1942 Fermanagh Herald.

.JANUARY 14, 1942. LARCENY CHARGE AT CASTLEDERG. ‘BOUGHT CYCLE FROM FERMANAGH MAN” Before Mr. J. O. H. Long, R.M., at Castlederg Court, two youths, James Hegarty and William John Hegarty, Cormacoll, Drumquin, brothers, pleaded not guilty to the larceny of a cycle, value £4. They were not professionally represented. Thomas Lynch gave evidence that on Sunday, 7th Sept. he left his bicycle outside Castlederg Chapel and when he came out it was gone. On 28th Sept. he observed a cycle outside a house in Scraghey and on examination. identified it as his although the handle grips and oil bath had been removed. James Hegarty claimed the cycle and said he had bought it from his brother William John. Witness reported the matter to the police. Sergt. Blackstock said James Hegarty came to the barracks and said he bought the cycle from his brother for £2.15s.  William John said he bought the bicycle from a Fermanagh man for £3. He described the Fermanagh man but the police could not trace him. Mr. Long at this stage dismissed the case against James. William John Hegarty gave evidence that he met the Fermanagh man on the road and he offered to sell the cycle, but witness had no money at the time, and they arranged to meet at Castlederg later on. He did so and paid 30s and got possession of the cycle; he met him later by appointment and paid a further £2, getting 7s 6d as a lucks penny on condition that witness would give back the oil bath and witness agreed. The Fermanagh man appeared to have plenty of money. Cross-examined by the District-Inspector, witness said the Fermanagh man would turn his back to people who were passing them when they were negotiating the sale. He had not seen the man since he bought the cycle. Mr. Long said there was a doubt in the case and he would dismiss it, but he made an order that the cycle be returned to Thomas Lynch.

JANUARY 14, 1942. NEWTOWNBUTLER FIRE. BUSINESS PREMISES SERIOUSLY DAMAGED. Serious damage was caused by a fire which broke out during the blackout hours in the grocery and drapery premises of Mr. John J. O’Donnell, Main Street, Newtownbutler. The outbreak occurred on Saturday morning. The alarm was given by the proprietor, Mr. O’Donnell, who was awakened by the crackling of burning timber. He ran to his sister’s bedroom and carried her through the flames to the Main Street. R.U.C. and military assisted civilians to fight the outbreak but by the time they arrived the fire had a strong hold and the flames were extending to the adjoining shop. Water was carried by civilians from the two town pumps in buckets, tubs and creamery cans. When it was seen that it was impossible to try and confine it. Mr. Joseph McNamee and his four sons climbed to the roof of an adjoining shop and broke down the roof, portion of which fell on Mr. McNamee, who was rescued by his son, Marcus. The Enniskillen fire brigade was  summoned but when it arrived on the scene the local residents had the fire under control. Mr. O’Donnell’s premises included a private house as well as a large store, all of which were burned to the ground.

JANUARY 14, 1942. G.N.R. OFFICIAL DEAD. NATIVE OF MAGUIRESBRIDGE. The death has taken place at a Belfast nursing home of Mr. W. A. F. Graham, aged 46, deputy traffic manager of the Great Northern Railway Co. He was a native of Maguiresbridge, Co. Fermanagh, and was educated at Enniskillen Model School, and entered the railway service 29 years ago. He is survived by his wife and. one child.

