the man injured. The defendant was on the wrong side of the street.
For the defence, a man named Samuel Evans, who was in company with the plaintiff when he was knocked down, was examined, and said he saw the car coming up, and he got out of the way. The plaintiff might have got out of the way also.
Mr. REA -- The man seems to have been mentally absorbed in some political subject. (Laughter.)
Joseph Brown said he heard the defendant shouting to the man to get out of the way.
Wm. Crossley gave similar evidence.
The defendant was examined, and said that, when the accident occurred, he was only driving at the rate of three or four miles an hour. He shouted to the men to get out of the way, and they all did so, except the plaintiff.
Dr. Warwick gave evidence as to the injuries which the plaintiff had received; after which
His WORSHIP said that there was no doubt if people chose to walk in the streets they were bound to exercise more than ordinary care and caution in order to avoid accidents, but, at the same time, a car-driver was not to dash among a number of people, driving his horse at the rate of three or four miles an hour, at a place where he should not be driving at a quicker pace than a mile or half-a-mile an hour. He would give a decree for £3.
BRANAGAN V. BROWN.
In this case, an action was brought by Mr. John Branagan, coal merchant, to recover from the defendant, James Brown, baker, University Road, the sum of £1, for "loss and damage sustained by plaintiff by reason of the carelessness and negligence of the defendant, through his servant, in driving his horse and bread cart against the plaintiffs horse and cart, whereby plaintiff's cart was damaged and broken to the plaintiff's loss."
Mr. M'Lean appeared for the plaintiff, and Mr. Coulter for the defendant.
His WORSHIP dismissed the case without prejudice.
The Court adjourned at half-past four o'clock till ten o'clock this (Tuesday) morning.
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BELFAST POLICE COURT -- YESTERDAY.
[Before Dr. M'GEE, J.P.; JOHN HAMILL, Esq., J.P.; and E. ORME, Esq., R.M.]
THERE were 61 prisoners in custody.
ASSAULT.
Anne Marlow, an old woman, was charged by Sub-Constable Sherlock with disorderly conduct and an assault.
The complainant stated that on Saturday he was called on to remove the prisoner from a house, as she was "kicking up a row." On his speaking to her, she became very violent, and struck him several blows on the face, while she also made use of the most filthy language.
Mr. COATES said the prisoner was a public nuisance.
Dr. M'GEE inflicted a fine of 20s and costs; and, in default, sent the prisoner to jail for one month.
PARTY EXPRESSIONS.
John Cochrane was placed in the dock, charged by Sub-Constable Moynan with drunkenness and using party expressions.
Dr. M'GEE -- What are the party expressions?
Complainant -- He said he was a Papist, but was a Killyman True Blue.
Mr. ORME -- Did he say anything else?
Witness -- Yes; he shouted he was "Cochrane of the Bush." (Laughter.)
The prisoner was ordered to pay a fine of 40s and costs, or go to jail for fourteen days.
Robert Gibson was charged by Sub-Constable Patrick Flanagan with cursing the Pope.
The usual penalty was inflicted.
Thomas Rafferty was charged by Sub-Constable Hanna with disorderly conduct and using party expressions.
The policeman said the prisoner was passing up North Street on Saturday, with a big knife in his hand, and shouting he was a good Catholic from the Pound, and all the people about him were Orangemen.
The usual penalty of 40s and costs was inflicted.
BEGGING.
Sub-Constable Stevenson charged an old woman named Margaret O'Neill with begging in Corn Market.
Mr. COATES said the prisoner was an habitual beggar, and had been in jail some time ago for it.
The MAGISTRATES sent the prisoner to jail for fourteen days, and cautioned her that, if she was brought up again for the same offence, she would get a month.
LARCENY OF A TUB.
Ann Adams was charged with stealing a tub, the property of James M'Aleese. The prisoner pleaded guilty, and was sent to jail for one week.
ASSAULTING A CIVILIAN.
Nicholas Dree was brought up by Sub-Constable Jordan, charged with assaulting Wm. Murphy
The constable deposed that, about twelve o'clock on Saturday night, he saw the prisoner knock Murphy's head up against a wall.
Wm. Murphy deposed chat he was going through Grattan Street with a basket of bottles of porter, when the prisoner struck him, and knocked him down. Two shillings' worth of bottles were broken.
The prisoner was fined in 20s and costs; or, in default, one month's imprisonment.
LARCENY OF A CLOCK.
A little boy named Thomas Gilligan was brought up by Sub-Constable M'Grane, charged with stealing a small clock from the establishment of Mr. Bernard Campbell, Smithfield.
Mr. Wm. Donegan, an assistant in the establishment, deposed that the prisoner lifted the clock off the counter, and went out with it. Witness followed, and caught him at the door, when he dropped the clock and broke it. It was worth 15s or 20s.
Dr. M'GEE thought the prisoner was a fit subject for the Industrial Schools.
Mr. COATES objected to such a course, and said it would be much better to send him to a reformatory.
The father of the boy, in reply to Mr. COATES, said he was able to support his child.
Dr. M'GEE referred to the Act, and, under the 13th clause, he said that, were a child, apparently under the age of twelve, charged before two or more justices with an offence punishable by imprisonment, he could be sent to the Industrial Schools.
Mr. COATES -- Any boy who is charged with fraud or felony will not be received in those schools. That was sworn in this court. The boy can be sent to a reformatory.
Mr. ORME -- You have a sort of holy horror of the Industrial Schools. (Laughter.)
Mr. COATES -- Well, I have some reason.
Mr. ORME -- I thought when you became convalescent you would become a convert to the Industrial Schools. (Laughter.)
The father of the boy said he was a Roman Catholic, and would be happy to have his son sent to the Industrial Schools.
Mr. COATES -- He said himself he was quite able to support his child.
