1942 -Are you a passenger pedaling your own bike? Smuggling.

2-5-1942 ENNISKILLEN GROCER’S SUCCESSFUL APPEAL. Ernest Colvin, grocer, High St., Enniskillen, appealed at Enniskillen Quarter. Sessions on Thursday against a penalty of £50 imposed at Enniskillen Petty Sessions on a charge of knowingly harbouring seven sacks of coffee beans with intent to evade the prohibition of export thereon. Mr. J. Cooper, D.L., Crown Solicitor, said that after Colvin had been convicted they succeeded in arresting a man from the Free State named Keenan, .for whom, this coffee was, and he was fined £50. When the case same on against Keenan they had interviewed Mr. Colvin and his assistant, and got them to come and give evidence against Keenan. In view of this fact the Customs Authorities would agree to this penalty, being reduced to £25. Mr. E. C. Ferguson, D. L. (for Colvin) agreed to this course, and accordingly his Honour affirmed the conviction, but reduced the penalty to £25.

2-5-1942 WHISKEY SEIZURE BY FLORENCECOURT POLICE. Sergeant Ryan and Constable Redpath, Florencecourt, on Saturday evening stopped a car at Drumcarn, Belnaleck, Co. Fermanagh, and on searching it found 6 five naggin bottles of whiskey, four similar bottles of wine and two large bottles of gin, as well as a dozen egg cups, a quantity of tobacco and cigarettes, a showerproof coat and quantity of sweepstake tickets, all of which were seized, together with the car. The driver was taken into custody,, and on. Sunday afternoon was allowed out on £20 bail to appear at next Enniskillen Petty Sessions. Major Dickie, R.M., attended at the Barracks, on Sunday afternoon, and the car driver was ,present with his solicitor, but no court was held, the reason being that the magistrate could not discharge any judicial function on a Sunday, though he can sit as a magistrate. The case could only have been .proceeded with had the man sufficient money to pay any fine which, if he had been convicted, might have been imposed. Had the case been heard and a fine inflicted, the order would have been unenforceable, as the Court was held on Sunday.

2-5-1942 FIRE AT CASTLECOOLE. BUILDINGS DESTROYED. An outbreak of fire occurred on Saturday afternoon in outhouses at Castlecoole, Enniskillen, the residence of the Earl of Belmore. The Enniskillen Town Brigade and the Auxiliary Fire Service, both under Mr. James Donnelly, town surveyor, receiving notification at ten minutes to one, were on the spot before one clock a quick turn-out which probably saved extensive buildings because the fire had gained a firm hold on the solid buildings and was burning fiercely. The efforts of the Brigades were chiefly directed towards confining the outbreak. Until. 2.30 p. m, the battle with the flames continued, ending only when about forty yards of the buildings had been destroyed roof and floors being burned out. The A.F.S. Brigade was under the immediate command of Mr. Freddy Bleakley with Mr. J. Lusted, A.F.S. chief in attendance.

2-5-1942 PARTY VOTE ECHO. FARTAGH COTTAGE TENANCY. An echo of a recent Enniskillen Rural Council party vote on a cottage tenancy was heard at Derrygonnelly Petty Sessions, on Friday, when the Council was granted a decree for possession of a cottage at Fartagh, against Miss Mary Millar. Miss Millar’s father was the tenant until his death a few months ago. Miss Millar applied for the cottage, but it was granted to a Unionist by a party vote of the Rural Council. Miss Millar is a Catholic.

SEIZED BICYCLE AT BELLEEK BARRIER. JUDGE RECOMMENDS RETURN ON PAYMENT OF DUTY. Are bicycles liable to purchase tax? Although, according to Mr, George Dixon, Surveyor of customs and Excise for County Fermanagh the tax is collected throughout Great Britain and the Six Counties on bicycles, Mr. R. A. Herbert, L.B. (Messrs. Maguire and Herbert, Enniskillen contended during the course of an appeal at Enniskillen Quarter Sessions on Monday, before Deputy Judge Ellison, K.C., that the wording of the Section of the Act governing the matter makes bicycles not liable.

