1942 Fermanagh.

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.

2-5-1942 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 I 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 snuggling 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.

25-4-1942. BELNALECK YOUTH’S LAPSE. A Belnaleck youth’s lapse led to his appearance at Enniskillen Petty Sessions on .Monday, before Major Dickie, R.M., charged with, larceny. The defendant was John Patrick Boyle, Toneyteague, and the articles concerned were a coat value £4, a silver watch value £4, a gold watch valued about £5, and the sum of 5/-. District Inspector Peacocke, who prosecuted, said that the silver watch, coat, and the sum of 5/- had been recovered. Constable Ewart gave evidence of a statement made by defendant, and, in reply to Mr. P. J. Flanagan, LL.B. (defending), said that defendant made a clean breast of the whole thing. Mr. Flanagan said that this had come as a complete surprise to defendant’s parents and everybody else, as heretofore defendant had borne an unblemished character. “He says he simply did not know what came over him,” said Mr. Flanagan, who added that defendant was prepared to make restitution for the gold watch that had not been recovered. His Worship bound over defendant for two years in his own bail of £10 and one surety of £10. He also ordered him to pay within three months the sum of £5 to Mrs. Cathcart, Belnaleck, the owner of the gold watch, and 31/6 costs of the prosecution.

25-4-1942. £2 FINES FOR BAD LORRY BRAKES. ENNISKILLEN COURT CASES. At Enniskillen Petty Sessions on Monday Thomas Coogan, Gortnacallon, Newtownbutler, was summoned, as owner, for permitting a motor lorry to be used with inefficient brakes.  James P. Connolly, Cloniston, Clones, was summoned as driver. Sergt. Sherrard said as a result of an accident he examined the motor lorry owned by Coogan and driven by Connolly. At 20 miles per hour Connolly was unable to stop the vehicle with the band brake before travelling 25 yards. The vehicle travelled a similar distance before being stopped by the footbrake. Constable Wilson, inspector of vehicles, said both brakes were defective on all wheels except the offside front. That was not due to the effects of the accident. Connolly did not appear. Coogan, in evidence, said the driver had full charge of the vehicle, and witness did not know that the brakes were defective. They had been adjusted a fortnight before. District-Inspector Peacocke—Can you say why Connolly is not here to-day?—I cannot; he was to be here. A fine of 40s was imposed on each summons. Sergt. Codd said both defendants were from the Twenty-Six Counties, and had temporary Six-County addresses.

25-4-1942. FRUITLESS SEARCH. TWO HOUR INCIDENT AT BELLEEK. A party of about thirty-six young men from the Enniskillen, district attended the great ceilidhe in O’Carroll’s Palais de Danse, Bundoran on Wednesday night of last week, to which parties came from the Six Counties. When the Enniskillen bus reached Belleek, just across the Border, in the Six Counties, on the return journey at about 4 a.m. they were met by a party of Enniskillen police under Head-Constable Thornton. The bus driver was ordered to proceed to the barracks. On arrival there, the dance patrons were taken into the barracks in groups of two and three at a time and were closely searched. Every particle of paper and article in the possession of each was taken out, placed on a table and examined thoroughly. The men had to take off their coats and these were gone through; several of the youths were made take off their boots and socks, which were minutely scrutinised. Three rooms at the barracks were engaged by the police party for the purpose and while the search proceeded three constables did duty with the young men in the bus whose turn had to come. In all the search took almost two hours and the bus did not .reach Enniskillen until after 8 a.m. An American who was on the bus, was not interfered with. The bus conveying the party from Belleek to the ceilidhe was also searched.

25-4-1942. A. O. H. DEVENISH DIVISION. The quarterly meeting, of the above Division was held in the A.O.H. Hall, Brollagh, on Sunday, 12th inst., the President occupying the chair. A vote of sympathy was passed to the relatives of the late Terence Keown, Larrigan, also to the relatives of the late James Reilly, Corrakeel. The motion was passed in silence.

 

Fermanagh Herald 1942.

24-10-1942. BAD ENNISKILLEN “BLACK-OUT” COURT CASES. “I had a letter from the A.R.P. authorities, saying the black-out in Enniskillen is no use, and we will have to take  sterner measures,” said Head Constable Poots at Enniskillen Petty Sessions on Monday, when a number .of householders were summoned for blackout offences. Major Dickie, R.M., inquired what the A.R.P. authorities exactly meant. Head Constable Poots said the A.R.P. authorities complained of lights from buildings, and particularly lights from the rear of buildings. The black-out at the rear of buildings was very bad. That had necessitated him putting extra men on duty at night to inspect the rear of premises to locate the lights. It was a very difficult job sometimes. The result of this tightening-up of the regulations would result in there being far more of these prosecutions for the next Court. In the cases before the Court the following decisions were announced: — Mary Heslin, The Brook, .Probation of Offenders Act; Mary McCaffrey, 2 Militia Barracks; 10/6 and costs; Margaret Dooris, 11 Eden St., 10/- and costs; Alfred Dickson, 6 Abbey St., 5/- and costs; Michael Byrne, Old Bonded Stores, 5/- and costs; George P. Haggins; 25 Strand St., 5/- and costs. Constables W. R. Allen and W. H. Walker were the complainants, and Mr. P. J. Flanagan, solicitor, represented two of the defendants.

24-10-1942. NO INTEREST. COMPLAINT AGAINST SCHOOL ATTENDANCE COMMITTEES. Mr. C. McKeown complained at Fermanagh Regional Education Committee on Friday that some school attendance committees were taking no interest in the attendance of the children at school. He asked when did the Roslea attendance committee meet? The secretary (Mr. Maguire); said he could not say. It was some time since he had a report. He knew of a number of cases in which sub-committees did not seem to take an interest in the school attendance in their districts. He had from time to time received reports that it had been practically impossible to obtain a quorum therefore there was no means of dealing with school attendance. Mr. McKeown said the Act was practically 50 years in existence, making attendance compulsory, yet they had districts in Fermanagh that were taking practically no interest in it. There should be some remedy. It was very discreditable in these days. Lord Belmore—We appoint these committees. We should put off those that do not attend.

24-10-1942. CHEAP MILK FOR ALL SCHOOL CHILDREN. MINISTRY’S CIRCULAR TO FERMANAGH COMMITTEE. A circular letter from the Ministry of Education informed Fermanagh Regional Committee on Friday that schools—primary, secondary, junior commercial, junior and technical—can obtain milk for children at the .rate of one-third of a pint per day, the child to bear half of the cost. Milk would .be supplied to the schools by any local supplier at Is per .gallon and the remainder of the cost would be paid for by the Ministry of Agriculture.

24-10-1942. BAZAAR GOODS SEIZED. SEQUEL AT LISNASKEA COURT. At Lisnaskea Petty Sessions on Thursday, before Major Dickie, R.M., Nellie McGovern, Derrynanny, was summoned for having, on 14th April, knowingly harboured 13 men’s shirts, 20 pairs of assorted ladies’ dress material, six pieces of artificial silk, five children’s frocks, one child’s blouse, one pair of silk stockings, and one lady’s nightdress, imported from the Twenty-Six Counties into the Six Counties. Mr. Jas. Cooper, Crown Solicitor, prosecuted and Mr. Baldwin Murphy, solicitor, defended.

Sergt. Kirkpatrick told of the finding of the goods in a tin trunk at defendant’s house, which, he searched following information received. In a statement to him, defendant said she was President of the Women’s Committee in connection with the Catholic bazaar in Newtownbutler, and following the bazaar on 17th March, she brought the goods in question to her house as they had not been sold. These goods had been given as gifts to raise funds for the new church. Cross-examined, witness said that at first defendant told him she had no goods of the kind he was inquiring about in the house, but later said she had stuff belonging to the bazaar. She told him the committee meetings in Drumlone School had not been very well attended. Reginald Allen said the shirts were of Japanese manufacture, the importation of which had been, prohibited in the Six Counties since Japan’s entry into the war. Mrs. McGovern, in evidence, said she was President of the Catholic Bazaar Committee, and the goods in question had been gathered into the trunk at different times. Before the box came to her it had been in Drumlone School, where the committee meetings had not been well attended. His Honour said he was prepared to grant defendant a dismiss on the harbouring summons, but he must make the order for forfeiture.