Mr. ORME -- If he states that, your jurisdiction in regard to the Industrial Schools is ousted.
Mr. COATES -- That's my view.
Mr. ORME -- For once I agree with you -- (laughter) -- Mr. Coates.
The boy was ultimately discharged.
ABUSIVE LANGUAGE.
John M'Greary was brought up, charged by Sub-Constable Brown with abusive language by cursing the detectives, and jostling against two policemen.
The prisoner, who said he was a labourer, and had been out of work for three months, was fined in 20s and costs, or, in default, was to be imprisoned one month.
CHARGE OF THREATENING TO STAB.
Patrick Timmins, a returned convict, was brought up by Constable Britton, charged with being drunk, and threatening to stab Wm. John Sheals.
The complainant deposed that, between eight and nine o'clock on Sunday night, two policemen were going to arrest the prisoner, when he (Sheals) offered to take him home to Samuel Street. The prisoner pulled a knife out of his pocket, and said he would put it into witness.
The prisoner was ordered to find bail to keep the peace for twelve months -- himself in £10, and two sureties in £5 each -- or, in default, to be imprisoned for two months.
OBSTRUCTING THE POLICE.
George Burley was charged by Sub-Constable Robert Lynch with obstructing him in the discharge of his duty.
The complainant said about half-past one o'clock on the previous night he was on duty in plain clothes in Wall Street, and heard a person telling a woman he would go and try to get a "half-one" before going home. He then followed the prisoner and another man within a few yards of a spirit-grocer's house. Witness told the woman at the door he was a policeman, and was going in, when a man came behind him and pulled him back, while the prisoner whistled and crushed up against him, and shouted to the people he was a detective.
The prisoner was fined in 10s and 10s costs.
DRUNK IN CHARGE OF A HORSE AND CAR.
John Hall, licenced car-driver, was brought up in charge of Sub-Constables Breen and English, charged with having been drunk in charge of his horse and car, and laving assaulted them.
Mr. Coates, prosecuted, and Mr. M'Lean defended.
Mr. M'LEAN said the prisoner had made a promise to abstain from drink for twelve months, and his time was up on Sunday night, and he was having a bit of jollification; but he would now promise to abstain for another year.
Dr. M'GEE -- He should now promise for twice the time. (Laughter.)
Mr. M'LEAN (to the prisoner) -- You'll do that?
Prisoner -- Indeed, I will.
The BENCH inflicted a fine of 20s and 10s 6d costs.
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THE DUBLIN GAZETTE -- JAN. 14.
IN BANKRUPTCY. -- Lawrence M'Grath, of Dungarvan, County of Waterford, draper, to surrender on Tuesday, 25th January, and on Friday, 11th February.
INSOLVENTS -- PETITIONS FILED. -- By Graham Egerton Huddlestone, of No. 3, Clyde Road, Pembroke Township, County of Dublin, Major, on half-pay of the 52nd Light Infantry, and Secretary to the Institution for Idiotic Children, Lucan, a prisoner for debt in the Four Courts' Marshalsea, on the 12th January. Against Seymour F. Clarke, of Tivoli Terrace, South Kingstown, County of Dublin, gentleman, a prisoner for debt in the Four Courts' Marshalsea; James Supple Reidy, sued and arrested as James Reidy, formerly residing in the city of Cork, gas engineer and patent pick manufacturer, a prisoner for debt in the Four Courts' Marshalsea, on the 13th January.
PETITIONS TO BE HEARD. -- At Kells, on March 29 -- Patrick Kane, of Athboy, County of Meath, cattle-dealer. At Limerick, on April 12 -- John Bernard, of Patrick Street, Limerick, hat and cap maker, trunk manufacturer, and outfitter.
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GAZETTE ANNOUNCEMENTS.
[FROM THE LONDON GAZETTE OF FRIDAY NIGHT.]
WAR OFFICE, JAN. 14. -- The Queen has been graciously pleased to give orders for the appointment of Ralph Robert Wheeler Lingen, Esq., Secretary to the Committee of Council on Education, to be an Ordinary Member of the Civil Division of the Third Class, or Companions of the Most Honourable Order of the Bath.
FOREIGN OFFICE, JAN. 13. -- The Queen has been pleased to approve of Cavaliere Giuseppe Pilastri as Consul at Bombay, with jurisdiction on the Coast of Hindostan from Cape Comorin to Kurrachce, for his Majesty the King of the Belgians. The Queen has also been pleased to approve of Mr. Ch. Budde as Consul at Birmingham for his Majesty the King of the Belgians. The Queen has also been pleased to approve of Mr. P. D. Martin as Vice Consul at Simonstown for the North-German Confederation.
WHITEHALL, JAN. 12 -- The Queen has been pleased to constitute and appoint the Right Hon. Edward Sullivan to be Keeper or Master of the Rolls and Records of the Court of Chancery in that part of the United Kingdom called Ireland, in the room of the Right Honourable John Edward Walsh, deceased.
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LOSS OF LIFE AT SEA. -- It was reported at Kingstown on Sunday, by the master of the Maggie, schooner, 92 tons (Captain Aadar), which left Kingstown a few days since for Rio Grande, with general cargo, that, when about fifty miles off Cape Clear in a heavy W.N.W. gale on Wednesday last, the mate, Charles Murray, was washed overboard. Every exertion was made by the captain to rescue the unfortunate man, but unsuccessfully. The Maggie had returned to Kingstown in order to obtain another mate. Charles Murray belonged to Portaferry, and was looked upon as a promising and rising young officer.
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SHIPPING NEWS.
Arrived at this port on the 17th inst.
Carsky, M'Lean, from Campbeltown, with grains.
Union and Julia Ann, from Workington, with bar iron.