January 7th 1942. A FERMANAGH DONKEY. AMUSING COURT EVIDENCE. An unusual claim in respect of alleged breach of warranty in the sale of a donkey came before Deputy Judge Ellison, K. C at Newtownbutler Quarter Sessions in Enniskillen. Plaintiff was John Cassidy, of Cullintagh, and he claimed £4 10s damages for the alleged breach from Morton. Greaves, of Knockdooris, Derrylin, who sold him the animal for £2 10s on the 16th September, 1941.Mr. Cooper, solicitor for plaintiff, said the case was an unusual one. The animal was warranted sound and able to pull a 15 cwts. load. The animal was big but not too well looking. On being brought home the animal’s condition became worse and it died. Plaintiff in evidence said defendant asked him to buy the ass in the fair of Ballyconnell, but he did not like to buy it as it was imported. However, the deal was made and the animal was left for him at Blake’s of Derrylin. Defendant said the animal could draw 15 cwts anywhere, and was the best ass in County Fermanagh. (Laughter). He also told plaintiff that when trotting along the road the feet of the ass made a noise like a pony (laughter), and that it had mowed with a pony. The beast was brought home by plaintiff  but it died on 15th October. On the way home it was dragging its feet. Mr. Cooper – It looked like a lady doing one of these new dances. (Laughter). Plaintiff added that the ass had lumps on its backbone, and was, “jinked.” It also walked sideways. (Laughter). Mr. Ferguson (for defendant) —What did you think you were buying, a horse or a donkey?—-A donkey. I am not that far gone yet that I would not know a donkey. (Laughter). Did you ever see a donkey ploughing? –No, but he told me this one ploughed. Don’t you deal in donkeys?—No, but when I get an order I buy one. Didn’t you inspect this donkey? —No, I did not. I was in a hurry for the bus. (Laughter) Didn’t you run it up and down the fair green in Ballyconnell?—No, I took his word for it. You would think it was a thousand-pound horse he was selling. I could not keep him from warranting it. (Laughter). He told me it was the best in the world and was worth £20. This was .a stallion donkey ?—Yes. Did you find it on its back in a drain? —No. Have you got a girl in your house?— She’s not a girl3 she’s a woman. (Laughter) I will not differ with you about the age, but you have a. girl?—I have a housekeeper, if you want to know my business. (Laughter). I don’t want to know your business any more than necessary, but did it take you, the girl and your nephew to pull it out of the drain? There is not a word about it. Fred Hart, M.R.C.V.S. said he examined the carcass of the animal on 15th October and found that it had suffered ailments of the liver, heart and spine. The animal was about 10 years of age and the ailment of the spine was of five or six months standing. To Mr., Ferguson witness said the spinal trouble would be apparent to any one buying the animal. Mr. Cooper–What did it die of?— Witness— it was dead when I saw it. Laughter.). Apparently it lay down as a result of this spinal trouble and ‘konked out.’ (Laughter). To the Judge witness said his opinion was that the animal could not have pulled a load of 15 cwts.

In the witness box, defendant said he had the donkey in his possession for nine months, and the bargain was made with plaintiff in Ballyconnell fair in September. Plaintiff ‘vetted’ the animal in the fair and defendant told him it could pull a good load. No warranty was given, and the bargain was made by a man called Fitch. The first complaint he got about the animal was in the form of a note given to him in Derrylin fair in October, the note demanding defendant to take it back. Cross-examined by Mr. Cooper, defendant said the animal brought a load of 14 or 15 cwts. For him at times. There was no talk of mowing. Mr. Cooper I notice this ass was smuggled twice as a matter of fact. (Laughter). Defendant. Yes. Mr. Cooper. Well we are not going to say anything about that. (Laughter). You bought another ass? Yes. What age was it? It was a wee foal. Mr. Cooper. To plaintiff – What age was it? Plaintiff. It was an oul ass. (Laughter). What did he pay for him? – 18 shillings. Mr. Cooper. What do you intend to sell him for? Defendant – I don’t intend to sell him. (To the Judge)—-I didn’t notice anything wrong in the way the ass walked to Ballyconnell fair. Foster Greaves, son of the defendant, said the ass in question was a strong one, and had always been kept in the house or tied when let out while in defendants possession.

Thomas Fitch gave evidence of the making of the bargain and said plaintiff had been inspecting the donkey all morning. Mr. McEntee of Clones, “the biggest horse-dealer in the world” (Laughter)—was giving £20 for him not so long ago. Witness did not see anything wrong with the donkey when it was running up and down. It was represented that it could draw a load of 15 cwt., but no warranty was given. Mr. Ferguson questioned witness as to whether the offer of £20 was of recent date or not. Witness—Not so long ago, it was wartime. Mr. Cooper — During this war? I think it was the last one. (Laughter). But we have been told it was ten years old? —bout ten or twelve years. How could it have lived in the last war? I suppose it was the last. (Laughter). .It must have been this war?—No. You said it was not so long ago?—Mr. McEntee could have been here if he had been summoned. If it was not so long ago  when was it. I could not tell; I have not a good memory. Was it a year ago? It was more than a year. Was it more than two years?—It may be four or five. The man who owned him said he did not want him any more for the children. Mr. McEntee wanted him as a sire. It was represented he could pull 15 cwts.?— He could run like mad. He could leap over me or Cassidy either. (Laughter). His Honour held there was a breach, of warranty and allowed a decree for £3 with 15/- costs and expenses.

BALLYGAWLEY—Country butter Is 3d to Is 6d per lb.; potatoes 8d – to l0d per stone; fowl; chickens; 5s to 6s, hens 3s to 3s 6d, ducks 3s 9d to 4s 3d—each; slip pigs 75s to-85s, suckers 50 to- 60s— .each.