24-10-1942. WALLPAPER AND WOOL. Edward Whelan and his wife, Mary Whelan, Lisnaskea, were summoned for knowingly, harbouring 13 rolls of wallpaper and 32 ozs. of wool imported from, the Twenty-Six Counties into the Six Counties. Mr. A. Herbert, solicitor, defended. Sergt. Kirkpatrick gave evidence of the seizure at defendants’ house, and said Mr. Whelan denied all responsibility. In all he found 121 ozs. of wool, but only seized 32 ozs. Mrs. Whelan said she got the wool from various drapers in Lisnaskea and Enniskillen. Mrs. Whelan said she brought the wallpaper in a suitcase from the Twenty-Six Counties about a year ago and was not examined by the Customs’ official on the train. It only cost 13/-. The wool, had been obtained in Six-County shops. His Worship said the Customs must prove the intent to evade payment of Customs duty as mentioned in the summons. Mr. Cooper said these prohibited goods had been bought in the Twenty-Six Counties and brought across the Border. His Worship – But if she was not aware they were dutiable? Mr. Cooper cited the case of a London cabby who was held liable for a man he had taken in his cab at London docks. His Worship said that since Mr. Cooper had introduced his cab he must convict as regards the wallpaper. He imposed a fine of £3 saying she might have been fined £100,

24-10-1942. NEWTOWNBUTLER COURT CASES. TURF-STEALING CHARGE. MOTORIST SAYS FINE “1S A BIT SEVERE.” At Newtownbutler Court, before Major Dickie, R.M., Thomas McCarney, labourer, Clonagun, Newtownbutler, was charged with the larceny of a quantity of turf, the property of Thomas Storey, Clontivern. Thos. Storey, in evidence, stated he had bog at Clonagun and discovered some of his turf being stolen. On the night of Sept. 27th he went to his bog and put a private mark on some of the turf which he had in clamps. On Sept. 28th he found some of the turf missing. He reported the matter to the police at Newtownbutler, and later accompanied Const. Ferguson to Carney’s house, where they found half a bag of turf in the kitchen. He picked out some of the turf (produced) which had his mark on them. Const. Ferguson corroborated. Defendant, in evidence, stated he was going to work and there was no turf in the house. If he had not taken the turf his wife and children would have no fire until he came back. District Inspector Smyth said there was an epidemic of turf-stealing in the district. This man had five horse loads stolen. Major Dickie—I will have to start sending people to prison, for these offences. He imposed a fine of 40/s and said if I there had been anything against defendant before he would have put on a much heavier penalty.

DRUNK IN CHARGE. John McCarroll, hackney owner, Lisnaskea, was charged with being drunk in charge of a motor car on October 1.1th. Defendant admitted the offence. Sergt. A. Blevins, Newtownbutler, gave evidence, and Dr. James Dolan, Newtownbutler, stated he examined defendant, who was so far under the influence of drink as to be incapable of driving a car. Defendant told the Court he had been driving some soldiers and had some drink, but did not think he was incapable of driving. Major Dickie said there was a minimum penalty in these cases. He imposed a fine of £5, with £2 12s 6d, costs, and suspended defendant’s licence for 12 months. He fixed sureties in the event of an appeal. Defendant—I will appeal the case. Major Dickie—But you admit the offence. Defendant—I think that is a bit severe. Major Dickie—But that is the minimum penalty. Defendant—I don’t think I was incapable of driving. Major Dickie—No judge can impose a smaller penalty. If you appeal, I am afraid it would be a waste of time and money. Defendant said he was not in the habit of taking drink, and had driven all over the world. District Inspector Smyth, said it was much too dangerous to have people driving while under the influence of drink. Major Dickie said he would allow defendant to drive until his appeal was heard, but he did not know whether the appeal was wise or not.

24-10-1942. APPELLANT WAS DEAD. NEWTOWNBUTLER CASE UNUSUAL SITUATION. An unusual situation arose at Enniskillen Quarter Sessions on Wednesday when an appeal case was called in which Hugh Connolly, of Derrysteaton Island, appealed, against a £12 fine for harbouring 10 cwts. of sulphate of ammonia. Mr, V. G. Patterson, solicitor, who had represented Connolly at the Petty Sessions hearing, said the appellant was dead. He had been dead ten days at his island home before being found. Judge Ellison said perhaps the case could be adjourned. Mr. J. Cooper (for the respondent Customs authorities) —I don’t know how you can adjourn the case of a dead man. Judge—There must be some means of correcting an obvious error. Mr. Cooper—Nothing can happen – just strike out the appeal. Judge—If the fine is not paid he cannot be imprisoned which was the alternative. Could the £12 not be levied by distress on his property irrespective of his, death? Mr. Cooper -You cannot levy it on the goods of a dead man. We would not attempt to do it anyhow. Mr. Patterson—If they don’t do that and don’t attempt to follow Mr. Connolly, nothing further will happen. A constable of police from the locality said the dead man had no stock. A brother-in-law was looking after the farm, but nobody was living on it. Mr. Cooper said it would be different if Mr. Patterson said he was going to take out probate and continue the appeal, but he simply came and said he had no instructions. Mr. Patterson—The man was ten days dead before he was found. Judge—Could the Crown not claim it was a creditor? Mr. Patterson said he thought not in this case. The matter was adjourned.

24-10-1942. ENNISKILLEN MARKET, ENNISKILLEN, Tuesday—Pork, 45 carcases; potatoes, 4s 3d per cwt.; straw, 4s per cwt.; hens, 1s to Is 3d per lb.; chickens. Is 4d to Is 6d per lb.; rabbits, 7d to 8d per lb.

24-10-1942. DERRYLIN BURGLARY.“The monotony of their present service got on their nerves and they decided to desert with the intention of joining the Air Force from ‘Eire’ ” said Mr. E. Ferguson at Enniskillen Criminal Sessions on Friday when he was defending two soldiers of the Royal Engineers, Gerard Fitzgerald and Leslie Fuller, who pleaded guilty to having on 11th August, 1942, broken and entered the dwelling house at Cloghan of Dr. S. J. McQuaid, M.O.H., Derrylin, and stolen two gent’s shirts, two pullovers, one gent’s sports jacket, one pair gent’s trousers, one gent’s lounge jacket and two pairs of gent’s socks, the property of Dr. McQuaid.

Mr. J. Cooper, Crown Solicitor, said there were no convictions of any sort against Fitzgerald, Fuller was convicted on 21st August, 1935, for attempted housebreaking and larceny at Wealdstone Juvenile Court and put under a rule of bail. On 2nd July, 1936, at Middlesex Quarter Sessions he was sent to Borstal for three years. He was later convicted of being an Army deserter. Mr. Ferguson said both accused belonged to the Royal Engineers. Fitzgerald was 21 years of age in July last and before the war was an aircraft worker at Bristol. He joined the Army at 17, although, he was in a reserved service. Fuller was 23 years of age and had been in the Army since the outbreak of war. Although the pair had made repeated applications to get away from the Royal Engineers because of their peacetime occupations, one being an aircraft worker and the other a plumber, they had been refused. They applied to join the commandos but were refused. Wishing to join the Air Force from across the border, they needed civilian, clothes and this caused the offence. They went into the doctor’s house, found no one in and took these clothes. All the clothes had been returned and the only thing broken was one window. Since the offence, the men had been tea weeks in jail and as far as Fitzgerald was concerned he had expiated his crime and it would be a shame if he had to go to jail again. He asked that they should be allowed to go back to the Army where they would be of more use than in jail. Deputy Judge Ellison discharged Fitzgerald under the Probation Act. He bound over Fuller in £10 to keep the peace for two years. Both men were ordered to be detained pending the arrival of a military escort.

24-10-1942. £4 DECREE FOR ASSAULT. IRVINESTOWN MAN’S CLAIM. At Enniskillen Quarter Sessions on Saturday, William John Swanson, of Drumbulcan, Irvinestown, sued James Farrell, of same place, for £5 damages for assault. The claim was not defended. Mr. A. Herbert (Messrs. Maguire and Herbert) represented the plaintiff, who said that on 24th July last he was in the townland of Drumbulkin, and had his bicycle with him. He was at the foot of a hill and had dismounted from the machine to walk up the hill. Farrell came out of the house as witness passed and shouted. Witness looked round to see what defendant was talking about and Farrell struck him on the jaw and tumbled him on his back right over the bicycle. As a result, his jaw swelled and he was not able to take his food. Defendant was a forty-acre farmer with fairly good land. A decree for £4 was given with 2s 6d expenses,

24-10-1942. GOOD ATTENDANCE OF JURORS. When out of 102 petty jurors summoned for Enniskillen Criminal Sessions on Friday, it transpired that only one was absent without explanation, Deputy Judge Ellison, K.C., said the attendance was very good indeed. “I have never heard a jury list before on which so many names were answered,” he added.

REDUCTION IN FINE. NEWTOWNBUTLER MAN’S APPEAL. Hugh P. Maguire, of Clonfard, Newtownbutler, appealed at Newtownbutler Quarter Sessions on Wednesday against two fines of £50 each imposed at Newtownbutler Petty Sessions in respect of (1) for failing to stop his car at the Border when called upon to do so, and (2) for exporting prohibited, goods. By consent, Deputy Judge Ellison, K.C., affirmed both convictions, but the fine for failing to stop the car was reduced to £40. Defendant applied for and was given six weeks in which to pay the £90.

24-10-1942. GLANGEVLIN VOCATIONAL SCHOOL. DECISION TO RE-OPEN IT. At the meeting of County Cavan Vocational Education Committee Mr. J. J. Gleeson presided. The Office of Public Works wrote that as Glangevlin School was not in use they were prepared to take it on lease from the committee for a period of ten years. Mr. McGovern proposed, that they reopen the school. Mr. P. Smith said it was a shame to have the school closed. The application was refused it was decided to take steps to have the school reopened.