COALS. -- Balmerino, Clyde, Emerald, Hammond, Gleaner, Happy-Go-Lucky, Hero, Maid of Erin, Mary Ann, Sceptre, Susan, Olive Branch, Zephyr, Thomas Connolly, Wild Wave, and Utopia, all from Maryport; Matilda, from Workington; Unicorn, from Liverpool; William Aikin, Thetis, and Marion Hendry, from Glasgow.
Sailed from this port, on the 17th inst.,
Circassian, Ohio, Conflict, and Delhi, for Maryport; Dash, for Troon; Lady Alice Kenlis (s.s), for Dundrum; Maria M'Millan, for Redbay, in tow of tug Zealous.
ARRIVED
At Nantes, on Jan. 14, the Phoenix (of Belfast), from Callao.
ENTERED OUT
At Liverpool, on Han. 14, the South Carolina (0f Belfast), Edwards, for Rio Janeiro and Callao.
[BY TELEGRAPH.]
QUEENSTOWN, JANUARY 17. -- Arrived -- Noe, from Sulina; Manhattan (s.s.), from New York for Liverpool; President Vasinton, from Kustendje; Mary Curley (s.), from St. John's, N.F.; Triton, from Belize; Ernest, from Demerara; Russia (s.s.), from Liverpool for New York; Etna (s.s.), from Liverpool for Halifax; Waterloo, from Callao; Albion, from Bahia; Penanz from San Francisco; Nancy, from Jamaica; Tarifa, from New York for Liverpool; Dunmore, from Glasgow for Balaira, with cargo shifted. Sailed -- Mary, and E. Colombo, for Liverpool; Risso, Briton, and Calcutta, for Glasgow; Allerton, for Gloucester; Ulstein, for Bristol; Amphion, for London; Zio George D., for Waterford; Jumna, for Dublin.
DUBLIN, JANUARY 17. -- Arrived -- Norton, from St. John's; Agnes, from Bremen; Maria, from Berdianski.
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Births
MAHON -- January 13, at Chester Square, London, the Viscountess Mahon, of a daughter.
MAXWELL -- January 16, at Lurgan, the wife of Mr. Thomas Maxwell, of a son.
RENDLESHAM -- January 13, at Grosvenor Square, London, Lady Rendlesham, of a daughter.
SMITH -- January 18, at 63, Donegall Pass, Belfast, the wife of the Rev. N. E. Smith, of a son.
SOMERS -- January 14, at Roscrea, the wife of J. L. Somers, Esq., M.D., of a daughter.
STEWART -- January 18, at 74, Joy Street, Belfast, the wife of Mr. Hugh Stewart, of a son.
Marriages
BOYD--STERLING -- January 14, at First Donegore Presbyterian Church, by the Rev. S. S. Allison, Mr. Samuel Boyd, eldest son of the late Mr. Henry Boyd, Dunadry, to Eliza Mary, youngest daughter of Mr. William Sterling, Ballyno, near Antrim.
M'KIE--BARRON -- January 17, at St. Peter's Church, Dublin, by the Rev. Somerset Burtchach, Rector of Kilnamanagh, assisted by the Rev. J. J. MacSorley, A.M., John M'Kie, Esq., Glasgow, to Phoebe Elizabeth, third daughter of W. Newell Barron, Esq., Fitzwilliam Square, Dublin, and Kinghill House, County Down.
PURDEY--LANDER -- October 16, at St. John's Church, Ballarat, Australia, by the Rev. Mr. Watson, F. Purdey, youngest son of the late Hugh Purdey, Esq. Chief Officer Coastguards, Kilkeel, Co. Down, to Martha Boyle, daughter of the late John Lander, Esq., Mountpellier Terrace, Cork.
Deaths
BOYD -- January 17, at her residence, Market Square, Crossgar, Dorcas H. Boyd, third daughter of the late Mr. Adam Boyd. Her remains will be removed for interment in Kilmore Church Burying-ground, on this (Wednesday) morning, at eleven o'clock precisely. Friends will please accept this intimation.
LUTTON -- January 18, at his residence, Portadown, Andrew J. Lutton, Esq., aged 52 years. His remains will be removed for interment in Seagoe Burying-ground, on to-morrow (Thursday) morning, at half-past ten o'clock. Friends will please accept this intimation.
M'CONKEY -- January 17, at the residence of his daughter, Mrs. Pedan, 36, Christopher Street, Belfast, Mr. George M'Conkey, aged 92 years. His remains will be removed from the above address, for interment in Shankhill Burying-ground, on this (Wednesday) afternoon, at three o'clock. Friends will please accept this intimation.
STITT -- January 17, at Bishopcourt, in her 87th year, Sally, the beloved wife of John Stitt. Her remains will be removed for interment in Ballee Churchyard, on to-morrow (Thursday) afternoon, at one o'clock.
YOUNG -- January 18, at Richmond Crescent, Antrim Road, Belfast, Sarah, wife of Robert Young, C.E. Her remains will be removed for interment in Malone Cemetery, on to-morrow (Thursday) morning, at nine o'clock.
CRAIG -- January 17, at the residence of his sister, Mrs. John Todd, Cogry, Ballyclare, Mr. William Craig, aged 76 years.
EAMES -- January, 11, at the Rectory, Swinford, Letitia Bunbury, wile of the Rev. B. W. Eames, A.M., and daughter of the late Thomas Bunbury Isaac, of Hollywood House, Co. Down.
ELLIOTT -- January 15, at his residence, Breagh, Portadown, George Elliott, Esq., aged 63 years.
GILLILAND -- January 17, at Drumbane, Moira, William, eldest son of Mr. John Gilliland.
MOORHEAD -- January 10, at his residence, 7, St. Peter's Road, Mile End Road, London, John Moorhead, late of H.M.'s Customs, aged 60 years.
