Births
ALDERDICE -- November 10, at Rose Cottage, Strandmillis, Belfast, the wife of Wm. Alderdice, of a son.
BOYD -- November 9, at Macgowan Terrace, Ranelagh, Dublin, the wife of the Rev. Robert Boyd, of a daughter.
DORAN -- November 8, the wife of J. C. Doran, Esq., Solicitor, of a son.
HONYWOOD -- December 7, at Evington Place, Ashford, Kent, Lady Honywood, of a son.
LYTLE -- November 10, at 27, Rugby Road, Belfast, the wife of J. H. Lytle, of a son.
OLIVER -- November 9, at Brook Street, Coleraine, the wife of Mr. J. Oliver, of a son.
PERRY -- November 9, at Obelisk Park, the wife of Wm. J. Perry, of a daughter.
SHELDON -- November 7, at Coolaghey, the wife of Dr. Sheldon, of a son.
Marriages
BARBER--MORTON -- November 9, at Cairncastle Presbyterian Church, by the Rev. S. Edgar Stewart, B.A., Mr. David Barber, Ballyhacket, to Miss Anne Jane Morton, The Thorn, Cairncastle.
GRIFFITH--PURSER -- November 8, at the Moravian Church, Dublin, by the Rev. J. A. Eberle, assisted by the Rev. Wm, Griffith, of Holyhead, father of the bridegroom, John Purser Griffith, Esq., Civil Engineer, to Anna Benigna Purser, Esq., of Lota, Blackrock, Co. Dublin. No cards.
JOHNSTON--ANDERSON -- November 9, at Scott's Presbyterian Church, Enniskillen, by the Rev. Jas. Anderson, uncle to the bride, assisted by the Rev. A. C. Maclatchy, John B. Johnston, Londonderry, to Jane, daughter of Joseph Anderson, Esq., Saint Angelo, Co. Fermanagh.
MONTGOMERY--TAYLOR -- November 10, at York Surest Non-Subscribing Church, Belfast, by the Rev. John Jellie, Mr. Alexander Montgomery, to Miss Charlotte Mary Taylor, both of Belfast.
PATRICK--THOMPSON -- November 8, at Ramoan Presbyterian Church, by the Rev. Alexander Field, Mr. John Patrick, of Mortragee, Dervock, to Jane, youngest daughter of the late Mr. John Thompson, of Ballycastle.
Deaths
JOYCE -- November 10, at No. 3, Mountpottinger, Belfast, Elizabeth, relict of the late John Joyce, Thornhill. Her remains will be removed for interment in the family burying-ground, Dundonald, on Monday morning, 13th inst., at ten o'clock. Friends will please accept this intimation.
PYPER -- November 10, John Lachlan, son of John Prior, jeweller. His remains will be removed from 19, Vicinage Park, Belfast, for interment in Malone Cemetery, on this (Saturday) afternoon, at two o'clock.
SMITHIES -- November 9, at the Belfast Union Hospital, Anne, relict of the late H. H. Smithies, of Manchester, and eldest daughter of the late William Cooper, of Belfast. Her remains will be removed from the Hospital, passing her mother's residence, 10, Claremont Terrace, for interment in the Borough Cemetery, Falls Road, on this (Saturday) morning at at half-past eight o'clock. Friends will please accept this intimation.
ABBOTT -- November 7, at Moray Place, Edinburgh, Frances Jane, daughter of Admiral Sir Wm. Parker, Bart., G.C.B., and wife of Francis Abbott, late Secretary of the General Post Office in Scotland.
HACKETT -- November 8, at her house, Stratford Place, London, Lady Anne Beckett, aged 82 years.
EGAN -- November 8, at Dublin, John, son of Mr. John Egan, Police Instructor, R.I.C., aged 21 years.
FEARON -- November 7, at Hastings, Douglas Fortnom Fearon, Captain in her Majesty's 10th Native Infantry, younger son of the late General Fearon, aged 44 years.
FENTON -- November 6, suddenly, at Southwark, Wm. Fenton, Esq., for many years the editor and proprietor of the Dover Chronicle, aged 71 years.
FIELD -- November 7, at Belfast, Robert Charles, eldest son of Robert Field, Brooklands, Redhill, aged 25 years.