24-10-1942. BORDER INCIDENT. BELFAST MAN FINED £100 AT CLONES. At Clones District Court before District Justice Lavery, Patrick McIlduff, whose address was given as English St. Belfast, and who was described as a bookmaker, was charged with on May 19, 1941, at Glasslough, Co. Monaghan, exporting prohibited goods consisting of wearing apparel and also rescuing the goods seized by a Customs official. Defendant was fined £100 on the charge of exporting and £1 on the charge of rescuing, and the fines were paid into court immediately. Evidence was given by Customs Officer Lynn of following a motor-car to the Tyrone border. When he arrived he saw defendant standing by the car along with the driver. He examined the car and found two parcels in it. A man came across the Border and seized one of the parcels and took it away with him across the Border. Defendant took up the other parcel and went across the Border with it. He had no doubt it was defendant who took one of the parcels away. Defendant said he knew nothing about the parcels in the car. He had some drink taken.

24-10-1942. CATTLE DEALER’S CLAIM. £12 DECREE AT ENNISKILLEN. In an undefended civil bill at Enniskillen Quarter Sessions on Saturday, John Elliott, 1 Victoria Terrace, Enniskillen,  cattle-dealer, sued Thomas Gallagher, Aghoo, Garrison, for £26, plaintiff alleging that defendant’s warranty in the sale of a heifer was contrary to the facts. Plaintiff said he paid £21 for the heifer on 12th August last, when, defendant said she had cleaned after calving. It transpired, however, he said, that she had not cleaned, and he had to pay £2 for medicine for her. She lost her milk and was now worth only £13. Defendant went to see the animal and promised to take her back. He did not do so, and when plaintiff saw him, again and mentioned the matter he told plaintiff to “make the best of it.” Deputy Judge Ellison, K.C., gave plaintiff a decree for £13, plaintiff to retain the animal.

24-10-1942. FOUR MONTHS FOR ASSAULT. At Enniskillen Criminal Sessions Wm. Hynes, Nugent’s Entry, Enniskillen, was sentenced to four months’ imprisonment on a charge to which he pleaded guilty, of assaulting a girl of under thirteen years. He had been found not guilty of a serious charge against the child.

24-10-1942. PETTIGO NOTES. Mr. Patrick Chaucer, Customs officer at Pettigo Customs frontier post, is to be transferred to Clones. Mr. Chaucer since coming to the village has been a very popular young man. He is a keen athlete who took a prominent part in all the local games. He is being replaced in Pettigo by Mr. Denis Bradley.

On Sunday morning while on duty in the vicinity of Termon Creamery, near the Grouselodge border, Constables Mathers and Robinson, R.U.C., seized a quantity of tea, margarine and rice from a young man. The constables removed the goods to Tullyhommon R.U.C. station.

During the week, R.U.C. from Tullyhommon, Pettigo, were successful in tracing and .recovering, a heifer which had been missing from the farm, of Mr. Robt. Brandon, Glenvannon, near Pettigo.

On Sunday, Sergt. Bradley, R.U.C., when on patrol in the townland of Camplagh observed a man carrying a parcel and coming from the Donegal border. The man bolted leaving the parcel behind which contained woollen blankets.

31-10-1942. GIRL ESCAPES JAIL. £50 FINE SUBSTITUTED FOR PRISON SENTENCE. A pretty, well-dressed young woman, Elizabeth Hal, of Clonfard, Newtownbutler, escaped a three months’ prison sentence by appealing to Newtownbutler  Quarter Sessions in Enniskillen on Wednesday. She had been sentenced at Newtownbutler Petty Sessions for dealing in prohibited goods, namely, four loaves, a carton of soap and 3½ lbs. flake meal. Mr. A. J. Belford (instructed by Mr. F. J. Patterson, solicitor) represented defendant. Mr. Jas. Cooper, Crown, Solicitor, for the Customs authorities, said the amount of goods involved was very small, their value being 3/-. On the 18th November, 1941, appellant was fined £3 for dealing in prohibited goods—18 loaves—and also £36 for exporting three tons of sulphate of ammonia. Mr. Cooper was proceeding to tell Deputy Judge Ellison, K.C., of the ambushes carried out by, the police on three different days in April, 1942, when Mr. Belford interpolated and said his submission was that that evidence had been wrongly admitted by the magistrate in the Court below, no charge in respect of these allegations having been made. Mr. Cooper said the police had seen people, seventy-five in number, going to and. from the shop, bringing goods into the Free State. Judge – Illegally across the border? Mr. Cooper—Yes. Judge—Why didn’t you prosecute them?

Mr. Belford pointed out that the solicitor for appellant at the Petty Sessions objected to that evidence on the ground that no prosecution had been brought against those people. Mr. Cooper explained that the shop was on the very border and it was practically impossible to catch the offenders. In this particular case the policeman had to run after a woman; he grabbed the bag she was carrying but was unable to get a hold of her. The constable brought the goods back to appellant’s shop and she pleaded guilty. At the Petty Sessions he (Mr, Cooper.) was instructed to press for imprisonment, and his Worship said to her: “I have seen you before’ and sentenced her to three months. Mr. Belford said imprisonment in the case would be rather harsh as appellant was only twenty-five years old. Before the introduction of rationing, three- quarters of her customers were from over the border, and while he frankly admitted there might have been some irregularities, it was true to say she did not realise the enormity of the offences. She had been more or less out of business since her Ministry of Food licence had been withdrawn by the Lisnaskea Food Control Committee. She was now only allowed to sell some hardware and clothes, and she was contemplating giving up the business she had carried on for seven years. That being so, the police would be given no further trouble. Like many other border residents, she did not seem to realise the seriousness of smuggling and she had already been heavily punished by her livelihood being taken away. Mr. Cooper thought the licence was merely suspended pending his Honour’s decision. Mr. Belford said appellant would submit to a fairly substantial penalty in order to avoid the sentence, which would be likely to have unpleasant consequences for her in after life.

31-10-1942. YOUNG BOYS ON LARCENY CHARGES. ENNISKILLEN COURT CASES. At Enniskillen Quarter Sessions ion Friday three young boys pleaded guilty before Deputy Judge Ellison, K.C., to having on 26th July, 1942, broken and entered the shop of William H. Creighton, Church St., Enniskillen, and stolen chocolate and sweets to the value of £1 6s 6d. One of the above-mentioned boys and another boy pleaded guilty to breaking and entering the shop of Thomas Wilson, Garvary, between 11.55 p.m. on 13th Aug. and 3 a.m. on 14th August, and stealing two bicycle free wheels value 11s, pair pliers value Is 6d, 3½ doz. safety razor blades value 7s, two pocket torches value 3s, two fountain pens value 5s, one pair opera glasses value 15s and five bottles lemonade, value 3s 8d.

The boy twice charged, above also pleaded guilty to stealing a bicycle value £5, the property of Harold Cleary, on 20th July. Mr. R. A. Herbert, LL.B (Messrs. Maguire and Herbert) represented all accused. All the boys were very young and had respectable parents. None had. any previous convictions involving dishonesty. In two of the cases he mentioned that one boy had been earning £3 18s 0d weekly at public works at the age of 15. Another at the same age had been earning almost £5 weekly. This work stopped and the boys were running about with nothing to do. There was no proper control over the boys since the wages terminated until they had settled down again and got used to living with little or no money.

The Judge, sternly warning the boys of what would happen should they ever again be guilty of a similar offence, allowed them off on entering, or their parents’ entering into recognisances in £10 for their good behaviour. An order was made for the return of the stolen property, and £1 found in the possession of the boy who stole the bicycle was ordered to be handed to Cleary to compensate for a coat on the bicycle that was still missing. Mr. Creighton, said Mr. Cooper, was at the loss of the chocolate, which was buried and was rendered unfit. Asked whether he wanted compensation, by Mr. Herbert, who said the parents of the boy involved were very poor. Mr. Creighton said he did not. The Judge highly commended Mr. Creighton for his charitable attitude.

31-10-1942. ARTIFICIAL MANURE ON BORDER ISLAND. APPEAL AGAINST £12 FINE FAILS. At Newtownbutler Quarter Sessions on Wednesday, before Deputy Judge Ellison William Atwell, of Derrysteaton, appealed against a fine of £12 for the harbouring of a quantity of sulphate of ammonia. Mr. V. G. Patterson represented the appellant, and Mr. J. Cooper appeared for the respondent Customs Authorities. Constable Duffy said in an unoccupied house on Gallon Island belonging to defendant, while on boat patrol on Lough Erne, he found eight bags containing 16 cwt. of sulphate of ammonia. The house was approachable in summer time from the shore, but at this time of the year (February) could only be approached by boat. From the point of the island it was only 50 yards across Lough Erne to the 26 counties. In a statement defendant said he bought the ammonia in Newtownbutler for his own, use. It was the only ammonia he had bought that year. Witness discovered on enquiring at the shop where the purchase was made that the latter statement was untrue.

Cross-examined, witness said Mr. Anderson, manager of the Newtownbutler shop which supplied the stuff, said in a statement that on the 5th January defendant ordered a ton of sulphate of ammonia, took half of it that, day, and the remaining half the next day, and paid for it on the second day. Mr. Patterson—You got it in February, he got it in January; if he had wanted to get it across the Border there would have been no difficulty? –No difficulty. Even when taking it to his house he has to go along the shore of the Free State?—Yes. The Ministry actually urged people to get artificial manures early.—Yes.