M'KENNA -- January 8, perished, on board the Cossipore, from Liverpool to Calcutta, Florence M'Carthey, second son of Jeremiah M'Kenna, solicitor, Dublin.
Clippings
LEGAL NEWS.
COURT OF QUEEN'S BENCH.
DUBLIN, THURSDAY.
[FROM OUR SPECIAL REPORTER.]
[Before the Full COURT.]
THE QUEEN V. M'CLOY.
Mr. JAMES HAMILTON, Q.C., moved in this case, on behalf of J. M'Cloy, now a prisoner in the jail of Donegal on a charge of homicide, that he be allowed out on bail to abide his trial at the next Assizes. The learned counsel said the homicide was accidental. It appeared that a dog belonging to the prisoner and a dog belonging to the deceased man were fighting, when the two men interfered, and, in the course of the squabble, the prisoner, who had a gun in his hand, struck deceased a blow with it, from the effects of which he soon after died.
Mr. JOHNSON (the Law Adviser) appeared for the Crown, and assented.
HENEY V. CATHCART.
In this case the plaintiff proceeded to recover the amount of a bond executed by the defendants, father and son, as obligors. The father died since the action, and the plaintiff sought to enter a suggestion of the father's death, and to enter judgment against the son. But cause was shown, on behalf of the son, against this application, to the effect that he was under twenty-one years of age when the bond was executed by him. The parties had resided near Ballymoney.
The COURT made no rule on the motion, the plaintiff to proceed as he might be advised.
Counsel for plaintiff -- Mr. Orr. For defendant -- Mr. Sullivan.
Mr. Justice O'BRIEN sat at half-past ten o'clock to dispose of motions of course.
BAGOTS V. COOKE.
In this case the action was brought by the plaintiffs, Messrs. Bagots & Co., wine merchants, carrying on business in this city, to recover the amount of an account from the defendant, Mr. Thomas B. Cooke, of Cavan.
Mr. R. P. CARTON, for the defendant, moved for liberty to put in a plea of infancy, and that the goods supplied were not necessaries. The motion was grounded on affidavits setting forth that the defendant was born in the month of March, 1849, and consequently was not yet of age. The defendant also swore that he had a good defence on the merits.
Mr. Justice O'BRIEN granted the application.
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COURT OF PROBATE.
DUBLIN, TUESDAY.
[FROM OUR SPECIAL REPORTER.]
JUDGE WARREN did not take his seat ou the bench until half-past two o'clock, having been engaged up to that hour at a meeting of the benchers.
DELACHEROIS V. LESLIE.
This was a suit to establish the will, with three codicils, of the late Mrs. Martha Leslie, of Rosebank, near Donaghadee.
Dr. ANDREWS now applied that the date and mode of trial should be fixed. The will and two of the codicils were admitted, but the third codicil was disputed, on the ground of want of testamentary capacity in the testatrix, undue influence, and non-execution in compliance with the Statute. It was sought to have it tried by a special jury of the County of Dublin.
Mr. W. H. KISBEY said that the defendant was a lieutenant-colonel in the Royal Artillery, and it would be necessary to give time for him, and have his position at Dover properly supplied.
Judge WARREN directed the case to be tried by a special jury of the County of Dublin on the 10th February next.
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COURT OF BANKRUPTCY & INSOLVENCY.
DUBLIN, TUESDAY.
[FROM OUR SPECIAL REPORTER.]
[Before Judge MILLER.]
In re OWEN J. COLEMAN.
The bankrupt carried on business as a spirit dealer in Dundalk. He was adjudicated on Saturday, and was then examined in relation to the assets. The present meeting was to take evidence in relation to a supposed removal of goods.
Mr. Kernan, Q.C. (instructed by Mr. Rosenthal), appeared for the petitioning creditors.
John Mooney, a porter in the employment of the bankrupt, and Edward Lennan, his shop assistant, were examined. Mooney deposed that he saw a cart loaded with groceries leaving the bankrupt's premises. Lennan stated he bad suen a number of chests of tea removed from the shop.
The case was adjourned until Friday.
In re BEVERLEY & GIBSON.
The bankrupts were flax and tow spinners in Belfast.
Judge MILLER inquired what had been done in the case since last meeting?
Mr. KERNAN, Q.C., said Mr. Neilson, solicitor for the assignees, had, in accordance with the order of the Court, gone to Scotland and seen the Scotch writer who had been retained by Mr. Beverley to carry on a suit in that country against a Mr. Thompson to recover a sum of money alleged to be due on foot of partnership dealings. Mr. Beverley appeared to have a valid cause of action, but the manner of the Scotch writer in dealing with the case was not satisfactory.
Mr. E. F. SMITH, solicitor, applied to have the final examination of the bankrupts passed. They had been a long time in court, and they had large families.
Judge MILLER said the Scotch writer should be changed, and an account demanded of the money he had received from Mr. Beverley. There were questions at issue as to alleged preferential transfer of goods to Mr. Thompson and Mr. Oulton. He would read over the evidence before deciding.
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BELFAST QUARTER SESSIONS.
YESTERDAY, at ten o'clock, J. H. OTWAY, Esq., Q.C., took his seat in the Crown Court of the County Court House, and resumed the business of these Sessions.
AN NOVEL CAUSE OF ACTION.
R. COURTESAY v. W. KENNEDY.
This was a process brought by the plaintiff, Edward Courtenay, laborer, to recover the sum of £4 from the defendant, Wm. Kennedy, mill manager, "for work and labour done and performed."
Mr. Sheals appeared for the plaintiff, and Mr. Seeds for the defendant.
Edward Courtenay, the plaintiff, was examined by Mr. SHEALS, and stated that the defendant employed him to knock him up in he morning, from ten to twenty minutes past five o'clock. The defendant resided at No. 2, Brougham street; and plaintiff knocked him up 640 mornings, for which he charged 1½d a morning. (Laughter.) He sent in his bill, when he was dismissed from the mill.