The appeal was one brought by Terence McGowan, of Ross, Tullyrossmearn, Co. Fermanagh, against an order of Major Dickie, R. M., forfeiting a bicycle under the Customs Acts. When cross-examining Mr. Dixon, the Customs Surveyor, Mr. Herbert referred the witness to the Finance Act No. 2, 1940, which created the Purchase-Tax, and stated that the schedule set out goods that were chargeable with purchase-tax. In the first column (that setting out goods charged at the basic rate of one third were the words: Road Vehicles and Cycles (whether mechanically propelled or not) being vehicles and cycles constructed or adapted solely or mainly for the carriage of passengers.” Mr. Dixon said that was the Section, which gave authority to charge purchase tax on bicycles.Mr. Herbert — Who would be the passenger on a bicycle?—He is his own. passenger. It is being definitely charged and paid all over the United Kingdom. It is time it was questioned.Mr. Herbert said a passenger was already interpreted in law. This boy cycling on this bicycle could not be said to be a passenger. Judge Ellison said he did not think the language in the Section was very neat for the purpose.

Mr. Herbert — It is very far from neat. He further argued that a machine constructed for one person to ride did not make the machine one “constructed for the carriage of passengers.” His Honour held against Mr. Herbert who raised the paint because one of the taxes the appellant was stated to have failed to pay was his purchase tax. Giving evidence for the respondent,  Customs Officer George Forrest, Belleek, stated McGowan was cycling past the barrier there, not stopping, when witness called on him to stop, seeing that he was riding a new bicycle. McGowan in answer to witness’s questions said he belonged to Kiltyclogher, but produced a national registration, card with his address at Ross, Tullyrossmearn. He asked him to account for the fact that he had stated he was from Leitrim, while he was from Ross, and McGowan said he lived at both places off and on, and that he had been, living in the Six Counties for ten years. He said he had borrowed the bicycle from his brother in Kiltyclogher as his own had been stolen. He then offered to pay whatever was necessary. Witness seized the bicycle and an order for forfeiture was granted at the Petty Sessions. “There has not been one single instance,” said witness, “of where a bicycle has been smuggled and has been confirmed as having been smuggled into the Six Counties where the bicycle has not been stated to have been a borrowed bicycle although the bicycle has actually been new at the moment. In cross-examination by Mr. Herbert, witness said cyclists should stop, and go into the Customs hut if necessary. Do you stop all cyclists? —I do if I am on the road. We all pass these huts and see what occurs?—Sometimes it is after five o’clock (when the Customs hut closes).

George Dixon, Customs Surveyor at Enniskillen, stated a Customs duty of 30 per cent, ad valorem was chargeable on Eire-built machines unless satisfactory evidence was produced (a certificate of origin from the manufacturer) that the machine was Empire-made and that the cost of materials and labour involved reached a certain percentage. Mr. Herbert—Could it have been of anything but Empire origin in these days? –Witness stated he admitted the present circumstances, but still the certificate was necessary. Mr. Herbert—Playing with the law like a child, isn’t it?—No, it isn’t. Would you swear this is a foreign article?— I cannot swear it, but it is for the importer to displace the prima facie charge by providing evidence. Were these things drawn to the attention of the importer? —It is the importer’s duty, if he wishes to claim preference, to make a declaration that he claims preference. Don’t you think it would only be fair before putting Customs duty into force that the attention of the importer should be drawn to the provisions? —Undoubtedly, if the citizen had come into the hut and stated he had imported it. Mr. Herbert—A sort of Please, sir, can 1 pass?

Mr, Herbert said McGowan came from Kiltyclogher but had been staying with friends in Ross for some years off and on. This was the smallest thing he had ever come across in the Customs line The same sort of point was raised before where a solicitor in Donegal drove his, car up to the barrier and the Customs seized it as having been imported, but the car was subsequently returned. This boy came along a proper route at a proper time and his bicycle was seized. He had gone a hundred yards or two into Six- County territory. It was straining the law very far to say a certificate of origin was required. Why didn’t they tell him to go back? When he found out the position the boy offered to pay. Mr. Cooper said this was not the only case brought up at the same place. The smuggling of bicycles into the Six Counties was a wholesale business. Mr. Herbert—There is no evidence of that. Judge Ellison said he should be inclined to confirm the order and say he thought this boy should be let off if he paid what he should pay. Mr. Cooper—-We will forward it to the Customs, and they will obey your Honour’s recommendation. Mr. Herbert said Major Dickie had stated that if the brother had appeared to say the bicycle belonged to him he would have given it back. Unfortunately the brother could not appear as he was engaged in munitions work in England. His Honour—I think Major Dickie’s view of that was the right one.