Mr. Cooper—Atwell’s statement to you was that he had bought 16 cwt.?—Yes. It could be bought for about £12 a ton .here; what was the price in “Eire ?” —The price at the time was as much as £60. So it would be very profitable to get it across these few yards?—Yes. And 4 cwts. of this ammonia was missing?—Yes. George Dixon, Surveyor of Customs and Excise, stated on information from the police as to defendant’s probable requirements for his own cropping, he allowed 6 cwt. to the defendant, and had the remainder seized. Mr. Patterson—Did you know that he was treating for the purchase of another 40-acre farm?—No. And that he would require fertiliser for it?—No. Will you say you knew 6 cwt. was enough for his forty-acre farm, on Derrysteaton, and another 40-acre farm he was going to purchase?—I acted on information from the police. They did not know what he was going to crop?—They knew what he had cropped the previous year. Mf. Cooper—You don’t allocate fertiliser for a farm he has not bought? — No. Mr. Patterson said when he got his potato subsidy from the Government he received a notice stating that the Ministry had arranged for the importation of sufficient supplies of sulphate of ammonia to meet the needs of farmers, but it was most important that farmers should order immediately and where possible take delivery. “It is most important. Act now” stated the notice. Atwell followed that advice. He had 60 acres on Derrysteaton or heavy wet land, and required a quick acting fertilizer.

31-10-1942. ENNISKILLEN’S £200 PRIZE. When Enniskillen Urban Council met on Monday evening to allocate the prize money of £300 won in the recent waste paper salvage competition, a letter was read from Omagh Urban Council, congratulating the Council on winning a £200 prize. ‘The successful collection of waste paper,” stated the letter “requires great effort, organisation and co-operation of the townspeople, and your success shows that you had these three factors.” Mr. T. Algeo thought the County Hospital was the first consideration of the Council, as it catered for all creeds and classes, and he proposed that the Hospital get half of the prize money. Mr. P. Kelly seconded. Mr. T. Devine—I quite agree with Mr. Algeo that our County Hospital has our first claim, but there are a number of other institutions and organisations which 1 think have claims on you also. He proposed that the money be allocated as follows, County Hospital, £60; Enniskillen Nursing Society, £25: Enniskillen Council for Social. Service, £25; Soldiers’, Sailors’ and Airmen’s Association, £25; Inniskillings Comforts Fund, £25; £15 each to the Women’s Section, British Legion and the Earl Haig Fund; and £10 to the Ulster Gift Fund. Mr. W. H. Creighton seconded. Mr- W. J. Monaghan—Have the charities attached to the various churches received any consideration from you in these matters? Chairman, (Senator Whaley)—I don’t think they have been consulted in this matter at all

Mr. Monaghan said they were coming on to winter, and .he thought the various churches should get some little help for their funds, so that they could assist the poor people by either way of coal or other relief that they may be pleased to give to the people. “You have the outlook of a very severe winter; something should be done for these people,” he added. Mr. J. Donnelly (Borough Surveyor) said he had been consulted on the matter when it had been suggested that the St. Vincent De Paul Society should get £20, but this Society was in the most fortunate position that it had ever been in—that they had sufficient money at the present time. They were well able to carry on and meet the demands of the next couple of years or more. Mr. W. J. B. Lee said if they gave all the money to the County Hospital everybody would benefit, and he proposed that it all go to the County Hospital. Mr. Monaghan—It is a State-aided institution.  Mr. Devine—Speaking for the Church I represent, so far as I know they are not in need of any funds. Mr. Monaghan—That satisfies me. Mr. Algeo then altered his proposal and propose that the Hospital get £100 and he asked the Chairman to take a written vote “to see who was for the County Hospital or not.”

Mr. W. E. Johnston—I object to Mr. Algeo’s statement—“to see who is for the County Hospital or not.” Mr. Algeo—I demand a written vote on it. Mr. Johnston–You can have any vote on it you like. Mr. Devine said he would not like it to go out that this was a vote for and against the County Hospital. Mr. J. Logan thought that Mr. Devine’s motion should be passed unanimously. They had always the churches with them and they had always the poor with them, and likely to have them.

31-10-1942. MINOR HALL BOOKINGS DISCUSSED AT ENNISKILLEN URBAN COUNCIL. Enniskillen Urban Council discussed at length, at a special meeting on Monday evening an application from, the Six-County Council for Social Service for the use of the Minor Hall for .at least one night per week as a club for young people, and also for the taking over by them of a small plot of ground, the Council’s property, abutting on the road adjoining Mill Street and the Irvinestown Road us a juvenile recreation centre. The Chairman (Senator Whaley) asked had the Council a room to spare. Town Clerk (Mr. A. W. Ritchie) — For the next two or three months it is booked. Mr. T. Algeo—Haven’t you a resolution on the books that the Minor Hall is closed for three months? Chairman—After present bookings. The Town Clerk said if there was a fixed night each week it would be very difficult. The Minor Hall went usually with the main hall, when the latter was booked for dances.

Mr. Devine— They cannot surely book; up the hall for three months ahead. Mr. J. Logan proposing that Saturday night be granted to the Social Services in the Minor Hall, said all through the week the young people were engaged at their lessons, and it would be a shame to take them away from these to attend a club. The presence of the boys attending in the hall would help to purify the atmosphere. That would be a disappointment to some people. They would miss (the “hop.” The people would also miss the bottles of a Sunday morning. It would do the town a lot of good if they had the young boys in the ball on a Saturday night. There was very seldom a big function in the hall on a Saturday night; therefore, that night would not clash with any other people. He meant this arrangement to start from 1st January. Mr. Algeo seconded. Mr. Devine— We want it before January. Saturday night would not suit. The Town Clerk read a list of bookings of the Minor Hall for some weeks to come which, showed that the same three groups of people have the hall on Thursday, Friday and Saturday, respectively, of each week for some time in advance. Mr. Devine—Shilling “hops.” The Town Clerk said Saturday night was “Football.” Mr. McKeown— What football; there are several football clubs. Town Clerk—I cannot tell you the name of it. Mr. Devine—Corinthian Football Club. Everyone knows it. There is no secret about it. Town Clerk— It is difficult to get a night. Mr. Devine asked Mr. Logan, not to press his motion, because he did not think Saturday night would suit the Social Services. Mr. Logan—Saturday night is the best. The pictures have the main hall, so that there would only be the two parties here. It is all the same to me. Boys always strolled about the streets for an hour or two on that night, he said. Mr. Johnston—Country boys go home. Mr. Logan-The shops are closed earlier

7-11-1942. TRAGIC DEATH OF JAS. A. JONES, ROYAL HOTEL. POISONED BY GAS FUMES IN BEDROOM. Enniskillen got a profound shock on Tuesday with the news of the death that morning of Mr. James A. Jones, popular proprietor of the Royal Hotel, Enniskillen and one of the best-known auctioneers in the North-West. Only the previous evening Mr. Jones had been seen in the best of health and spirits, on his daily walk, and it was tragic to think that within little more than twelve hours he was dead. The tragic event was caused by an accident. A gas tap which had served a disused stove in Mr, Jones’ bedroom had been at some time or other inadvertently turned on. Mr. Jones was resting in bed after his morning cup of tea when the meter serving that pipe and tap was again turned on by the Gas Company’s fitter after having been off for some time. The fitter was unaware of the pipe leading to the bedroom. The turning on of the gas filled Mr. Jones’ room with gas. The window was closed and when the alarm was raised and the doctor arrived, he found Mr. Jones unconscious. He died after a short time. .

An Enniskillen man, Mr. Jones was a member of a popular and much-esteemed family. His brother Frank, a former Superintendent of the Garda Siochana, died less than two years ago in Dublin, where he was the proprietor of the Beresford Hotel. Another, sister, now deceased was a member of the Convent .of Mercy community Newry. The only surviving member of the family is Miss Josephine Jones, who lived at the Hotel with the deceased, gentleman. It was she who first raised the alarm. To her, in her sorrow, the sincere sympathy of the whole community goes out.

The late Mr. Jones, who was aged 59 years, started life as a clerk in the office of the late Mr. Robert W. Wilson, auctioneer, in the present premises of the Royal Hotel. . He became an auctioneer himself in Mr. Wilson’s employment, and on Mr. Wilson’s death succeeded him. He built up for himself one of the most extensive auctioneering practices in the North. He later became the proprietor of the Royal Hotel, and in both capacities he was as popular as he was-well-known. He entertained some of the leading personalities of Ireland in every sphere.

Mr. Jones was a good-living Catholic gentleman, who attended regularly to his religious duties. Although unmarried, he had a wonderful regard and love for children, a love for little ones shared by every member of his family. In life he had borne many crosses, several members of his family dying within a comparatively short time of one another, but he bore his sorrows bravely, even cheerfully, and was always in high spirits outwardly, whatever sorrows his inner soul might feel. He will be much missed by every creed and class in the town.

THE INQUEST. The sad circumstances of his death were investigated by Mr. G. E. Warren, Coroner, at an inquest in the Hotel on Tuesday. Head Constable Conlin represented the police; Mr. R. A. Herbert, (Messrs. Maguire and Herbert), the next of kin, and Mr. Gerald Grant, BL., appeared for the Enniskillen Gas Company.