Mr. SEEDS -- Do you know what Mr Sheals would call you if he was on the other side of the case?
Plaintiff -- I don't know what he would call me.
Mr. SEEDS -- I think he would call you a hoary-headed old sinner. (Laughter.)
Mr. SHEALS -- I would do nothing of the kind. I would call him a spiritualist. (Laughter.)
Mr. SEEDS (to plaintiff) -- Are you not ashamed of yourself?
Plaintiff -- What for?
Mr. SEEDS -- For trying to obtain money under false pretences? (Laughter.)
Plaintiff -- Oh! he employed me to knock him up. (Laughter.)
His WORSHIP -- What mill is this?
Mr. SEEDS -- The York Street Mill.
His WORSHIP (to plaintiff) -- What were you in the mill?
Plaintiff -- I was a general labouring man.
Mr. SEEDS -- Why did you not furnish your account either monthly, quarterly, half-yearly, or yearly?
Plaintiff -- I had no call to do so.
Mr. SEEDS -- And you thought you would say nothing about payment until you would be dismissed?
His WORSHI -- When did this knocking up commence?
Mr. SEEDS -- In 1867, according to this account which has been furnished.
John Healey, time-clerk in York Street mill, was examined, and said he heard Mr. Kennedy request the plaintiff to knock him up in the morning; and witness was directed to put down half-an-hour extra time for the plaintiff in consequence of doing so.
His WORSHIP -- And you paid him this extra time?
Witness -- The pay-clerk would do so.
His WORSHIP -- I dismiss the case on the merits. It is one of the most audacious actions I ever heard of.
CURIOUS CASE.
FINLAY M'CANCE V. WM. JOHN M'COY.
This was a process brought by the plaintiff, Finlay M'Cance, Esq., J.P., of Suffolk, "administrator of all and singular the goods and chattels of Robert Stephenson, M.D., late of Belfast, County Antrim, deceased, to recover £16 from the defendant, William John M'Coy, dealer, Belfast, being the value of six silver candlesticks, the property of the plaintiff as such administrator aforesaid, which got into the possession of the defendant by mistake, aud which defendant detains, converts to his own use, and refuses to deliver to the plaintiff, although required to do so."
Messers. M'Lean and Dickey appeared for the plaintiff and Messrs. Dinnen and Coulter for the defendant.
It appeared that on the 26th October, 1869, the effects of the late Dr. Stephenson were being sold by auction at Wellington Place, Belfast, by the executor, who employed Mr. John Cramsie as auctioneer. The silver plate was retained by the executor, who is also heir-at-law, with the exception of certain spoons and forks and small articles. By a mistake of the servants, six silver candlesticks were left along with a number of plated candlesticks of the same pattern, and were offered for sale at the auction as plated candlesticks, and M'Coy bought them as such at 8s 6d a pair, stating be would take the other two pair at the same rate. Soon after getting the candlesticks into his possession, he showed Mr. Cramsie the top of one of them with the sterling mar. Mr. Cramsie communicated with Mr. M'Cance, informing him of the six candlesticks being silver, and Mr. Milford, solicitor, demanded, by letter, that M'Coy should return them, but M'Coy refused to give them up.
The defence put forward was, that the candle-sticks were bought at a public auction. They were put up as plated goods, and defendant bought them with all faults, and without any fraud on his part. He did not know that they were silver until he received them into his possession.
His WORSHIP reserved his judgment until to-day (Wednesday).
ACTION IN TROVER.
CONNOLLY & M'CAPPIN V. GINNETT.
This was an action in trover, brought by the plaintiffs, dealers, trading as Connolly & M'Cappin, to recover £1 10s from the defendant, Frederick Ginnett, circus proprietor, "being the value of a pair of springs, the plaintiffs' property, which defendant got into his possession, and converted to his own use."
Mr. Sheals appeared for the plaintiff, and Mr. Coulter for the defendant.
Henry M'Cappin was examined, and said that Mr. Stevens, the proprietor of the menagerie lately exhibited in Belfast, employed him to put three springs on a pair of waggons. Mr. Ginnett was not in town at the time. The waggons were for Mr. Ginnett. When Mr. Ginnett arrived in town plaintiff went to him, and asked him for the price of the springs, and he said he had made no agreement with Mr. Stevens to get the springs put in. Plaintiff then said that if Mr. Ginnett did not pay him for the springs, he would take them off the waggons. Mr. Ginnett then told him to let them remain, and he would pay for them himself.
James Connolly, who said he was present at the conversation referred to by M'Cappin, gave corroborative evidence.
Mr. Ginnett was examined, and said that when he came to Belfast he bought two waggons from Mr. Stevens, for which he paid £30. Mr. Stevens did not inform him that any of the springs had to be paid for. He denied having promised to pay M'Cappin for the springs.
His WORSHIP said that, even if he believed the testimony of the two plaintiffs and disbelieved Mr. Ginnett, which he was not disposed to do, the plaintiffs could not recover, as in point of law they had parted with their lien to a third party. The case was dismissed on the merits.
ACTION FOR PERSONAL INJURY.
HUGH EVANS V. JOSEPH THORNTON.
This was a process brought by the plaintiff, Hugh Evans, labourer, to recover £40 from the defendant, Joseph Thornton, contractor, for "loss and damage sustained by the plaintiff, as a workman in the employment of the defendant, in the construction of a certain railway weir bridge; for that, as plaintiff avers, through the carelessness and negligence of the defendant in not providing good, proper, and sufficiently strong machinery and gear in and about the construction of said bridge, the said machinery and gear broke and gave way while plaintiff was employed thereon, and plaintiff fell from a great height, and sustained a compound fracture of his leg and other injuries, whereby he was for a considerable time confined to his bed, and has ever since been prevented from following his usual occupation, and plaintiff suffered great pain both of mind and body, to his loss and damage, in the amount aforesaid."