APPEAL AGAINST JAIL SENTENCE. SUCCEEDS AT ENNISKILLEN. At Enniskillen Quarter Sessions on Thursday, before Deputy Judge Ellison, K.C., James E. Maguire, Cran, Fivemiletown appealed against sentence of three months’ imprisonment imposed at Kesh Petty Sessions in February, when he was charged with the larceny of tools from a camp where he had been employed on work of national importance. Mr. R. H. Herbert, LL.B. for appellant said appellant was a young tarried man, with two young children just school going age. He was a joiner and carpenter and had led an exemplary life.

Mr. J. Cooper, D.L., Crown Solicitor, for the Crown, said that at the time of the prosecution irregularities had been going on in the camp—stealing of goods— and the sentence in this case was very fully justified. It was the least possible sentence the magistrate could put on. Since defendant had been convicted he had given certain information to the camp authorities which enabled them to trace very considerable quantities of other goods and put an end to a very big racket that had been going on. The camp superintendent had asked him (Mr. Cooper) to ask his Honour to deal with the appellant in the same way as another defendant had been dealt with—to fine him the sum of £15. He (Mr. Cooper) would consent to that if his Honour approved of it, but only because of the very valuable information which, appellant gave to the authorities. Sidney E. Sullivan, camp superintendent, told his Honour that appellant had helped him immensely as the result of information given. His Honour affirmed the conviction, but instead of the jail sentence imposed a fine of £15.

2-5-1942 “READ EXCEPTIONALLY WELL” Customs Officer Congratulated at Belleek. When nearly two foolscap pages of closely-written matter—a statement taken down by the witness—had been read in a loud, dear voice by Customs Officer George Forrest, Belleek, at Enniskillen Quarter Sessions, on Monday, Mr. J. B. Murphy, solicitor, congratulated Forrest, remarking: “It is the first, statement I ever heard read out which I was able to hear every syllable. He certainly read it exceptionally well.” Mr. Murphy had given Mr. Forrest a severe cross-examination, but said that, despite that, he must pay Mr. Forrest the above tribute.

 

9-5-1942. JOTTINGS. Accident.— Mr. Joseph Lendrum, Civil Bill Officer, Clones, sustained severe cuts to his face and hands when he was thrown from his bicycle while on official business in Newbliss district.

Nine Typhoid Cases in One Family—In her half yearly report to Enniskillen Rural Council, Dr. Henrietta Armstrong, medical officer, Tempo, stated on Tuesday that nine cases of typhoid had occurred in one family during the period.

Only a Third Tendered For—Although tenders had been invited for the maintenance of twenty-two roads only seven tenders were sent in, it was stated by Mr. J. Brown, clerk, at the quarterly meeting of the Enniskillen Rural District Council on Tuesday.

Train Derailed—Four wagons of the goods train from Clones were derailed at Enniskillen Railway Station on Friday evening, causing suspension of services on the particular line, from shortly after 12 till 11 p.m. Crane and other equipment had to be sent from Dundalk to restore waggons to the rails and clear the line.

Cycle Combination Strikes Bus.—Harry M. Burnside, an American technician, was fined 10/- at Enniskillen Petty Sessions on Monday for having driven a motor cycle without due care and attention. District Inspector Peacocke stated that defendant pulled out of a line of traffic and struck a bus coming in the opposite direction.. The driver of the bus gave evidence that he tried to avoid a collision, but the sidecar of the motor cycle combination struck the bus.

£40 Sought for Mountain Burning— Enniskillen Rural Council on Tuesday received a preliminary notice of application for £40 compensation for the alleged malicious burning of heather mountain grazing and fences at Killyblunick Glebe, Kilskeery. The claim was forwarded by Messrs. Donnelly and O’Doherty, solrs., Omagh, on behalf of Francis Murphy. Mr. J. Brown, Clerk, thought this place was not in the Enniskillen rural area. Chairman, (Mr. J. J. Coalter, J.P.)— Part of’ the mountain may be. The matter was referred to the Council’s solicitor

9-5-1942. Tractors on Roads.—James Magowan, Innishway, Blaney, was .fined 5/- and 4s costs at Enniskillen Petty Sessions on Monday for driving a motor tractor on the public highway without being licensed for the purpose. He was also fined 5/- and 2/- costs for not having the wheels fitted with smooth-soled tyres. Const. Wilson proved the offence. For a similar offence, John Cox, Ballylucas, was fined 5/-: and costs;. Major Dickie, B.M., expressed the hope that there would be no more of these cases, as the Co. Surveyors were complaining about these things.”