HANLY -- November 8, at his residence, Ardavon, Rathgar, Joseph Hanly, Esq., aged 69 years.
JEFFERSON -- November 9, at her residence, Hillsborough, Mrs. Jefferson, aged 80 years.
LONG -- November 2, at the Barracks, Bradford, Charles Poore Long, Major 14th Regiment, second son of Wm. Long, Esq., of Hurts Hall, Suffolk.
MARTIN -- November 8, at his son's residence, Bayview Avenue, Dublin, Mr. Henry Martin, formerly of Finglas, aged 84 years.
MULLAN -- November 5, on board the steamer Antwerp, at Queenstown, Andrew Mullan, Esq., R.N., Surgeon, H.M.S. Sparrowhawk, Vancouver Island, aged 36 years.
NIXON -- October 26, at Dungonnell, Killead, Priscilla, relict of the late Mr. William Nixon, aged 72 years.
WILSON -- November 7, at 93, Pollock Street, Glasgow, Ogilvie Wilson, late H.M. Customs.
YOUNG -- August 23, as Carlton, Melbourne, Dr. Daniel J. Young, son of the late John Young, Surgeon R.N., Cookstown, aged 51 years.
Clippings
LEGAL NEWS.
ROLLS COURT.
DUBLIN, FRIDAY.
[FROM OUR SPECIAL REPORTER.]
MARY ANNE WILSON v. REVS. THOS. HOUSTON AND JOHN WILSON.
THE bill in this case prayed that the sole legitimate next of kin of her deceased father, James Wilson, might be deemed to be the person intended to be benefited as the heir of James Wilson, under the terms of an American consent referred to in the bill; that she be declared entitled to the fund at present in court as such heir; also that the defendant, Rev. Thomas Houston, should give particulars of the powers under which he acted as trustee, and to state whether he had instructions from America from the party who transmitted the moneys to him to pay plaintiff or the children of the said James Wilson, and that an account be given of the moneys received from time to time in respect of the estate. The bill was filed by Mr. George F. MacKeowin, solicitor, Donegall Street, Belfast, on behalf of the plaintiff. It appeared that Hans Wilson, the paternal uncle of James Wilson, the plaintiff father, died in 1850, in Stenbenville, in the State of Ohio, possessed of considerable property. He left the property principally to his wife and certain religious institutions, with some legacies to relatives. She died, and on her death, the wills having been disputed in the American courts, a compromise was entered into, under which money was forwarded to Ireland, the plaintiff alleging she was ignorant of the precise amounts. James Wilson died in '49, leaving his widow surviving. She was married to him in the parish of Drumbo, County Down, on the 13th November, 1848, and present plaintiff and her brother were issue of the marriage. Mr. Thomas Houston, of Knockbracken, County Down, Presbyterian minister, undertook, with the executors and trustees of the plaintiff's father, the distribution of the moneys remitted from America amongst the heirs and next of kin of Hans Wilson, pursuant to instructions and power of attorney. The sums to which the plaintiff and her brother were entitled were lodged in bank until they should attain their majority. Plaintiff charged in her bill that the amount at present in court did not fairly represent the amount to which she claimed to be entitled. The defendant, the Rev. Thomas Houston, of Knockbracken, in the County Down, filed an answer, in which he stated that the parties mentioned in the bill were members of his congregation, In 1856, he visited the United States, and had been asked to make inquiries respecting the wills of Hans Wilson and his wife. He stated the exact amount of the moneys transmitted to him. Throughout the entire transaction he had acted as the friend of the parties, and he had no desire to withhold from the parties anything to which they were entitled; but he could not, either with prudence or propriety, give them what others might be entitled to, and for which he might be held personally liable. He had no desire to interpose obstacles to the ascertainment by the plaintiff and her brother of their rights; but, as the plaintiff had instituted a hostile suit against him, he submitted, for his own protection, whether the plaintiff had any right or equity to maintain the suit, and, if so, whether the bill was not defective for want of parties.
The case is at hearing.
Counsel for the plaintiff -- Mr. May, Q.C.; and Mr. Walker. Attorney -- Mr. MacKeowin.
For defendants -- Mr. Jellett, Q.C.; and Mr. W. D. Andrews. Attorney -- Mr. Black.
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COURT OF QUEEN'S BENCH.