February 14th 1942. PETTICO COURT CASES. At Pettigo District Court on Tuesday of last week, before Mr. Justice O’Hanrahan, Guard Gallivan summoned Gerald McMenamin, Minchifin for using an unlighted cycle. Fined 5s.

Supt. Noonan charged Michael McGee, Carntressy, with cutting and carrying away eighteen young trees from a cut away plantation at Carntressy on the lands of William Monaghan. Guard James Ryan proved tracing the trees to McGee’s residence. Mr. Monaghan, the owner, refused to prosecute and pleaded for leniency for defendant. A fine of 10s was imposed.

Guard, Gallivan summoned Adam Eves, Gortnessy, for using an unlighted cycle. Fined 6s.

Guard Treanor summoned J. Fitzpatrick, tractor driver, for driving without licence and no rear light. The Justice fined defendant 10s.

February 14th 1942. BROOKEBORO’ COURT CASES. At Brookeboro’ Petty Sessions, before Major Dickie, R.M., Thos. Clarke, Little Mount, was charged with slaughtering a pig without a licence on 2nd January. D.I. Smith prosecuted, and Mr. Stewart, the Ministry’s Inspector gave evidence of visiting Clark’s house, and Clarke admitted having slaughtered the pig, and at that time there were only l0 lbs. of pork left in the house. Clarke pleaded that he killed the animal in November last, as he had a large number of men working, and wanted the pork to feed them.

His Worship, remarking that it was the worst case he had known, fined defendant 40/-.

CYCLISTS’ DIFFICULTIES. His Worship, when dealing with, a number of cases where cyclists, charged with no rear lights, gave the excuse that they could not get batteries, and he would like to make it known that cyclists should have a clear patch of white paint as a background to a reflector when they could not get batteries.

 

February 14th 1942. FERMANAGH CLAIM FAILS. ACTION AGAINST BELCOO TEACHER. BOY WHO LOST EYE. A denial that he had dictated a story to the pupils as to what they should say when asked about an accident was made by the principal teacher, the defendant in an action for damages, the hearing of which was resumed in the Belfast King’s Bench Division on Wednesday of last week before the Lord Chief Justice. Mr. James Ferguson, P.E.T., of Belcoo, was alleged to have been negligent by not exercising proper supervision over the pupils on March, 25, 1959, when one of the boys, Patrick Anthony Leonard, aged 13 years, of Creenahoe, Belcoo, lost his right eve. The plaintiff’s case was that while playing on the road during the luncheon interval he was struck by a stone and he sought damages against the master for negligence. Mr: C. L. Sheil (instructed by Messrs. Cooper and Cooper) was for plaintiff, Mr. J. D. Chambers, K.C., and Mr. J. Agnew (instructed by Messrs. Maguire and Herbert) represented the defendant. The defendant said it was customary for the boys to play on the road on which they had played in his predecessor’s time. Answering his Lordship, the witness agreed that he had no personal knowledge of that. Mr. Ferguson added that he had instructed the boys not to play on the road on Blacklion or Belcoo fair days and the days, immediately following. He had warned the children not to go on the road on the day of the accident as the previous day was Blacklion fair day. He said he was quite unaware that there were pupils playing on the road. In order to get a clear story of what happened he had asked the boys to write a letter stating what had occurred, but there was nothing in the nature of dictation.

In reply to Mr. Sheil, the defendant agreed that the road was the best, playground they had, as there was an open sewer in the yard. There had been a dancing class in the school during the lunch hour. Mr; Sheil commented that a girl pupil who had not been on the road had written in her exercise, book— “No one knows whether it was a ball or a stone that hit him,”

“Did that child imagine that story,” asked Counsel, to which the defendant replied that the girl heard the inquiry going on, and could think for herself and form her own conclusions. It was a description of what the girl had heard from other children. That pupil was only writing an essay. The witness mentioned that he had never seen children in Belcoo School throwing stones.         He agreed with Mr. Sheil that the Ministry of Education were apprehensive about children playing on the road, and that in a circular he had produced it was shown that between January and December, 1939, some 569 accidents to children at school had happened in Northern Ireland, and of that number 575 were due to the presence of the children on roads. He reiterated that he had taken all the care possible. Mrs. Annie McCabe, the first assistant in the school, and a number of pupils also gave evidence. The lord Chief Justice held that the supervision exercised was not unreasonable, saying that the accident was caused by a fellow-pupil who was acting playfully. Having detailed his findings as to fact, his Lordship entered judgment for the defendant, with costs.