DOCTOR’S EVIDENCE. Dr. Philip Brady said in response to a telephone massage received at 11 a.m., he went to the Royal Hotel, where he arrived in a few minutes and smelled coal gas. He went, to a bedroom on the first floor and found a strong smell of coal gas in the bedroom. In the bed he found deceased in an unconscious condition but alive. He died a few minutes afterward. He was clad in pyjamas. Death was caused by asphyxia due to coal gas poisoning. Mr. Jones was a patient of witness’s and was suffering from myocarditis in a mild degree; otherwise he was in good health.

WAITER’S STORY. Wm. Brady, waiter, said that morning at 10-30 he was tidying up in the dining room when Miss Jones, sister of the deceased, told him to go up to deceased’s room because she had smelled gas escaping there. When he went into the room he found it full of gas and the gas pipe turned on. He turned off the tap and opened the window. The pipe from which the gas was escaping was not connected to the gas stove in the room and had not been for some time. The gas fire in the room was never used and the tap was on the portion of the pipe leading to the main. He saw deceased in the bed and asked him was he all right, but he made no answer. He felt deceased’s hands and face, and, as he appeared to witness to be unconscious, witness went for Dr. Brady. There was a fitter from the hotel working at the oven in the kitchen that morning. To Mr. Grant, witness said this pipe had been disconnected from the fire for some time, but he did not know who disconnected it.

Mr. Grant-How long had it been in that condition?—I don’t know. Had it ever been reported?—I don’t know, unless Mr. Jones did it. Witness said he did not know when he first noticed that it was cut. He was very seldom in Mr. Jones’s room, except to go occasionally for Mr. Jones’ coat. Mr. Herbert -Is it cut or disconnected? Head Constable—There seems to be six inches of pipe cut away altogether. Witness said, he had not seen the gas stove lit this ages. It was not lit last winter. Patrick Cunningham, boots, said between 9.45 and 10 a.m. that morning he was called by Miss Jones to the Hotel office; In this office were two gas metres, and he was asked by Miss Jones to turn on the gas. She opened the press where the meter was and, as witness knew nothing about them, he refused to turn on the gas. There was a gas man there and he got a wrench and went towards the meter. Witness did not know what he did. There was a gas radiator in the hall of the Hotel, and witness was seven months in the hotel and had never seen it lighted. He heard no conversation between Miss Jones and the fitter. Mr. Grant—Had you ever seen the stove lit in Mr. Jones’ bedroom?—I didn’t even know there was a stove in the bedroom.

IN USUAL GOOD SPIRITS. Michael Rooney, boots, said that about 9-15 a.m. that morning he went to Mr. Jones’ bedroom with his tea. Mr. Jones was in bed and seemed to be in good form. Witness gave him the tea and pulled down the black-out blind. The window was closed. Witness did not go near the gas fire in the room as he did not know it was working. It was usual for Mr. Jones to remain in bed in the morning and have his tea there. Witness never saw the gas fire in the room used. He was in the Hotel since August and never saw the radiator in the hall used. Head, Const. Conlin—Was there any smell of gas when you were in the room? —No. Mr. Jones seemed in his usual health, and spoke to him the same as usual. He made no complaint of any kind. To Mr. Herbert, witness said Mr. Jones took his tea. Coroner—You don’t know whether he got out of bed at all or not?—No, I don’t.

Henry Fox, employed as fitter by the Enniskillen Gas Company, said on this morning about 9 a.m. he was sent by Mr. Lusted, manager of the Gasworks, to the Royal Hotel to have a look at the gas radiator. He arrived at the Hotel at 8-50 a.m. and saw Miss Jones, who pointed out the gas radiator in the hall. She said in reply to witness that that was all in the place. Witness turned on the tap of the radiator, but no gas came. Miss Jones called the Boots to turn on the gas in this meter. As there were two meters in the office the boots was not sure what to do so witness turned on the main cock of the meter serving this radiator. The other meter served the cooking stoves in the kitchen and was fully turned on. Witness was not aware that this meter which he turned on served anything but the hall radiator, so he took the word of Miss Jones for this. He had since made a test of this meter which served the hall radiator and found it also, served the pipe which led to the gas stove in Mr. Jones’ room. He lit the gas in the hall radiator and Miss Jones told him to leave it on as it was cold. He was then brought to the kitchen to look at the cooker. He was not up in Mr. Jones’ bedroom on this visit. Head Constable—If the tap in the pipe in Mr. Jones’ room which was cut had been turned off, could any gas escape? — No, certainly not. It would have been perfectly safe. The pipe was not cut it was disconnected. To Mr. Herbert, witness said he asked Miss Jones were there any others in the place to be seen to, and she said that was all that was in the place. The gas in the hall radiator was still on when he left about twenty minutes past ten a.m.

SISTER’S EVIDENCE. Miss Josephine Jones, who, when the inquest was held at five o’clock, was still confined to bed from the results of the shock, gave her evidence in bed. She said her brother arranged with the Gas Company to attend to the gas in the morning. About ten minutes to ten a man from the Gas Company arrived. Before going to the radiator, the gas man asked her were there any other radiators and she said no. To make sure, she asked the waiter, and he also said ho. She did not remember about the stove in Mr, Jones’ room. It never entered her mind. She called Patrick Cunningham to turn on the meter in the office for the gas man, but he was not able, and the gas man did it himself. After the radiator had been fired, she brought the gas man down to the kitchen to look at the stove there. About 10-30 she smelt gas and went upstairs. She found on entering deceased’s room that it was full of gas. She noticed that her brother did not move as usual, felt his hand and found it cold. She then raised the alarm.

To Mr. Grant, witness said she could not definitely remember whether it was the radiator or gas fittings the gas man said when he asked her were there any others in the house. The tap which was turned on in her brother’s room was on the floor underneath the wash-hand basin, and it could easily have been turned on by someone brushing out the room, or hitting it with their foot when at the basin. Mr. Grant said on behalf of Mr. Lusted and the Gas Company, he extended very sincere sympathy in the terrible tragedy that had happened. The Head Constable and Coroner associated themselves with this expression, of sympathy, and Mr. R. A. Herbert, LL. B., also joined in the expression of sorrow at Mr. Jones’ tragic passing. He had been a personal friend of Mr. Jones and he was sure the relatives felt the blow very much. The Coroner returned a verdict of death from asphyxia caused by coal-gas poisoning, the result of an accident.

7-11-1942. MILITARY LORRY LIGHTS IN ENNISKILLEN. MAGISTRATE’S COMPLAINT. Complaints concerning glaring headlights of motor vehicles belonging to the military were voiced by Major T. W. Dickie, R.M., at Enniskillen Petty Sessions on Monday. His Worship said that recently the whole street of Enniskillen was lit up by army vehicle headlights from end to end, and this was far worse than some of the cases which he had to deal with in Court. Those motor lights could certainly be seen for ten or twelve miles away from the air. He also spoke of the glare from torches. Sergt. John. Codd, R.U.C., said a special report had been made by the police on the subject of lights on army vehicles, but no reply had yet been received. His Worship pointed out that except a light could be seen from an altitude of six hundred feet he would not impose a fine.

One of the cases which fell within this category was brought against an air-raid warden in Enniskillen, and no penalty was inflicted. In another case Head Constable Conlon, prosecuting, said the defendant was aged ninety-three. She kept a boarding-house in Forthill Street and according to the constable she had forgotten to put up the black-out blind. His Worship said it was hard to put a penalty on a law-breaker when she reached the age of ninety three, but he had to do it. A. fine of 5/- and costs was ordered. Similar fines were imposed in a number of other summonses.

7-11-1942. PRISONERS ESCAPE FROM MOUNTJOY GAOL. The following statement was issued by the “Eire” Government Information Bureau on Tuesday; “Six prisoners serving sentences imposed by the Special Military Court escaped from Mountjoy Prison on the evening of November 1.”

 

 

October 1942. Fermanagh Herald.

10-10-1942. SIX-COUNTY DAIRY INDUSTRY. FARMERS’ RESENT MINISTRY’S ACTION. CLOSING OF CREAMERIES. “CHANGES HAD CREATED INDIGNATION ”

The Ministry would get far better and more successful results by acknowledging the education which the farmer had gained by experience, and consult him and secure his co-operation in their new schemes before touching them, said Mr. J. Johnston, secretary of the U.A.O.S., at the annual meeting of Creamery shareholders. Mr. Thos. McCaughey referred to the changes the Ministry was making in the dairying industry, not only in closing such a large number of creameries, but in upsetting the existing transport arrangements for milk suppliers. Milk will now have to be transported by lorry whereas previously 70 to 80 per cent of all the milk in Northern, Ireland was delivered by horse and cart.

Several suppliers present said they had notice from the Ministry to leave their milk at collection points over two miles from their house and away from the creamery, although, their house was only three-quarters of a mile from the creamery. It was unanimously agreed to leave, their milk at the point where they had always left it. Mr. J. Johnston, secretary, U.A.O.S., said the changes that were now being introduced into the industry by the Ministry had created a wave of indignation from farmers throughout the country. Inexperienced officials with little local knowledge of the country had marked out on a map the collection points where suppliers were to leave their milk and they had just heard some of the results. The same thing had happened all over the country.