DUBLIN, FRIDAY.
[FROM OUR SPECIAL REPORTER.]
[Before Mr. Justice O'BRIEN and Mr. Justice FITZGERALD.]
FERGUSON v. HUMPHREY.
Mr. PORTER applied in this case on behalf of the plaintiff, for liberty to enter a suggestion. The defendant had served notice on them, calling on them to proceed by entering a suggestion.
The motion was granted.
WM. B. BARRY v. DELIA GILLEN.
The plaintiff resides in Virginia Street, Belfast, ant the defendant in the City of Dublin. The action was for libel, the defendant, as alleged, having charged the plaintiff with burning his house. The motion mus to transmit the case for trial to the Sessions Court.
On the application of Mr. PHIPLIP KEOGH, the case was allowed to stand until Tuesday next.
M'CANN v. HILFERTY.
In this case a conditional order had been obtained to offer up judgment on a bond and warrant of attorney for £40, given by defendant to the plaintiff, in the year 1859. Cause had been shown by defendant against making the conditional order absolute. The parties are resident in the County Armagh.
Mr. ISSAC WEIR now moved that the conditional order should be made absolute, notwithstanding the case shown. It appeared from an affidavit, filed by way of cause, that after the bond and warrant were given, a sum of £20 was paid to the paintiff, and in the year 1869 the defendant, as alleged, accepted several bills for plaintiff, on three of which, amounting to £35, he had been sued and decrees obtained. He had also accepted other bills which were still outstanding. An affidavit was filer by plaintiff, in which it was alleged he was ready to pay those bills, and that the £20 had been paid on part of another debt
Mr. KISBEY appeared on behalf of the defendant, and relied on the affidavit filed by way of cause. He said the Court would not put his client in the position of having a judgment hanging over him whilst he was also liable on part of bills of exchange.
The COURT discharged the conditional order without costs, the plaintiff to be at liberty to bring such action as he might be advised.
RADCLIFFE v. SMITH.
Mr. PORTER moved, on behalf of the defendant, who resides in the neighbourhood of Banbridge, to remit the case for trial to the Civil Bill Court to be held in Newry in January next. The action was brought to recover the price of certain seed, sold on terms of cash being paid on delivery. The defendant, in his affidavit, alleged that the seed was inferior in sample. The plaintiff, in an affidavit to resist the motion, alleged the contrary, The defendant offered to lodge the money in court, and on these terms the case was remitted to the Civil Bill Court.
Mr. Fraser appeared for the plaintiff.
MANDERS v. DUNCAN.
In this case Mr. Manders, one of the family of Manders, the well-known brewers in Dublin, has brought an action against Dr. Duncan, the proprietor of a private licensed lunatic asylum near Dublin, for assault and false imprisonment, by reason of plaintiff having been detained as an insane person for two years and seven months in defendant's asylum. The plaintiff, a short time since, obtained a writ of habeas corpus, and when the case came on for argument he was discharged by consent. He now brings this action, claiming £5,000 damages.
The defendant has pleaded several defences, setting forth that he was duly licensed to keep the asylum for insane persons; that he was requested by plaintiffs brother to receive plaintiff into the asylum; that two duly qualified medical men certified that plaintiff was insane; and the defence then averred that plaintiff was, during his confinement in the asylum, a person of unsound mind, and proper to be detained. Another defence adds that it was necessary to detain the plaintiff, to prevent his doing mischief to himself or others.
COUNSEL for plaintiff now moved to set aside the defence which omitted the latter averment, and contended that in Ireland the detention of a person in any asylum could be justified only according to the common law, and that by the common law, a person could not be detained unless he was a dangerous lunatic, and likely to do injury to himself or othere.
COUNSEL for defendant said the defences objected to were good in law, and that to hold otherwise would lead to great inconvenience, for every person detained in an asylum in Ireland who was not a dangerous lunatic would be illegally detained.
The COURT said the question was one of too much importance to be decided on the motion. They would allow the plaintif to raise it by demurrer, ani meanwhile to go to trial.
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COURT OF COMMON PLEAS.
DUBLIN, FRIDAY.
[FROM OUR SPECIAL REPORTER.]
[Before the Full COURT.]
WM. MURPHY v. THE BELFAST WATER COMMISSIOSERS.