Mr. Coulter appeared for the plaintiff, and Mr. Seeds for the defendant.
After hearing the evidence,
His WORSHIP reserved bie decision until this (Wednesday) morning.
The Court adjourned at half-past four o'clock until ten o'clock this (Wednesday) morning.
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BELFAST PRESENTMENT SESSIONS.
YESTERDAY, the Presentment Sessions for the Barony of Upper Belfast were held in the Record Court of the County Court House, before W. T. B. LYONS, Esq., D.L., J.P. Mr. John Coates, Secretary to the Grand Jury, and Mr. Tate, County Surveyor, were also present. The associated cess-payers representing the barony at large were -- Messrs. John Johnson, Aughnabrackin; James Alexander, Ballyclare; William Gault, Doagh; and Wm. Morrison, Killead.
For the Barony of Upper Belfast there were thirty-one presentments, amounting in the aggregate to £1,736 15s 7d.
ALLEGED MALICIOUS INJURY.
Andrew Nash claimed £137 15s 7d to compensate him for loss and damage sustained by him, by reason of malicious or wanton injury done to a barn, stables, and byre, his property, in the townland of Greencastle.
Mr. W. H. Batwell appeared in support of the claim.
The claimant was examined, and stated that, on the morning of the 21st July last, about two o'clock, he was awakened out of his bed by his servant, who informed him that his barn was on fire. He went out, and saw the place in flames. The barn had been set fire to in two places. The more water that was thrown upon the fire the worse it got.
To Mr. LYONS -- The barn was locked up at night, but the upper half of the door was open.
Margaret Clarke said that she was a servant in Mr. Nash's employment. On the morning in question she was in bed, when she felt the smell of smoke. She awoke her husband, and they went out and found the barn on fire.
To Mr. LYONS -- Our house adjoins the barn. We went to bed about ten o'clock. It was about two o'clock when we discovered the barn on fire. I did not see any stranger in the yard on the previous night.
James Clarke, the husband of the last witness, was examined, and deposed to finding the barn set fire to in two places, at each end. He saw no strangers about the place, or any persons walking in the yard on the previous night.
Thomas Byrne, builder, said he made the estimate of the damage done, which amounted to £128 odd.
To Mr. LYONS -- The barn was a very old building. The estimate I made was such as an insurance company would make after a fire. My estimate would not rebuild the place in the new, but would repair the walls, which were cracked, and make a new roof, which has been entirely destroyed.
Mr. Nash was recalled, and said he estimated the value of the hay and fixtures at £10.
To Mr. LYONs -- The building was sixty or seventy years old, but it was fitted up several times -- the last time about four years ago. I was not aware that I had any enemies in the neighbourhood.
Mr. LYONS -- How do you suppose it was malicious?
Claimant -- Because it was set on fire in two places.
Mr. LYONS said the Sessions were of opinion that the injury was not wanton or malicious; and, even if it were, he considered £80 would be sufficient compensation.
THE LISBURN COUNTY INFIRMARY.
The presentment of £800 for the Lisburn County Infirmary having been handed in,
Mr. JAMES ALEXANDER said he didn't see why the cesspayers of the county at large should be taxed for the support of an infirmary at Lisburn. They had to pay poor-rates and other taxes, and they considered that they had no right to be burthened with this additional tax.
Mr. LYONS said the cesspayers could not do away with the County Infirmary. They could object to the sums presented for; and if cause was shown, they could have them lessened. He might inform them that a committee of the Grand Jury was appointed to investigate into the claims, and they decided that not a single item had been over-charged.
Mr. ALEXANDER -- The parties who take advantage of the infirmary reside in Lisburn and the neighbourhood. The county at large has no advantage by it; and yet, we are called upon to pay the heavy part of the cost and maintenance. Besides, the poor rates are very high.
Mr. LYONS said patients from the county at large had often been treated in the infirmary.
Mr. ALEXANDER -- I know of none coming from our neighbourhood.
Mr. GAULT -- I never heard of any from our part of the county except one little girl.
Mr. LYONS said if the cesspayers visited the infirmary and saw the class of patients who were treated there, he was sure they would say that it was a valuable institution. There were patients there from all parts of the county.
Mr. ALEXANDER said he always understood that the cesspayers were authorised at Presentment Sessions to pass a claim or reject it. That was set out in the report of the evidence on the Grand Jury laws. He would take on him to move that this presentment be passed for a shilling.
Mr. GAULT seconded the motion. He said he believed there was a County Down man in the infirmary at present.
Mr. COATES -- Yes; but he was injured in the County Antrim.
Mr. LYONS said he wondered, if any of them were injured in Belfast, what they would think if they were refused admission to the General Hospital?
Mr. GAULT -- The General Hospital is kept up by private subscriptions.
Mr. LYONS -- That is the very reason county-at-large people should not be taken to it.
Mr. COATES said that Belfast paid 34⅓ of the cost of the infirmary. It would be rather difficult to make Belfast pay the 34⅓ of a shilling. (Laughter.)
Mr. LYONS then took a vote on the question. The cesspayers unanimously voted that the presentment should be passed for a shilling.
Mr. JOHN JOHNSON (who occupied a seat on the bench), on being asked by the chairman how he voted, said he came there for the express purpose of opposing the presentment.
Mr. LYONS -- Here is a gentleman who has come here determined to oppose this presentment.
Mr. ALEXANDER said he did not consider that Mr. Lyons had any right to speak of Mr. Johnson in that manner. They came there to exercise their privilege in opposing this presentment, which they considered they had a right to do, and they were deputed by others to come there and do so.
Mr. LYONS said he was not in the habit of exceeding his duty as chairman. He put a question to the gentleman, and he was merely telling them the answer he received.
