Date: August 6 1840

THE CONNAUGHT JOURNAL
THURSDAY, AUGUST 6, 1840

THE CATHOLIC CHURCH

Newport July 30-Six Protestants, viz., Mrs. Robinson and her five daughters, Eliza Brennan, Mary Anna Brennan, Jane Robinson, Marion Robinson and Lillion Robinson, have this morning embraced the Roman Catholic religion. They were received by the Rev. Mr. O'Brien, C.C., Newport, during mass.

THE ASSIZES
RECORD COURT
Rutledge v. Rutledge

This case which excited such deep interest in the public mind bore, in consequence of the large amount of property depending on the issue, and perhaps a curiosity to see the numerous and eminent special counsel engaged in it. Was called on last Tuesday, about three o'clock, before Baron Richards and a special jury.
At an early hour of the day, every avenue leading to the Court was thronged and every portion of the Court House itself, was densely crowded, particularly the Grand Jury box, which was exclusively occupied by beautiful and fashionably attired ladies.
Mr. Cowan, the Sub-sheriff exerted himself most successfully, in maintaining order and procuring places for all those whose presence was necessary.
The Register having called over, the special jury panel the following gentlemen, were sworn:-
Andrew Browne, Mounthazel, Esq., Foreman; Cornelius O'Kelly, Tye???; James Dillon, Caher house; M. Browne; Peter Blake, Hollypark Nicholas Blake, Frenchfort; Charles Arthur O'Mally; James Kirwan, Bindwell; Patrick Skerett, Loughrea, Walter Joyce, Curgory; james Mahon, Northhampton; and Edmond Burke, Anna, Esquires.
Mr. J.G. Holmes opened the pleadings, it was on action of ejectment on the title for the recovery of certain lands known by the name of Kellyscope, &c., situate in the county of Galway; the declaration contains the usual counts, selling out various demises and the defendant took defence for all the lands mentioned in the pleadings.
Mr. West, Q.C. stated the case of considerable length; but as the facts which appeared according to his statement have already been more than once before the public; and as it is more than profitable, they will be shortly brought forward again, we think it unnecssary to report them; the principal, and indeed the only question to be relied on by the Plaintiff, who is a young Barrister, and the adopted son of the late Mr. Robert Rutledge, of Bloomfield, in the county of Mayo, is the illegitimacy of the Defendant, Sir George Rutledge, whose father, David Rutledge, who is alleged to have been a member of the Established Church of England, all of his life, had been married in 1794, by a Roman Catholic priest, the Rev. John Duffy; in 1803 the ceremony of marriage was again performed between him and his wife, by the Rev. Mr. Bell of the church of England, the Deft having been born previously there were several children born after the marriage in 1803 amongst whom was one son Wm. who was afterward a Lunatic, and died without legal issue in 1832, the declarations of the late David Rutledge and his wife together with several depositions filed in the Court of Chauncery, describing that Wm. to be his (David's) eldest son and heir, notwithstanding the birth of George was previously, was relied on by the plaintiffs as conclusive evidence of the defendant's illegitimacy. The learned gentleman stated the facts at great length and at six o'clock was adjourned to
WEDNESDAY-THE SECOND DAY
Mr. West at the sitting of the Court intimated to his Lordship that in consequence of the important and material witness named Irwin not being forthcoming the plaintiff could not proceed to trial with any safety, the Record should therefore, for the present be unavoidably abandoned pursuant to the arrangements entered into on the day before (Tuesday) but he (Mr. West) took that opportunity of giving the defendant to bring down the Record again for trial at next Assizes, and that he would most positively do so.
Mr. O'Connell hoped if it was brought down, that the defendants cause would be then as well prepared as it was now, he (Mr. O'C.) never saw a better arranged case in his life.
After some further observations the jury were discharged without compensation, they not having found a verdict.
The plaintiff's Bar consisted of Mr. West, Q.C.; Mr. Keating, Q.C.; Mr. Blake, Q.C.; Mr. Monahan, Q.C.; Mr. Atkinson; Mr. Fitzgibbons; and Mr. Holmes- Solicitor Mr. Charles O'Hara.
The defendant's Counsel were, Mr. D. O'Connell, M.P.; Mr. Littleton, Q.C., M.P.; Mr. T.B.C. Smith, Q.C.; Mr. Armstrong; Mr. O'Riley; Mr. Baker, Mr. W. Bourke; Mr. Courtney; Mr. O'Dowd; Mr. W. M'Dermott; Mr. P.J. Blake; Mr. C.G. Burke; and Mr. Concannon- Solicitor Mr. Joseph Kelly.

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RECORD COURT.

There were several records tried at our late assizes, the most important of all, and which engrossed the attention of the public, was that of Rutledge v. Rutledge, which terminated rather abruptly, the case being withdrawn by the plaintiff.
William Kelly, Esq., of Barnaslodge, obtained a verdict of £80 and costs against his tenant, Mr. Cullinane, for burning a greater quantity of land than his case permitted.