THE arguments in this case were resumed. It came before the Court to show cause against making absolute a conditional order for a new trial. The action was for alleged trespass by defendants on the lands of Stranmillis, in the parish of Belfast. The case was tried before Chief-Justice Whiteside at the Belfast Summer Assizes of 1870, when the jury were discharged without agreeing to a verdict. It was subsequently tried by Mr. Baron Deasy at the last Belfast Spring Assizes, when there was a verdict for the defendants, with liberty to the plaintiff to apply to change the verdict.
Counsel for the plaintiff -- Mr. Law, Q.C.; Mr. May, Q.C.; Mr. W.D. Andrews, and Mr. Duffin. Attorney -- Mr. D. O'Rorke.
For defendants -- Mr. Palles, Q.C.; Mr. Falkiner, Q.C.; and Mr. John M'Mahon. Attorney -- Mr. W. E. Armstrong.
Mr. M'MAHON was heard at considerable length on behalf of the Water Commissioners.
Chief-Justice MONAHAN briefly stated that the Court were of opinion the trial was unsatisfactory; that the jury should have found what portions of the banks belonged to the Commissioners. The Court set aside the verdict, and granted a new trial, each side to abide their own costs of that motion, and the question of the costs of the trial already had would be reserved. If either party obtained a verdict on the merits, and not on a matter unconnected with the merits, the successful party would be given the costs of the first trial.
Rule accordingly.
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COURT OF PROBATE.
DUBLIN, FRIDAY.
[FROM OUR SPECIAL REPORTER.]
[Before Judge WARREN and a Common Jury.]
ANDERSON v. M'CLEMENTS.
This case had been adjourned from the previous evening, at the close of the direct examination of the Rev. Wm. Sturgeon in support of the will of the late James Anderson, of Newtownbreda, near Belfast, which will was disputed on various grounds, including fraud, and also forgery of the testator's signature. At the sitting of the Court this morning, when the case was called, it was stated a settlement was in progress.
After some time
Mr. CLARKE Q.C. (for the plaintiffs) said the case had been settled. The defences were to be withdrawn, and the will established. There were, perhaps, circumstances -- Mr. Sturgeon being himself a legatee, and the will being witnessed by himself and his wife -- which justified the next of kin in having this investigation of the case, so much so that, under any circumstances, he (Mr. Clarke) was sure his lordship would give the defendant his costs.
The defences were to be withdrawn, and the will established. The defendant was to have his coats and £20 for costs as between attorney and client; and the defendant was to be paid his legacy under the will.
Mr. W. D. ANDREWS (for the defendant) said it was considered right on both sides to come to this arrangement, and the pleas filed by defendant are to be taken as withdrawn.
Judge WARREN -- I shall direct a verdict, make a decree for probate, and receive this consent, and enter it on the minutes. It is a contract between the parties.
The consent was signed, and handed in.
The jury found a verdict that the paper writing of the 21st February, 1871, purporting to be the last will and testament of the late James Anderson was his last will and testament.
Judge WARREN observed that it was very objectionable that clergymen should make wills, leaving legacies to themselves; but there was not a shadow of suspicion on his mind that there was any forgery in this case.
Counsel for plaintiffs -- Messrs. Clarke, Q.C.; Tarleton, and Weir. Attorneys -- Messrs. M'Lean & Boyle
For defendant -- Messrs. W. D. Andrews, and Dr. Seeds. Attorney -- Mr. G. Smith.
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COURT OF BANKRUPTCY & INSOLVENCY.
DUBLIN, FRIDAY.
[FROM OUR SPECIAL REPORTER.]
[Before the Hon. Judge HARRISON.]
In re J. F. KEIR.
On the application of Mr. E. F. Smith, solicitor, agent to the bankruptcy, the Court gave liberty to accept the proposal made by the Commercial Assurance Company, in payment on account of yarns destroyed on the bankrupt's premises by a fire at Newtownards.
In re VICTOR.
The bankrupt, who was a flax-spinner, passed his final examination and obtained his certificate.
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LANDED ESTATES COURT.
DUBLIN, FRIDAY.
[FROM OUR SPECIAL REPORTER.]
[Before Judge FLANAGAN.]
SALES.
COUNTY TYRONE.