The presentment was then approved of at 1s.
Mr. COATES -- There is another presentment in connection with the same institution, of £47, for the salary of the surgeon.
Mr. ALEXANDER -- I move that it be passed for 1s also.
Mr. COATES -- This is for work that he has done.
Mr. GAULT seconded the motion.
Mr. LYONS said the proper way would be for the cesspayers to get up a memorial on the subject and present it to the Grand Jury, who would, no doubt, consider it. The cesspayers, as he had told them before, could not take away the County Infirmary.
Mr. ALEXANDER -- We will go before the Grand Jury.
The presentment with regard to the surgeon's salary was then approved of at 1s.
THE REVISION OF THE VOTERS' LISTS FOR THE BOROUGH OF LISBURN.
A presentment was put forward by Mr. Pennington, Town Clerk of Lisburn, for the sum of £30, costs incurred by the late revision of the voters' lists for the borough of Lisburn.
Mr. ALEXANDER protested against the cess of the county being taxed for the revision of the voters' lists for the borough of Lisburn. What had they to do with the town of Lisburn? Lisburn should pay its own debts.
Mr. LYONS concurred with the views put forward by Mr. Alexander on this matter, although he could not agree with him as regards the County Infirmary. He was certainly of opinion that Lisburn should pay this expenditure, which had been solely incurred by the town itself.
The presentment was accordingly rejected.
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BELFAST POLICE COURT -- YESTERDAY.
[Before EDWD. ORME, Esq., R.M.; and SAMUEL M'CAUSLAND, Esq., J.P.]
ASSAULT.
Sub-Constable Patrick Sleevan charged Patrick Parkinson, a tailor, with having been drunk, and having assaulted him by kicking him on the shins.
Mr. Coates prosecuted.
The prisoner said he was so drunk when the policeman met him that he did not know what he was doing.
The policeman added that the prisoner declared he was Peter the Great.
The prisoner was fined in 10s and 10s costs; or, in default of payment, was to be imprisoned for a month.
A boy named James Hamilton was charged by Acting-Constable Mullane with having had in his possession a valuable silk umbrella supposed to have been stolen.
The prosecutor said that at half past one o'clock that morning he saw the prisoner holding the umbrella over his head. The prisoner ran off as fast as he could, and threw the umbrella on the road.
The BENCH remanded the prisoner for a week.
CHARGE OF DESERTION.
Alexander M'Cloud was charged by Sub-Constable Brock with being a deserter from the 40th Regiment of Foot.
Mr. Coates prosecuted, and Mr. Audain defended the prisoner.
The policeman said the prisoner had a furlough with him, but it had expired four days ago,
Mr. AUDAIN produced a certificate from a medical gentleman, stating that the prisoner was suffering from bronchitis. He had called at the barracks several times that morning to report himself, but had been unable to see the sergeant-major.
The MAGISTRATES directed the prisoner to be handed over to Col. Call.
HAVING FLOWERS AND A BUCKET IN POSSESSION SUPPOSED TO HAVE BEEN STOLEN.
A girl named Lizzy Johnston was brought up in custody of Constable Benson, charged with having a bucket of flowers in her possession supposed to have been stolen.
Constable Benson said he met the girl in the middle of the night in Ballymacarrett carrying a bucket with a quantity of flowers, newly pulled up. As she was unable to give a satisfactory account as to how she came by them, he took her into custody.
The prisoner was remanded, to give an opportunity of finding out the owner of the articles.
CHARGE AGAINST A MARINE STORE DEALER.
Wm. M'Nally, marine store dealer, West Street, was summoned by James Agnew, Cambridge Street, for having a quantity of gas fittings and brasses, his property, in his possession.
Mr. Coates prosecuted, and Mr. M'Lean, jun., defended.
James Agnew stated that on the night of the 6th inst, his house, in 2, Cambridge Street, was broken into and the gas pipes, which had been but up on the previous day, were taken away. A quantity of brasses were also taken away. The gas fittings [produced] were the ones that had been stolen.
Head-Constable Bodley stated that he had gone to M'Nally's shop, and, having described the articles, asked him had he purchased them from any person. M'Nally replied that he had not purchased them to his knowledge. He afterwards admitted he had purchased them from a boy.
John Gilmore, an assistant in the employment of Mr. Gallagher, Little Patrick Street, was examined and stated he had bought these brasses [produced] from M'Nally. He had bought them in the ordinary course of business. M'Nally did not make any attempt to conceal them.
A woman named Murray, whose son is now in jail for stealing the articles, stated that her son had sold them to M'Nally. He was in the habit of selling old brasses and rags and bones to M'Nally, and on this occasion M'Nally asked no questions. Her son told her he got these articles at an old building which was being pulled down.
John O'Neill, a lad in the employment of the defendant, proved having seen Murray sell the metals to M'Nally. Murray was in the habit of selling articles to his master.
To Mr. M'LEAN -- The sale was conducted in the ordinary way, and there was no attempt at concealment.
The case was dismissed.
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BREACH OF PROMISE CASE.
M'LAUREN V. AUSTIN.
The following breach of promise case was tried in the Bail Court, on Saturday, before Mr. Justice Blackburn.
Mr. D. Seymour, Q.C., and Mr. T. Chitty appeared for the plaintiff; and Mr. M. Chambers, Q.C., for the defendant.