9-5-1942. COMING EVENTS

Tuesday, May 9—-Home Guard Dance, Townhall, .Enniskillen.

Sunday, May 10— Dance MacNean Hall, Belcoo.

Tuesday, May 12—Home Guard Dance, Townhall, Enniskillen.

Whit Monday, May 25—E.U.F.C. Dance Townhall, Enniskillen.

9-5-1942. NEW CEMETERY FOR CATHOLICS. The present Catholic Cemetery in Enniskillen being now almost entirely used, Ven. Archdeacon Gannon, P.P., V.G., announced at the Masses in St. Michael’s Church, on Sunday, that use will be made in future of the public cemetery at the Tempo road, near the town. In the Protestant part of this burying ground, there are hundreds of graves, but not more than a dozen interments have taken place in the portion reserved for Catholics.

9-5-1942. BROUGHT EGGS FROM CO., MONAGHAN. EMYVALE MAN FINED AT ROSLEA. At Roslea Court, before Major Dickie, R.M. John McCrudden, Golan, Emyvale, Co. Monaghan, was charged with illegally importing 60 doz. eggs from County Monaghan. Mr. Cooper said defendant was caught, bringing over 60 doz. eggs on a bicycle into the Six-County area. Mr. J. B. Murphy (for defendant) said his client was the son of a six-acre farmer in Co. Monaghan, and was cycling across with the eggs. He wanted to point out the sons of small farmers in “Eire” had nothing like the money they had in the Six Counties at the present time. Defendant was fined £5 11s, equal to the single value of the duty.

9-5-1942. EDERNEY P.P. INJURED. On Friday evening at Manoo, Cross between Kesh and Irvinestown, Co., Fermanagh, a collision took place       between a motor-car driven by Rev. P. McCarney, P.P., Ederney, and a military vehicle. Father McCarney, who was coming from Irvinestown direction, was seriously injured and his car completely wrecked. He was removed to Fermanagh County Hospital, Enniskillen.

9-5-1942. THROWN FROM CART. BELTURBET MAN’S TRAGIC DEATH. Dr. J. Stuart, coroner, held an enquiry in Cavan Surgical Hospital into the death of Jas. McManus (68) farmer and shop keeper, Drumgart, Belturbet at the institution as the result of falling from a cart. The evidence was that when drawing manure in a cart the pony bolted and the deceased was thrown out of the cart. Dr McInerney, house surgeon, stated that the man died from respiratory failure due to spinal injuries. A verdict in accordance with testimony was returned.

CIVIL DEFENSE EXERCISE IN ENNISKILLEN. The Wardens, Casualty and Rescue Services of the A.R.P. organisation in Enniskillen took part in an outdoor combined exercise on Tuesday night. Casualties and incidents were staged in various parts of the town and were expeditiously dealt with by the various services concerned. Work generally was well done, services quickly on the spot, and in general the leaders of parties and instructors have every reason to congratulate themselves on the degree of efficiency attained. More drill and more practices are needed to reach the required standard, but it is obvious from this practice that the groundwork has been well done.

The Report Centre exercised efficient control and showed that they had complete knowledge of the different business of co-ordination and control. The exercise showed very plainly the need for a really efficient messenger service. Telephonic communications for short distance calls during hostile air activity may be regarded as, if not impossible, at least much too slow. More messengers are required, especially those with bicycles. Special uniform and equipment are provided free to cyclist despatch riders. The umpires who supervised the practice were:—Casualty Services, Dr. W. A. Dickson; Wardens and Rescue Parties, Major J. A. Henderson, A.R.P.O.; Report Centre, Mr. J. W. Lusted; Transport, Mr. J. W. Maxwell; Director of Practice, Capt. W. R. Shutt, M.C., County Civil Defence Officer.