DARING ESCAPE FROM PRISON- On the night of the 24th instant, two of the prisoners confined in Omagh gaol, who had been convicted of cow-stealing, affected their escape by breaking through the roof and descending by means of their sheets and blankets, which they tied together. They afterwards cleared the walls by means of a poker (how obtained is not known), which they contrived to fasten successively in different places a la Jack Sheppard. This occurred at midnight and shortly after the sentries had cried out 'all's well.' Every exertion was made by the police to find out the track of the fugitives, but in vain. They were to have been sentenced to transportation by Judge Torrens on the following morning. The names of these bold and ingenious fellows are William Hunter, alias M'Crea, and John Allen. Hunter was a professor of languages at one time in an American college, and Allen was author of several religious controversial works, exhibiting much shrewdness of argument and very considerable literary ability, though of the crassa Minerva kind. He was, no doubt, also deeply read in Mr. Ainsworth's novels.--Derry Standard

ADDRESS
TO EDWARD M'SWINEY, S.I.P.

SIR- We, the undersigned inhabitants of Galway and its vicinity, having heard of your removal from this District, cannot allow you to leave without giving vent to the feelings of regret we entertain at your departure, and the great satisfaction we experienced during your residence amongst us.
Your constant and steady co-operation with the local authorities imparted such combined strength and irresistable vigour to the administration of justice, that their power was continually exercised with undiminished efficacy and wonderful success, a convincing proof of which is to be found in the remarkable fact-that at our present Assizes there is only a single criminal for trial which obviously shows the affective means that have been adopted by which crime has been almost suppressed and tranquility preserved.
The firm yet courteous discharge of your official duties has rendered our private intercourse undisturbed by any unkind feeling or painful difference, so that not only the public peace, but the social compact have been maintained uninterrupted and without diminution; and in our private society (where you have been so justly endeared) a blank will be left by your departure which cannot be easily filled up.
In conclusion we beg you will accept this trifling but sincere tribute of our respect and esteem and trust that you will permit us to hope that neither time nor distance shall ever dissolve the feelings of affection and friendship that so strongly exist between us. Wishing you all possible prosperity in your private and public career. We remain your faithful and attached friends,
G.J. P. Browne, J.C.P. John Rooney, C.C.
Edmond Blake, Mayor William Kelly
Val. Blake, Bart. D.L. George Cummins, C.C.
William O'Hara, Recorder John Blakeney
Lachlan Maclachlan, J.P. Richard Adams
John Ireland, J.P. L. Leonard, C.C.
J. Killery, High Sheriff Samuel Shone
L. O'Donnell, Vicar General. John Redington
P.M. Lynch Henry Comerford
Nicholas Lynch James Costello
Denis Kirwan Charles Costello
Michael Blake, Frenchfort P. Morris, R.C.C.
Pierce Joyce Joseph M'Donnell
John Atkinson P.E. Burke, O.S.F.
Arthur Ireland ?. H., Bath
Francis Fitzgerald James Hughes, O.S.F.
B.J. Roche, P.P. M. D'Arcy
M. Coulahan, M.D. Owen Martin
J.C. Dennis Martin Carroll
P. Moran, M.D. E.C. Burke
Henry Blake, M.D. J.M. O'Hara
A.P. Lynch Edward Killeen
James Browne Robert O'Hara
James Fynn Richard Joyce
Denis Clarke Frederick Denis
Barthw. O'Flaherty H.W. Banks
John Browne James Martin
Henry E. M'Donnell Walter Mitchell
Bernard Murphy M. Nevin
J.B. Pardon P.F. O'Kelly
Edward Fitzgerald John Molloy
James Copeland R. Stephens
James P. Burke E.P. Costello
R.N. Summerville Thomas J. Costello
R.J. Ievers Robert Langford
Lambert Mahon Patrick Staunton
M. Egan M.D. Hennecy
J. Kelly E.W. Costello





AWFUL AND MELANCHOLY DEATH- On Wednesday night Hugh Harris of Ashford, Esq., a member of the grand jury of Armagh, went to bed in apparent good health; during the night he became seriously ill and about six o'clock on Thursday morning he dropped down in the street on his way from the hotel to proceed home and instantly expired. We have seldom had to record the death of a person more universally beloved and lamented-the melancholy event has cast a gloom over the members of the grand jury and the inhabitants of the city in general.-Evening Mail

SUDDEN DEATH OF WILLIAM JOHNSTON, ESQ.- This lamented gentleman, who was surveyor to the county Waterford, got suddenly ill in the county grand jury gallery during the sitting of the court on Monday; he was removed to the secretary's room and there instantly died. It appeared on evidence that the deceased had been ill of an affection of the heart for the last ten months, and that it was the belief of his medical adviser that his case was a hopeless one. An inquest was held on the body where it lay, by Thomas Izod, Esq., county coroner, and the finding was "Death from the effects of an affection of the heart."-Kilkenny Journal

THE MAGISTRACY- The Lord Chancellor has been pleased to appoint upon the recommendation of the Marquis of Sligo, John Joseph Browne, Esq., of Brownstown, in the county of Mayo, and of Richmond House in the county of Wexford a magistrate of the county of Mayo.