February 14th 1942. £15 FINE AFFIRMED. KESH FARMER’S FAILURE TO PLOUGH

John. Spence, Bannaghbeg, Clonelly, Kesh, appealed to Deputy Judge Ellison, K.C., at Enniskillen Quarter Sessions on Friday against a fine of £15 and costs imposed on him at Kesh Betty Sessions for having, as alleged, failed to obey a direction of the Ministry of Agriculture to plough five acres. Mr. Aiden Herbert, solicitor, represented the appellant and Mr. J. Cooper was for the Ministry.

Opening the case Mr. Cooper said it was a somewhat peculiar case. The farm in question was almost twenty-five acres in extent. Appellant was visited by a couple of inspectors from the Ministry to whom he spoke of the difficulty of getting tractors to do the ploughing. To another inspector he said the land was not fit for ploughing. That official took him over the lands and, using a spade, pointed out to him that the soil was suitable for cultivation. He should have ploughed five acres but only cultivated a plot for potatoes and at the Petty Sessions a fine of £15 was imposed. At that Court appellant denied ownership of the farm and told the R.M. it was the property of his sister who lived in Co. Donegal for whom he acted as manager. Under the regulations, an occupier meant a person rated or liable to be rated to the poor rate in respect of the holding or who would be so rated or liable to be rated for the provisions of the Local Government (Rating and Finance) Act (N.I.), 1929, that was the Derating Act and included in relation to any holding, the occupier of which was absent from Northern Ireland, any agent or other person entrusted with the management of the land on his behalf. On appellant’s own statement that he managed the farm for his sister and that he was the herd he was convicted. Since then he (Mr. Cooper] had made a search and found that appellant was the person actually rated for the land (certificate produced). Mr. Herbert intimated that the defence was that the land was not arable.

Samuel Jordan, Ministry’s Inspector, said fifteen acres of the farm were arable. When defendant said the land was not arable witness got a spade, and showed him in the field he said was most suitable that there were four or five inches of soil.

Cross-examined by Mr. Herbert, witness agreed that generally Clonelly was not an ideal district for tillage. He did not test the area he said was arable as there was no question raised by appellant at the time. Furrows in the fields showed that cultivation had been carried out previously.

  1. S. Flack, area officer, swore he visited the farm on 7th March and 26th May. Appellant complained of the difficulty of getting tractors to do work. There were about fifteen acres arable. He agreed that in general Fermanagh farmers were not very fond of ploughing. Appellant had taken out a crop of flax in 1940. In the witness box appellant swore that he was reared on this farm, owned by his sister, and never at any time had there been more than six or seven acres cultivated. In 1940 he got Samuel Mills to work the tractor plough on his land but owing to the rocky nature of the field he was unable to do the work. The soil was only two to four inches deep whereas one needed seven inches of soil to do successful work with the tractor. Appellant also got a man with horses and plough but his ploughman was no more successful than Mills. Mr. Cooper—I suggest you are what is known as a lazy farmer?

Appellant—I have had to work hard all my life.

Samuel Mills gave evidence of his unsuccessful effort to work the tractor plough on appellant’s land. On an adjoining farm he broke eight socks in the ploughing of three acres.

To Mr. Cooper—I believe with a different type of tractor yon could plough this land.

James Allen said he started to plough with a chill plough and gave it up as there was a danger of getting killed. He refused to do any more work on the farm. His Honour affirmed the lower court conviction and fine.

FEBRUARY 14, 1942. £120 REWARD FOR DOMESTIC SERVANT. SEVERE BURNS SUSTAINED. A domestic servant who received severe burns while working at eggs in the kitchen of her employer’s house; her clothing catching fire. and causing severe burns to face, right arm, shoulder and body, appeared before Deputy Judge Ellison, K.C., at Enniskillen Quarter Sessions last week in connection with the recording of an agreement whereby the applicant .had agreed to accept £50 compensation, together with the sum of £10 costs, and £3 11s 0d medical expenses.

The applicant was Margaret Muldoon, Drumcullion, Dernacrieve, Co. Cavan, and the respondent Patrick Rooney, Sessiagh East, Inishmore, Lisbellaw. The matter had been referred to his Honour to see if the compensation was adequate or not. Mr. J; P. Black (for applicant) told his Honour that applicant was employed by respondent as domestic servant, and on the 10th March, 1941, at her employer’s residence she received serious burns.