It had been stated that farmers approved of the scheme because there had not been any protest, but the farmer has learned that if he dared to protest his milk would not be paid for. In his opinion the new transport arrangements to be carried out under the Ministry’s control would require a very large increase in the amount of petrol used, and would ultimately cost a great deal more. The petrol increase was a matter for the Petroleum Board, but the increased cost would have to be paid by the farmer.

With regard to the closing down of 60 creameries in Northern Ireland at 1st October, Mr. Johnston said, it had always been the view of the practical dairyman that the earlier in the morning the milk could be collected at the farm, and the nearer to the depot or creamery at which the milk was to be treated, the better the quality of the milk to be delivered to the consumer. They were told the whole scheme was intended to process the milk at present going to the creameries to make it suitable for the liquid milk market. By closing two-thirds of the creameries the distance to the creameries retained for treatment was greatly extended. The larger quantity to be treated took much more time, and the new system meant that milk would be collected from some points up to 3 o’clock and later.

10-10-1942. NO LICENCE FOR DANCE HALL. “EXCUSE ME ” DANCES A MENACE. Objections were made to the renewal of the licence for dances at Jamestown Hall by Sergeant John McGrath, Drumana, at Carrick-on-Shannon; District Court when the adjourned application of

Mr. John Gaffney, one of the trustees, came before the fortnightly (District Court) for the renewal of the licence.  Last year they got 12 dances and the hours were from 9 p.m. to 3 a.m. and the rows did not start until 1-30 or 2 a.m., and accordingly this year they wished to curtail the hours to 1 o’clock. Continuing the applicant said that the committee, tried to settle the row and keep the opposing parties separated but the crowd was so big it was impossible to handle them. There were dances held in August and September and there were no rows at them. He asked for 12 dances 8 p.m. to l a.m.

Sergeant John McGrath, Drumana, said that unless the Guards were present the parties in attendance came to blows, the committee took no action to prevent disorderly scenes and law abiding citizens had to pay for admission while the disorderly crowd were sent out free tickets. Witness said that he saw the free tickets himself being sent out to the disorderly crowd. Sergeant Gallagher said arguments developed in the hall and caused people to crowd around the hall. He had warned the committee not to have “excuse me” dances, as they cause trouble, and there was not a dance, on the occasion of the row, but was an “excuse me.” Mr Keane said that on the evidence of the Sergeant he had no hesitation in refusing the application. Had the hall been governed by a proper committee he would grant the application.

17-10-1942. “BRAINWAVE” SCHEME RETURNS TO AID RED CROSS. It was reported at the meeting of County Fermanagh Committee of Agriculture on Saturday that the amount of money raised in the .Six Counties for the month of August on behalf of the Red Cross. Agricultural Fund in the scheme initiated by Fermanagh of 1d in the £ on cattle passing through the grading centre was £1,111 8s 11d and for the month of July the total raised from the milk deductions (also suggested by Fermanagh) was £188 18s 0d.

Mr. H. A. Porter said he had meant the scheme to include pigs. Major W. O. Nixon (chairman) said the scheme had been satisfactory so far, but if they took the percentage of people that really subscribed to the fund it was very disappointing. Mr. J. N. Carson—It is not brought to their notice. If it is brought to their notice they pay at once.The Chairman said it was printed on the cards. Fermanagh had the highest percentage of any county in the North. Although the fund was doing well, it could do better. Mr. J. E. Fawcett, J.P., thought if it were printed in red ink on the cards it would emphasise it better. Chairman—I think the scheme was a brain-wave of the people on this Committee who suggested it.

17-10-1942. BISHOP MAGEEAN BLESSES NEW CHURCH. The Catholics of the pariah of Aghagallon, three miles from Lurgan, went to Mass in their new £20,000 church for the: first time on Sunday. On Thursday last the Bishop of the Diocese, Most Rev. Dr. Mageean, had solemnly blessed .and dedicated the building, but on Sunday he formally opened the new edifice! It was a day of celebration in the parish, and everywhere there were manifestations of joy, practically every Catholic house in the district displaying Papal flags. The front of the new building was decorated with streamers of Papal colours. Right Rev. Mgr. Dean O’Hagan, P.P., V.G., celebrated High Mass, and Rev. A. Ryan, D.Ph., D.D., preached. Very Rev. J. Connelly, P.P., thanked the subscribers

17-10-1942. KINAWLEY ROAD NEEDS REPAIRS. At Enniskillen Rural Council meeting Mr. J. R. Crawford moved that the Council repair the old road in Drumbinnis and Corracrawford between Kinawley and Florencecourt. Ten or eleven ratepayers he said had their farms alongside this road which was in a very bad condition. Mr. W, Kelly said he had been informed that it was impossible to use this road. One man had two carts broken on it within two months. The county surveyor (Capt. Charlton) said the road was not in as bad a condition as stated. However, financial provision had been made for it in the estimates. After further discussion it was decided to leave the matter in the hands of the County Surveyor.

17-10-1942. “TYRANNY OPERATING AGAINST MINORITIES’’ BRITISH M.P.s AND STORMONT. Two M.P. in the British House of Commons on Tuesday said that tyranny was operating against minorities in the Six Counties and that there was ’disgraceful discrimination” against Catholics. Mr. McGovern (I.L.P.), when the Prorogation of Parliament Bill was considered in Committee, moved the rejection of a clause dealing with the duration of the Northern Ireland House of Commons, and, urging an election there, said there was overwhelming opposition to the Northern Government taking dictatorial powers over Belfast City Council. Unionists have told me that the Government should be purged of certain elements and undergo a drastic change. “Three or four hundred people are interned there—some without charge or trial for over five years—-and many believe that they are prisoners because of malicious and political intolerance. Tyranny is operating against minorities I there.’’

Mr. Stokes (Lab.) said: “There is disgraceful discrimination against Catholics in Northern Ireland. When six young men were charged with shooting a Belfast policeman, the Government refused to have a single Catholic on the jury. That Government is not fit to carry on.” The amendment was rejected by 220 votes to 6, and after ,a further amendment by Sir Richard Ackland (Ind.) to prolong Parliament for six months instead of 12 had been rejected, the Bill was read a third time.

17-10-1942. LADY SEARCHER AT BALLYSHANNON. Customs searches on the Belleek border have been intensified. Train and bus passengers are all searched—a practice hitherto unknown in that area. A lady searcher has been appointed in Ballyshannon and she was on duty for the first time last week at all the trains. On Saturday evening she carried out a search of all the lady passengers on the last bus leaving Ballyshannon. On both sides there is much greater Customs activity at all posts but the number of seizures from ordinary travellers are comparatively few.

17-10-1942. CLONES COUNCIL FINANCES.  At a special meeting of Clones Urban Council held on Friday night for the  purpose of considering the council’s finances it was unanimously decided to raise a loan of £2.000 by temporary borrowing by way of overdraft accommodation for the months of October-November to enable the payment of arrears of loans to the Commissioners of Public Works and to their treasurers.

17-10-1942.TO LET OR SELL. Farm OF 100 ACRES, good 2 story slated Dwelling-house (with hot and cold water) (Calor Gas}; splendid Office houses, all in good repair, about 1 mile from Irvinestown. The above place can be let for a number of years, with 70.acres if required.—F. SCALLON, Moynaghan, Irvinestown.

17-10-1942.70 PER CENT. OF OAT CROP HARVESTED. FERMANAGH FARMERS’ GOOD WORK. Despite severe harvesting conditions experienced this year, seventy per cent, of the 1942 oat crop has been cut and stacked in County Fermanagh, while ninety per cent. has already been cut stated Mr. W. T. McClintock, B. Agr., War Executive Officer, at a meeting of the County Fermanagh Agricultural Committee in Enniskillen on Saturday afternoon. He said the farmers had, in spite of adverse conditions, done a remarkable job and .their work had been heroic. One man had cut twelve acres of oats with hooks.

At the present time, he said, there were in operation in the county 150 tractors and ploughs, 72 disc harrows, 88 binders, 46 mobile threshing mills, and, in addition, hundreds of horses. Labour, which had been one of their chief problems in the past, would not now be such a problem owing to machinery which had been set up by the Government to direct men to the land and remain on it. Voluntary labour, which had been so successful in other counties, had not been a success in Fermanagh, and in this respect there would remain, a stain on the county which, it was hoped, would be wiped out by an improvement in the matter next year.

The new Tillage Order had been issued, and .farmers had been asked for an increased effort. Subsidy would be paid on four crops in the coming season, i.e., wheat, rye, potatoes and flax. Mr. John Graham complained of the price allowed for potatoes, contending that after the £10 per acre subsidy and the £3 15s 0d per ton fixed price were added together the return did not compare favourably with that received by the “Eire” farmers.