ESTATE OF HUGH AUCHINLECK AND ANOTHER, OWNER; ANNE IRWIN, PETITIONER.
The estate consisted of houses and premises in the town of Strabane, and County of Tyrone, and part of the townland of Lower Ballycolman.
Lot 1. -- Two dwelling-houses and premises in the Main Street, Strabane, held under lease dated 22nd June, 1751, for three lives and 999 years, from November, 1750, at the yearly rent of £27; net profit rent, £24 8s 11d. Sold in trust for £300.
Lot. 2 -- Part of the townland of Ballycolman, containing 3a. 2r. 3½p., Statute measure; net profit rent, £9 4s 8d. Sold for £310, in trust.
Lot 3 -- Dwelling-house and premises in the Main Street, Strabane, and in Back Street, and part of the townparks, called Curley Hill Field, containing 1a. 3r. 10p.; net profit rent, £56 12s 7d. Sold for £660, to Mr. Hugh Johnstone.
Solicitor having carriage of the sale, Mr. W. Moore.
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BELFAST POLICE COURT -- YESTERDAY.
CRIMINAL COURT.
[Before EDWARD ORME, Esq., R.M.; and PETER KEEGAN, Esq., J.P.]
ATTEMPTED ASSAULT.
John Kerr was brought up in custody, charged with having attempted to assault a woman, named Elizabeth M'Kenzie, the previous day.
Complainant deposed that the prisoner came into her shop and wanted her to purchase some oil he was carrying in a can. She said she did not require it, when the prisoner began to throw it over both herself and the articles in the shop.
Mr. DICKSON, who appeared for the complainant, said he was throwing oil on the troubled waters. (Laughter,)
Prisoner was ordered to find bail -- himself in £10, and two sureties in £5 each, to keep the peace and be of good behaviour; or, in default, to go to jail for two months.
DRUNK IN CHARGE OF A HORSE AND CART.
Thomas Riddell was put forward in custody, charged with having been drunk, while in charge of a horse and dray, the previous day.
Fined 10s and costs, or fourteen days' imprisonment.
PARTY EXPRESSIONS.
James Rice, a sweep, was put forward in custody, charged with having been disorderly, and making use of party expressions, by cursing the Pope in Gardiner Street.
Mr. ORME said he was to pay 40s and costs, and if he didn't pay that fine he would get his face washed. (Laughter.)
DRUNK IN CHARGE OF A HORSE AND CART.
John M'Kenna was brought up in custody, charged with having been drunk in charge of a horse and cart, the previous evening, on the Falls Road.
Fined 10s and costs.
PARTY EXPRESSIONS.
Alexander M'Alister was put forward, charged with making use of party expressions in Galway Street, by proclaiming that he was an Orangeman.
It appeared that a crowd had collected round the prisoner after he made use of the expressions, and began to maltreat him. He would probably bave been seriously injured had not the arrival of the policeman put an end to the abuse, by removing him to the safety of the lock-up.
Fined 40s and costs; or fourteen days' imprisonment.
LARCENY.
Wm. John M'Connell, a little fellow, was charged with having stolen two jugs, the property of Messrs. M'Tier & Co., from a crate in one of the sheds at the quay.
The prisoner was sent to jail for fourteen days, at the expiration of which he is to be sent to the Protestant Reformatory for five years.
THE THEFT OF THE £100.
A written application was received from Mr. Rea, asking for an adjournment of the case, owing to the fact of his being confined to bed, from a slight attack of illness.
The MAGISTRATES adjourned the case for a week.
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SUMMONS COURT.
[Before EDWARD ORME, Esq., R.M.; and Dr. M'GEE, J.P.]
PROSECTION BY THE HARBOUR COMMISSIONERS.
Leonard Humphrey, master of the steamer Princess of Wales, was summoned by the Belfast Harbour Commissioners for not sailing at the advertised hour; and also for taking in cargo after the proper hour, on the 20th October last.
Mr. Coates prosecuted.
Fined 20s and 10s costs.
MASTER AND APPRENTICE.
John Hamilton, William Patrick Campbell, John Hutchinson, and Hugh Elliott were summoned by Mr. James P. Corry "for that they, being bound apprentices, did disobey the lawful commands of their master, and they were required to show cause why their indentures should not be cancelled."
Mr. James M'Lean appeared for the complainant, and Mr. Patrick Sheals for the defence.