The plaintiff, who is about twenty-six years of age, resides with her mother, a widow, in Canonbury Square, and to defendant, who has just completed his twenty-fourth year, is a clerk at Copestake & Moore's, with a present salary of £100 a-year, but lives with his father, who is a merchant in the City, at Highbury Grove. About eleven or twelve years ago the eldest brother of the defendant married an elder sister of the plaintiff, but the marriage being totally disapproved of by the defendant's family, they had refused to recognise the plaintiff or her mother. Some acquaintance, however, was kept up between certain of the junior members, and in that way the defendant was introduced to the house in Canonbury Square. It appeared also that an elder brother of the defendant (Albert Austin). when quite a boy, committed suicide because he was thwarted in his love of the present plaintiff. At that time she was sixteen years of age. The defendant definitely proposed for the plaintiff upon Good Friday in 1868, at which time he had a salary of £80 a-year, but the plaintiff said it was agreed the marriage was not to come off until a reasonable time had expired. Both the plaintiff and her mother were aware from past experience of the desperate opposition which the marriage would encounter at the hands of the defendant's family, but he wrote that he was independent of them, and would act in spite of them. He therefore was allowed to take her to Margate, to the Crystal Palace, and also to take a pew for her at Newington Church, and to make her a present of a piano worth £45. The piano was, however, subsequently seized under a county court process, in the plaintiff's house, at the suit of the seller. The plaintiff had been a governess, but she said she ceased to be so after the engagement, from an illness caused by a fright which the defendant accidentally gave her. Although apparently over-whelmed with grief, her sobs resounding throughout the court, the plaintiff gave her evidence in a very decided tone. Ultimately, after the engagement had lasted for about a year and three months, the defendant wrote the following letter to the plaintiff's mother, breaking it off:--
"Mrs. M'Lauren! Madame -- After due consideration I think that it will be best that my engagement with Louisa had better be broken off. You will be surprised at my saying so, but it is now impossible for me to live at home and visit at your house. It is more than I can stand going home of an evening and having to go through what I do, and as we cannot be married at present it will be the best as I say. It is very certain I cannot do without help from my father, and he will not help me at all if I persist in going against his wish, but will do nothing less than disown me. It is quite absurd me thinking to do by myself, as it might be years before I was in a position to call myself my own master, and it would be useless attempting any longer to bring matters round with my relations."
The defendant further said he ought to be ashamed of himself, and concluded:--
"I quite expected to be in some position by now, but have found out that getting on is not near go fast or easy as expected, and that without help I can do nothing at all of myself."
Mr. CHAMBERS, in his cross-examination, asked how old she was, and she said she was six-and-twenty. Pressed as to whether she was not eight-and-twenty, she refused to answer, and began to cry very much.
Mr. Justice BLACKBURN -- You must try and command yourself, otherwise the jury may think you are only acting.
Plaintiff -- I am not acting. I was only a child when Albert paid attention to me.
Mr. CHAMBERS, in his address to the jury, admitted it was altogether impossible for him to deny that a promise had been made, but contended that by its not being kept the plaintiff had been saved from a life of misery and poverty. In fact, she had gained much; she had lost nothing. He strongly denounced the conduct of the plaintiff's mother in permitting such an engagement to be entered into after all the experience she had had of her other daughter's marriage into the defendant's family, and knowing how dependent her son-in-law was upon his father for his means of living.
Mr. Justice BLACKBURN having expressed his general antipathy to this form of action, and more especially so since the recent change in the law respecting the admission of the evidence of the parties, said it was simply a question how much a foolish, recklees young man should pay for an exceedingly ill-advised contract. There was no doubt of the contract -- there was equally no doubt of its imprudence. Both parties were aware that the defendant's parents were strongly opposed to the match. However, that was to be considered in the assessment of the damages. It could not be pleaded in answer to the breach of contract. Let the jury exercise their common sense in estimating the plaintiff's loss, bearing in mind that the defendant's father could not be expected to pay the damages. They saw the plaintiff's condition in the witness-box -- that she was ill, perhaps that she was too ill; the jury were the judges. For himself, he could not help saying there was something exceedingly repugnant in an attempt to purchase damages by an exhibition of feeling.
After a short retirement, the jury awarded £75 damages.
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SHIPPING NEWS.
Arrived at this port on the 18th inst.
Canada, Lammert, from Savannah, with pitch pine timber and planks -- J. Brown, jun., consignee -- G. Heyn, agent.
Mary Capper, Capper, from Runcorn, with salt.
Royal Arch, M'Corkindale, from Campbeltown, with grains.
William Archer and Margaret & Ann, both from Bangor, with slates.
COALS. -- Bridgwater, Brunswick, Clara, Shooting Star, Dwina, Grace Darling, Mary Jane Rake, and Milton, all from Maryport; Kirkless (s.s.), from Garston; Maude, from Runcorn; Agnes, Robert Burns (s.s.), Foam, and Mary Salters, from Irvine; Billow and Nimrod, from Ayr; Black Diamond (s.s.) and John Gibson, from Troon.
Sailed from this port, on the 18th inst.,
Mauritius (s.s.), M'Keown, for Maryport.
Oynx, Young, for Easdale.
Dorothy Wright, Hoare, for Ardrossan.
Theodosius Christian, Schuerdtferger, for Philadelphia, having completed repairs.
Elgin, Mavis, Ohio, for Maryport: Cornish Lass, for Garston, with iron ore; Robert Burns (s.s.), for Silloth; Morning Light and Swift, for Ayr; Eliza, for Ardrossan; Highland Mary, for Irvine; Berwick Packet, for Strangford; Black Diamond, for Troon.
(BY TELEGRAPH.]
QUEENSTOWN, JANUARY 18. -- Arrived -- Sheldrake (s.), from Santander for Cork; Vittoria Madre, from Nic?I?ieff; Starbeam from Treo, for Trinidad, short of water; Oneaga, from Odessa; City of Baltimore (s.s.), from New York for Liverpool; Caledonia, from Havana for Clyde. Sailed -- Endymion, for Dundee; Waterloo, for London; Albion, for Greenock, Ernest, for Liverpool
DUBLIN, JANUARY 18, -- Arrived -- Gazelle, from Berdian-ki.
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