Mr. F. Doherty thought that the reason was to be found in that the price was the same as that fixed, for the English crop. Mr. Graham said farmers in Northern Ireland were not getting a fair deal in this respect. He added that in “Eire’’ the price given for potatoes was £8 per ton. They were not worth digging at the price now fixed in Northern Ireland. Mr. J. O. Rhynehart, of the Ministry of Agriculture, who was pressed for an explanation as to the discrepancy in prices stated he was not in a position to state what the prices were in another part of the country, but pointed out that in ‘Eire’ the scarcity of manures would possibly result in a poorer crop, so that in the end the return per acre in Northern Ireland might be higher. Mr. Graham – I think that is not an answer. Mr. Doherty said that in country places potatoes were not worth moving at £3 15a per ton.

Mr. A. Wilson—Better do away with the potato crop. Mr. McClintock objected to the question as to the price paid in “Eire” stating they were not concerned with it. Mr. J. N. Carson, J.P.—Indeed we are concerned with it. Mr Graham (to the Secretary) — Yes, so, I am not going to let you away with that. We are concerned if a better price is paid across the Border in the Free State. Mr. Graham then spoke of the number of fat cows, which were going across into “Eire,’’ where a better price was being paid than at home. Major W. G. Nixon, D.L., chairman, said he was sure Mr. Rhynehart would bring their views on these two questions before the price fixing authorities.

Mr. J. E. J. Fawcett, J.P., voiced the appreciation of the farming community at the efforts of Mr. McClintock and his staff in promoting the tillage drive in the county. It had been a difficult period but the farmers had come through fairly well on the whole, and the position was much more satisfactory than anyone could have imagined earlier in the season. Mr. J. R. Hamilton, J.P., stated Mr. McClintock did a wonderful job of work, and the farmers had scored a wonderful achievement. Supporting, Mr. Graham said he was still of the opinion, that the Ministry had given the farmers an unfair deal as regards the potato crop. He requested Mr. Rhynehart to convey to the Ministry the Committee’s expression of thanks to their officials. Mr. Rhynehart said he would be delighted to do so. In reply, Mr. McClintock said the farmers of Fermanagh had responded promptly to the appeal for more tillage, and it was only in a very odd instance that the officials encountered any difficulty.

17-10-1942. MINUTES AMENDMENTS. WAR BONUS FOR RELIEVING OFFICER. Mr. James Murphy objected to the signing of the minutes of Enniskillen Board of Guardians on Tuesday on the ground that they stated that an increase in war bonus be granted to Mr. P. MacManus, reliving officer, to bring the grant under this heading up to 5s a week. Mr. Murphy said his proposal on the last Board day was to increase Mr. MacManus’s war bonus by 5s a week which would bring the grant up to 6s 6d a week.  Hon. C. L. Corry, J.P., chairman, stated he had the entry in his book which corresponded to what Mr, Murphy now said. Mr. J. Brown, cleric, said he understood Mr. MacManus was being treated in the same way as Mr. Fee, another relieving officer had been dealt with—i.e., an increase of 3s per week, half payable by the Board and half by the Rural Council.

Mr. Murphy said that what really happened was Mr. Beatty proposed 10s a week, and he seconded. Mr. Thornton proposed. 3s and that was why he (Mr. Murphy) had proposed 5s a week. Mr. J. Beatty, J.P.—I understood the 5s proposal was passed. Mr; James Burns said his recollection of what happened was that the bonus be made up to 5s a week as the Clerk had stated in the minutes. Mr. C- McKeown—Didn’t the Ministry sanction 10s a week for a nurse? Didn’t the ferryman get 10s? I do not see why the Ministry should object to it. Clerk—It is not a question of that at all—it is a case of the minutes being correct. That now makes the bonus a total of 6s 6d per week? Mr. Murphy—Yes. Mr. Beatty—I would like to know why he was only allowed 6s 6d. Clerk—That was the Board’s decision. Mr. Beatty — That was nothing to allow any man. Mr. McKeown—It would buy matches. The minutes were amended as Mr. Murphy suggested.

17-10-1942. GAVE CAR ON LOAN—LICENCE SUSPENDED FOR YEAR. Fines of 40s and costs with suspension of licence for twelve months were imposed on Patrick McGovern Grayport, Belcoo, user of the vehicle, and John McGale, Tattysallagh, Clanabogan, Omagh, owner, when at Irvinestown Petty Sessions on Friday is was proved that McGovern was found using the car which was covered with owner driven insurance only. Constable McKimm was the police witness. McGale said McGovern asked him for the loan of the car and witness acceded to the request. Mr, R. A. Herbert, LL.B., for McGovern, said the latter had walked into a trap. Major Dickie, R.M. (to McGale)—What right have you to give your car and petrol to anyone to drive round the country? He told me he would put the petrol in to do the job. I was always allowed petrol to go to my work.

£10 FINE ON IRVINESTOWN MAN. FALSE REPRESENTATION CHARGE. At Irvinestown Petty Sessions, on Friday, before Major Dickie, R.M., James Keys, of Glenall, Irvinestown, was charged with having on 22nd December, 1941, for the purpose of obtaining a supplementary pension for himself under the Unemployment Assistance Act, made a false representation that, during the seven days up to and including the 18th Dec., 1941, he had not earned more than 5s, whereas during this period he was employed by Messrs. Courtney, Ltd., I, Shipquay Place, Derry, at an average daily wage of 6/11d. The case had been brought at the last Irvinestown, Court but was dismissed without prejudice. Alan McCullagh, an official of the Assistance Board, gave evidence that he received an application from defendant for a supplemental pension on 31st Dec., 1940. He stated that he was in receipt of 10s old age pension and had stock of about one dozen hens. Later defendant wrote to him asking him if he could do something about placing him in employment and witness referred him to the Ministry of Labour.

William Henry Howe, another official, said that on the 26th May he told defendant that information had come into the possession of the Board that he had been employed with Messrs. Courtney and witness gave defendant the dates. Defendant made the following statement: “I was never employed by Messrs. Courtney and have done no work since ceasing to be employed by Mr. Hermon of Necarne Castle, Irvinestown. I am not living on a holding and get no privileges from the owner of the house where I now live. My son Irvine does no work of any kind.’’ Witness identified defendant’s signature on a document produced. John Charles Burkey, of the firm of Messrs. Courtney, said defendant was employed as a labourer by his firm from the 2nd December 1941, till 20th December, 1942. For the week ending 18th Dec., 1941, defendant was paid £2 7s 6d. The week prior to that, he was paid £2 9s 7d and the week before that £1 7s 4d. Mr. E. C. Ferguson, M.P. (defending)’ —Did you pay the defendant?—I paid a “J. Keys.” When Desmond Mahon was called as a witness and did not appear, Mr. J. Cooper, D.L., Crown Solicitor, who prosecuted, said he would ask for a warrant for his arrest if necessary.

Mr. Ferguson submitted that he was entitled to a direction on the grounds that the prosecution had not identified defendant as the man, but his Worship ruled against him on this point. Defendant swore that he got a supplementary pension first about the end of 1940 and drew it from then until the 31st October, 1941, when his book was taken away and kept till 18th December. During that time he had to go and look for some work. He worked for a week and left on the 11th December. Before he went into employment he actually wrote to the authorities and told them he was going to apply for a job. After he had worked for almost three weeks he had to give up. From December, 1941 he had been in receipt of a supplementary pension. He was not working for the week ending 18th December and did not earn more than 5s during that week. There were any amount of Keys in that country besides defendant. Mr. Cooper—You don’t mind telling a little falsehood now and again, do you? No, never to my knowing. Defendant added that he signed his name that he never worked with Messrs. Courtney while he was getting the pension. Mr. Ferguson said he did not see any particularly hidden fraud in the case. Defendant had written to the Labour Exchange and called three times. His Worship said that during the week for which defendant had been prosecuted he thought it had been proved beyond any reasonable doubt that he had actually earned the sum of £2 7s 6d. He imposed a fine of £10 and £2 2s costs, and allowed defendant-two months to pay.

17-10-1942.CARDINAL MacRORY AND THE WAR. PLEA FOR NEGOTIATED PEACE. ADDRESS AT MAYNOOTH. His Eminence Cardinal MacRory, speaking at the annual distribution of prizes in Maynooth College on Tuesday, pleaded for a negotiated peace. He said: – On various occasions I have expressed my hope for a negotiated peace, because I believed that only in this way is there any hope of peace with justice. I am convinced of that more than ever, seeing that cruel feelings are arising on both sides and prisoners are being put in chains. “If the war is fought to a finish,’’ said his Eminence, “there may possibly be a stalemate owing to utter exhaustion on both sides, but if either side win there will be a peace, not of justice, but of vengeance which will but sow the seeds sf future wars.” The Cardinal, continuing, said:—”I am not so foolish as to imagine that anything I can say will have any effect. However, I feel it a duty to say something.

17-10-1942. ENNISKILLEN BOARD AND QUESTION OF REPAIRS. When an account from a local garage proprietor for repairs to the ambulance came before Enniskillen Board of Guardians on Tuesday for payment, Mr. J. Brown, Clerk, said Mr. J. Cathcart, the ambulance driver, was not prepared to certify some of the items. Mr. Cathcart said some of the items were not in his book in which he kept a record of all repairs to the ambulance. The explanation was this: On 15th, January last Mr. Barton’s man was employed to bring a patient into the Hospital in this ambulance, he (Mr. Cathcart) being out at the time in the other ambulance. An accident happened to the ambulance in charge of Mr. Barton’s (the garage proprietor) driver. On one occasion since it would not start. He thought himself these repairs were made necessary by the accident. The ambulance never had been in order since. It would not charge until it was driven at 35 miles per hour—a speed too high for a vehicle of the kind, it should start charging at at least 20 m.p.h. The repairs were, therefore, in his opinion chargeable to the insurance company. He had some of the items of the account in his book.