William Mills, the foreman of the works, was examined, and proved that the defendants were bound apprentices to the bobbin and spool-making in Messrs. J. P. Corry & Co.'s. The defendant Hamilton had several times refused to work at the lathe, and when desired by him to do so, he refused. The other defendants had followed his example.
Mr. SHEALS called Hamilton's father, who proved that Mills had promised to him not to keep his son longer than one year at the lathe, and his son was now upwards of three years at the business, and he was still at the lathe.
The MAGISTRATES ordered the indentures to be cancelled.
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SHIPPING NEWS.
[SPECIALLY COMPILED FOR THE NETS-LETTER.]
WIND -- N.W.
ARRIVED AT THIS PORT ON THE 10TH.
The barque Hubert, Morgan, from Montreal, with wheat -- Haynes & Dale, consignees -- H. Andrews & Co., agents.
The barque Young Eagle, Dick, from Baltimore, with wheat -- Richardson, Bros., & Co., consignees -- S. Lawther, agent.
The Norwegian barque Speed, Neilsen, from Philadelphia, with maize -- Morton & Simpson, Ballymena, consignees -- P. L. Munster & Co., agents.
Syren, Mitchell, from Shetland, with fish and herrings.
James, Stewart, from Campbeltown, with draff.
ARRIVAL OF COAL-LADEN VESSELS.
Enterprise, and Hound, from Ayr; Viking s.s., and Euphemia, from Troon.
SAILED FROM THIS PORT ON THE 10TH.
The Norwegian barque Harmonia, Neilsen, for Barrow, to load for Vers Criz.
The barque Jane Adeline, Hutchinson, for Troon.
Viking s.s., for Troon; Billow, for Whitehead; Melbourne Trader, for Carrickfergus; John, Thos. Connolly, Circassian, and Lady Young, for Maryport.
ARRIVED
At Cardiff, Nov. 9, the Austrian schooner Niord, Camalich, from Belfast.
At Liverpool, Nov. 9, the Oceanic s.s., Thompson, from New York.
At New York, Nov. 9, the Atlantic s.s., from Liverpool -- all well.
In Elsinore Sound, Nov. 5, the Sjogasten, Olsen, from Riga for Belfast.
At Stettin, Nov. 3, the Eclipse (of Belfast), Moore, from Peterhead.
At Troon, Nov. 7, the Theresa, Peass, from Belfast.
LOADING
At London, Nov. 9, the ship Carn Tual (of Belfast), Kitlen, for Adelaide; and the ship Star of Scotia (of Belfast), Smyth, for Calcutta.
At Ardrossan, Nov. 8, the barque Ann & Alice (of Belfast), Liggett, for Genoa.
WINDBOUND
At Copenhagen, Nov. 5, the Storm Nymph, Brannan, of and for Belfast, from Riga
SPOKEN
Oct. 25, the ship Rathern (of Belfast), Mitchell, from Liverpool for Rangoon, in lat. 19 N., long 25 W., by the Great Britain s.s., at Liverpool.
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THE ARMY.
LIEUT.-COL. ANDREW NUGENT, 2nd Dragoons, has arrived at his residence, Portaferry House, on leave of absence.
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THE MILITIA.
LONDONDERRY LIGHT INFANTRY MILITIA. -- Leave of absence, from the 2nd to the 30th of November, has been granted to captain and Adjutant Butler, of the Londonderry Light Infantry Regiment of Militia, and of the duties of Adjutant and Acting Paymaster, during such absence, being performed by Quartermaster Leckey.
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ALLEGED OUTRAGE IN THE KING'S COUNTY.
A few evenings since, as Mr. and Mrs. Leucars, of the Hotel, Shannon Bridge, were returning home from Cloghan, they were violently assailed by three men, and one of them struck Mr. Leucars a severe blow upon the head with a stone. But for the resistance that was made, and the fear of detection from some persons coming along the road, it is feared that much more serious injuries would have been inflicted. No cause can be assigned for the outrage, except that Mr. Leucars had been under the necessity of processing a man in the neighbourhood for a shop debt, and this suspicion is strongly confirmed by the fact that a long time ago the same man was processed by another shop keeper, who was shortly afterwards way-laid in the same direction, and nearly beaten to death.