MAY 9, 1942. The Regal Cinema, Friday, May 8 and Saturday—

BING CROSBY, BOB HOPE DOROTHY LAMOUR.

THE ROAD TO ZANZIBAR

Monday, May 11 and Tuesday— VIRGINIA BRUCE, JOHN

BARRYMORE. THE INVISIBLE WOMAN

Also Dennis O’Keefe, Constance Moore in

I’M NOBODY’S SWEETHEART NOW

Wednesday, May 13 Thursday— MIRIAM HOPKINS CLAUDE RAINS

LADY WITH RED HAIR

Also William Lundigan, Eddie Foy, Jr, THE CASE OF THE BLACK PARROT.

9-5-1942. INSURANCE FOR SMUGGLERS. Comments on Fermanagh Solicitor’s Statement. Commenting on a statement made by Mr. J. Cooper, Crown Solicitor for Fermanagh, in a smuggling prosecution in Newtownbutler that in Co., Monaghan people could take out policies of insurance against capture whilst smuggling, a writer in the “ British Journal of Commerce,” the leading shipping paper, says: “ By inference, the Crown Solicitor appears to have considered these insurances to be reprehensible, but if they are, then such reprehensible practices are countenanced by the very law which, the Grown Solicitor was employing in his prosecution, the law of England, which, presumably, runs in Northern. Ireland save in so far as there is special legislation for that part of the United Kingdom..

“It was in 1779 that Lord Mansfield, to whom, we owe so much of our marine insurance law, held that it was not illegal to effect an insurance on a smuggling adventure into a foreign country. It was in the case of Planche v. Fletcher, and his very words were ‘At any rate this was no fraud in this country. One nation does not take any notice of the revenue, laws of another.’

“If, however, any would-be smuggler is thinking of effecting a policy, on a cargo of contraband, presuming he can obtain the necessary export licence, he should take care to inform his under-writers of the nature of the adventure, for while it may be legal to insure a smuggling venture, to fail to inform the insurers of its nature would, surely invalidate the policy by reason of concealment of material fact.”

9-5-1942. ENNISKILLEN VANDALISM CONDITION OF TOWN HALL. “For some reason there has been a determined attempt to wreck everything in the Town Hall and public lavatories,’’ said the Borough Surveyor (“Mr. T. Donnelly) at Enniskillen Urban Council on Monday. “There seems to be a systematic wave of destruction for the past, six or nine months,’ he added. These remarks arose out of a report upon a series of malicious damages to public conveniences and lavatories in the town; also electric light fittings and clothes racks in the Town Hall. “In all cases the damage appears to have been wilful, and carried out with the object only of destroying property. During the past months the entire water supply fittings to the urinals in the Town Hall lavatories have been broken away from their positions, and left lying on the floor, although they were properly secured to the walls, the chromium-plated stand to a wash-basin was smashed, and part of it taken away, etc.” Chairman (Senator Whaley)—This damage has not been done by children—it has been done by adults.

Mr. Devine said this was all due to lack of supervision. Mr. W: S. Johnston disagreed Damage would not be done while their caretaker was about, and he could not stand all day in the lavatories. Mr. Johnston then told how he and their Surveyor tried some of the fittings and could not budge them. “It would take a superman to pull off some of the fittings-it must have taken terrific strength,” he commented.

9-5-1942. WANT TURF PRICES FIXED. ENNISKILLEN COUNCIL REQUEST. Enniskillen Urban Council is to communicate with the Ministry of Commerce with a view to having the price of turf fixed. The matter was raised by Mr. W. Monaghan, at the Council meeting on Monday, when, he said fuel was a problem. In the interests of the poor, the Council, should take up with the authorities the question of regulating the supply and price of turf. He understood exorbitant prices were being given for stacks .of turf by people who were in a position to give high prices, and this might; react against the poor during: the coming winter. Some regulation of supply and price was made during the last war.         Mr. Devine said it was a very important matter. Turf prices should be controlled. The Chairman (Senator Whaley) said he believed it was during the coal strike that there was a collection in the district to supply turf to the poor of .the town at reduced prices. The Council agreed to write to the Ministry asking for the advice of the Ministry on the whole  position and to establish fixed prices for turf and regulate the supply.

 

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