Mr. R. A. Herbert, LL.B. (for respondent)—Not arising out of her work, according, to my instructions.

Proceeding, Mr. Black said that applicant was detained in Fermanagh County Hospital for a period of about, 4 weeks, and subsequently the agreement was arrived at as set out in the opening paragraph. Applicant gave evidence in the witness box. She said that respondent was in comfortable circumstances. Applicant had been living with a married sister since the accident had occurred, and had no means in the world at all.

Mr. Herbert—I am afraid it is more than a question of means. The doctor, he added, said that the only limitation she had was limitation of her arm on account of skin grafting. Her beauty might be injured, but beauty was not the subject of the Workmen’s Compensation Act.

Mr. Horace T. Fleming, surgeon in Fermanagh County Hospital, described the extent of applicant’s burns when she was admitted to hospital. He had again examined her that day and she was totally incapacitated for work.

In reply to Mr. Herbert, witness said that he did not think applicant could do the ordinary work of a house servant.

Mr. Herbert made an offer of £75 in settlement.        . .

Mr. Black said that applicant had agreed to accept £100. He thought she was meeting respondent very fairly in accepting £100.

His Honour—I am not inclined to sanction a settlement of £75.

His Honour made an award of £120, with £10 costs and £3 3s 0d medical expenses.

 

February 14th 1942. EVIDENCE AT INQUEST. The tragic death of a Kinawley school boy was investigated by Mr. James Mulligan, coroner; and a jury, at an inquest on 6th inst., on William John Thompson (7), Derryvran, Thompson’s Bridge, Kinawley, who was killed instantaneously the previous day by a motor lorry.

Head-Constable Thornton represented the police authorities, and Mr. R. A. Herbert, LL.B. (Messrs. Maguire and Herbert) the driver of the lorry. James Molloy, a conductor on the bus, said the boy was travelling from Stragowna School to his home and got off at Thompson’s Bridge Post Office. Witness was helping other children off the bus; he heard the lorry go past and after a few momenta looked up to see that the accident had occurred. Bernard McGovern, Gortgesh, said he was standing on the roadside and saw the boy go forward from the bus and cross the load end collide with the lorry. He had seen the lorry pass the bus and it swerved as it met the boy, who, however, hit against the left front off side and fell, the wheel going over him. Dr. S. McQuaid, Derrylin, said the boy suffered from multiple injuries to the head and neck. Sergt. Devine gave evidence of measurements.

The lorry driver, Patrick Corrigan, Clonatrig, said he was driving from Derrylin—in the same direction as the bus was headed and the boy was walking— and saw the bus by the roadside at the Post Office. He was driving slowly and passed the bus. He saw no traffic on the road. When he had the engine of the lorry past the front of the bus he suddenly saw the boy a few feet in front of him, crossing the road. He applied his brakes and tried to avoid the boy, but after he got the front of the lorry past him he heard a noise and knew the boy was hit. He stopped and got out and found the rear wheel had passed over the boy’s head. There was four or five tons of sand on the lorry. A verdict was returned that death was caused by injuries received when the boy was knocked down and crushed by the lorry, loaded with sand, and that the accident was unavoidable. The funeral to the Protestant Cemetery, Derrylin, on Saturday, was very large and representative of all creeds and classes.

February 14th 1942. EDERNEY FARMER’S APPEAL CATTLE SEIZURE ECHO.

The seizure of seven cattle belonging to a young Ederney farmer and dealer, and the subsequent forfeiture of five of the animals, had a sequel at Enniskillen Quarter Sessions on Thursday, when David Jones, Crimlin, Ederney, from whom the animals were seized, appealed against their forfeiture of the five animals. Mr. G. Murnaghan appeared for the appellant and Mr. J. Cooper for the respondent authorities. Head Constable Conlin, Kesh, said the cattle were seized on 1st Sept. last on suspicion of being smuggled. Jones’ statement was that two black polly heifers were bought from John Kane, Kilgarry, and three from William Lunny, same place, on 35th June, 1940. Subsequently, Lunny and Kane stated the cattle were sold a year previously. Mr. Murnaghan said the whole thing was the result of a slip in regard to the date of the sale on the part of Lunny, who said 1939 instead of 1940. Kane, when questioned, said he could not remember the date but it was the same date as Lunny’s sale.

Five, witnesses having given evidence for the appellants, and Head-Constable Conlin (recalled) and Mr. J. McMenamy, veterinary surgeon, of the Ministry of Agriculture, for the respondents, Deputy Judge Ellison, G.C., dismissed the appeal.

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