SENESCHAL OF THE MANOR OF CLAREMOUNT.

We have been informed on the best authority that Edmond Lee, Esq., of Sandy Mount, has been appointed to the above ancient and honourable office vacant by the death of the late Thomas Evans, Esq.- We are convinced the Lord of the Manor, Thomas Martin, Esq., M.P., could not have a better selection as Mr. Lee's experience with high character for honor and integrity will insure strict impartiality and the consequent satisfaction of the numerous suites of Beronial Court.

EDWARD M'SWEENEY, ESQ.

Limitted as we are this day for room, we can only briefly call the readers attention to the well merited address to the above much respected gentleman from the citizens of Galway. In the zealous and efficient discharge of his official duties, as sub-Inspector of the Galway police, he acted with great credit to himself and satisfaction to the public his conduct being upon every occasion regulated by an anxious desire to discharge his duty fairly and impartially.

GALWAY ASSIZES.

Our Assizes having terminated on Wednesday, the Judges left town on that day. The following are the convictions which took place in the County Court, and only one case for trial in the town:-
Cowstealing, 5, three for imprisonment and 2 for transportation.
Larceny, 6.
Abduction, 2, judgment of death recorded.
Ass-stealing, 1.
Administering an illegal oath, 1, to be transported for life.
Sheepstealing, 9.
Manslaughter, 1.
Pig-stealing, 1.
Forgery, 1, to be transported for life.
Assault, 8.

BIRTH

At Back-street, the lady of James Browne, Esq., of a son.

DIED.

At Loughrea, on Monday last, of a few days illness, sincerely lamented by his family and friends, Mr. George Nethercott, Jailor of the bridewell of that town. The sudden and premature death of Mr. Nethercott, who was a very active, correct and efficient public ?, is much to be regretted, and must be a source of deep affliction to is wife and young helpless offspring. It reflects great credit upon the High Sheriff, Lord Ashtown, as well as upon Joseph Henry Cowen, the Sub-sheriff and clearly proves that they were influenced by a kind, considerate, and humane feeling for they have continued the widow of the deceased in the management of the Bridewell, the duty of which she is very competent to discharge; although numerous applications have been made to them for the situation.

THE LATE SERMON

The Committee of the Lombard-street Free School, beg give Public Expression to their feelings of gratitude, and thanks to the Rev. Doctor Kirwan, for his truly eloquent advocacy of the claims of that Institution in his Sermon of Sunday last. They also beg to offer their sincere thanks to the Gentleman who had the kindness to attend as collectors; and to all who, on that frustrating occasion, came forward so cheerfully to identify themselves with the moral and religious Education of the poor.
The collection, after the Sermon, amounted to £35, 10s., 10d. including the following, very liberal, contributions viz:-

£.s.d

Hon. Thomas Ffrench,Castle-French...1.0.0
P.M. Lynch........................................1.0.0
Mark Lynch........................................1.0.0
Richard M. Lynch...............................1.0.0
James Lynch.......................................1.0.0
Arthur Ireland.....................................1.0.0
James D'Arcy.....................................1.0.0
Henry Comerford...............................1.0.0
Robert Power.....................................1.0.0
George Rutledge.................................1.0.0
Walter Joyes.......................................1.0.0
P.M. Burke........................................1.0.0
Miss Anne Geoghegan........................1.0.0

IN CHANCERY

George Acheson, and
Deborah Acheson, otherwise Evans, his Wife,
Plaintiffs,
John Fair, acting Executor,
Of Henry Cannon and Administrator
with the will annexed of William Cannon and others, Defendants.
_________________________
George Acheson, Administrator of Deborah Acheson ,Deceased, Plaintiffs.
Same and others, Defendants.

Pursuant to the Decree in this cause, bearing the date, the 4th day of June, 1840, I require all creditors and legatees of William Cannon, late of Hill-mount, in the county of Galway, Esq., deceased, the testator in the pleading in this cause named to come in before me in my Chambers, on the Inns Quay, City of Dublin, on or before, the 15th day of September next, and proceed to prove the same, otherwise they will be precluded the benefit of said decree.
Dated, this 1st day of August, 1840.
Thomas Goold.
Charles Fitzgerald, Plaintiffs Solicitor, 4 Grattan st., Dublin.

NOTICE

That no person is at liberty to kill Game on the Estate of
THOMAS B. MARTIN, ESQ., M.P.,
and any person found trespassing thereon shall be prosecuted to the full extremity of the law. Ballinahinch Castle, 15th July, 1840.
N.B. The Mountains are poisoned.