Mr, Murphy—Do you keep an account as well as Mr. Barton? Mr. Cathcart—Everything I get is kept in my book. Mr. Murphy—Mr. Barton’s account does not correspond with yours? Mr. Cathcart — No sir. Mr. Murphy—Very well, I would not pay him. Mr. Beatty-Was it sent back to Mr. Barton? Mr. Cathcart—No; it is here for payment. Mr. Beatty—Can’t you send it back? Mr. Cathcart—No; it is a matter for the Board. Mr. Kelly—Mr. Brown will ask Mr. Barton, about it and get the thing squared up. Mr. Murphy—Did the insurance company pay for the accident? . Clerk—We have not got any bill for it anyway.

Mr. Murphy—The ambulance should be put right and the insurance company should be informed accordingly. Mr. Beatty—Mr. Barton’s attention should have been drawn to it. Mr. Murphy—That ambulance is giving far too much trouble here and there is something wrong somewhere. There has always been trouble with it since it came here. Mr. Beatty—When you found it not right, why didn’t you draw his attention to it? Mr. Cathcart—I am tired drawing his attention to it. The Chairman, (Hon. C. L. Corry) was proceeding to the next business when Mr. Murphy said: We are here as representatives of the ratepayers; the ratepayers’ money is being paid away and we are entitled to know what it is being paid for. I am not at all satisfied. Write to the insurance company and tell them the ambulance is not giving satisfaction. Mr. Beatty — Draw Mr. Barton’s attention to it. Chairman — The Clerk is going to do that. Mr. Murphy—The insurance company is the body.

17-10-1942.ILLEGAL USE OF COUPONS. STATEMENTS IN BELLEEK CASES. CHARGES AGAINST MERCHANTS. Eight summonses alleging the illegal use of coupons were heard by Major Dickie, R.M., at Belleek Petty Sessions on Tuesday. John Stephens, draper, Main Street, Belleek, and who also has a business in Ballyshannon, was summoned (1) for having, at Belleek between 7th and 16th March, 1942, without the authority of a licence granted by the Board of Trade and for the purpose of obtaining rationed goods, made use of rationed documents or coupons other than those issued to him or those surrendered to him; (2) had in, his possession, with intent to obtain goods, rationed documents or coupons issued to another person; and (3) using for the purpose of obtaining rationed goods, rationed documents, or coupons which did not bear the name, address and National Registration number of the person or persons to whom they were issued. Michael McGrath, Main, Street, Belleek, was charged with aiding and abetting in the commission of these offences. Thomas Daly, grocer, Main St., Belleek, was charged with transferring rationed documents or coupons, and Michael McGrath was summoned for aiding and abetting. Mr. R. A. Herbert, LLb., defended.

Mr. J. P. Getty, solicitor for the Board of Trade, who brought the prosecutions, said his instructions were that Daly had quite a number of customers who left their ration books with him. His Worship would remember that certain ration books which were issued in the first instance with regard to food had 26 margarine coupons in them. Those coupons were not valid and were not used. At the 1st June, 1941, when clothing was rationed for the first time, these: margarine coupons were then to be used for the purpose of acquiring clothing. Their case was that Daly, having got all these margarine coupons from his customers he transferred them to Stephens or McGrath (who managed Stephens’ shop in Belleek), or both. If he did so it was an offence.

He (Mr. Getty) was going to call a number of witnesses to prove that they left these margarine coupons with Daly and gave him no instructions or authority to transfer them to Stephens or anybody else and they did not use them themselves. A quantity of these coupons was sent to Stephens’ wholesaler in Belfast, Messrs. Moffitt and Co., whose agent would tell the Court that 500 coupons were delivered by Stephens to him in return for goods to be supplied. Having got those coupons, the practice was for Messrs. Moffitt to send them to the Post Office and they in turn sent them to the Board of Trade, When they got to the Board of Trade these margarine coupons were found in the bundle, and this started the inquiries. Miss Rosalie Aiken, chief assistant in the Food Office, Irvinestown, gave evidence that ration books containing margarine coupons were issued to a number of people, whom she named.

Sadie Agnes Keown said that Daly was her grocer, and she received .ration books for herself, and three daughters which she gave to her grocer. She did not use the margarine coupons, but her husband used some and bought clothes in Stephens’ using the margarine coupons for the purpose. William Dolan said he never purchased clothing with the margarine coupons and did not authorise his grocer to hand them on. Ernest W. Hall, area manager, of the Board of Trade, Belfast, said the coupons came to him from the Post Office and included margarine coupons. Statements made to Sergt. J. D. Cochrane by Stephens, McGrath and Daly having been read,

McGrath gave evidence and said he could not say when the coupons came into his establishment. He was not given the particulars of the coupons before the prosecution came on, and consequently he was unable to make any inquiries. Sadie Keown’s, husband left in margarine coupons in exchange for clothes, and whatever he handed in would be sent to Moffitt. Dolan’s father and also Daly bought clothes from him. He had some difficulty in getting any regulations and ultimately got part of the regulations from a traveller. He had written five times previously to the Board of Trade and never got an answer from them. So far as he could, he carried out all these relevant regulations. John James Dolan said he did the buying for all of his family, and used his son’s coupons too.

His Worship dismissed the charge against Daly and also the charge against McGrath for aiding and abetting him. Regarding the other case, he said he found it fully proved. He fined Stephens 20/- and 10/- costs on each of the charges of making use of rationed documents other than those issued to him and using  them for the purpose of obtaining rationed goods. McGrath was fined £10 and £3 3s 0d costs for aiding and abetting in the commission of the first offence, and 120/- and three guineas costs for aiding, and abetting in the second offence. The other summonses against Stephens and McGrath were dismissed without prejudice.

17-10-1942. £5 FINE AT BELLEEK. HAD FIVE STONES OF TWENTY SIX COUNTY SUGAR. £5 FINE AT BELLEEK. James Johnston, Aghamuldoney, County Fermanagh, was charged at Belleek Petty Sessions, on Tuesday, before Major Dickie, R.M., with having on 28th May knowingly harboured five stones of sugar imported from the 26-Counties into the Six Counties with intent to evade the payment of Customs duty thereon. Mr. J. Cooper, Crown Solicitor, prosecuting, told the court that in the defendant’s house the police found five stones of sugar, which was of 26-County origin. Mr. P. T. Flanagan, LL.B., who pleaded guilty, in mitigation of the sentence said that if it were possible for defendant to pay duty on the sugar he would very willingly have done so. In certain seasons of the year defendant had special work to do on his farm. He could not get any labour in the Six Counties, and had to get a man from the Free State, This man had no ration card and during the time his application was in for one, by arrangement between him and the defendant they brought over this sugar, for which they paid 5/3d a stone in the Free State, whereas it was obtainable in the .Six Counties for 3/6d per stone. It was really a matter of trying to get over a personal inconvenience. Saying that he did not think it was a bad case, his Worship imposed a fine of £5.

£15 FINE FOR SMUGGLING SPIRITS. John Farry, Monendogue, was charged of knowingly harbouring ten bottles of Irish whiskey, one bottle of Sherry, and one bottle of port wine imported from the 26 Counties into the Six-Counties! Mr. R. A. Herbert, L.L.B., (defending) said that defendant lived with his father and brother on a small farm on the mountain side. His father was an invalid, over 80 years of age; and they were constantly afraid of him dropping off when they would not have any stimulants to give him. Defendant said he hold the police it was for his brother in Belfast. That was not true. None of the local people would sell him (defendant) a bottle of whiskey. Some of the whiskey had been in the house since Christmas- He collected it from time to time and brought it over with him. Mr. Cooper-—-Were you going over the Border on different days and bringing it back—accumulating it?—-No. His Worship—There’s no proof he was dealing in it on a very large scale. I think £15 would meet it.

LORRY DRIVER FINED AT IRVINESTOWN. “The lorry came round Flack’s corner 40 at m.p.h. without slackening speed.” “My lorry is governed down to 25 m.p.h.” These two conflicting statements of evidence, the first one by a constable and the second by the driver of the lorry were given at Irvinestown Petty Sessions on Friday when District Inspector P. Walshe summoned Charles McQuaid, of Drogan, for driving a motor lorry in Irvinestown on 7th Sept. without due care and attention and without reasonable consideration for other users of the highway. Constable McKimm proved the summons and was corroborated by Constable Bradley, neither of whom heard a horn sounded. Defendant said he sounded the horn and only accelerated when he got round the corner. His lorry was governed down to 25 m.p.h. Major Dickie, R.M., said the two constable were definite that defendant came round without due care and he imposed a fine of 10s and costs.

TWICE TORPEDOED MERCHANT NAVY MAN FINED £5. A wireless operator in the Merchant Navy, who, according to his solicitor, had been twice torpedoed and had also been in a tussle with the ‘Deutschland’ appeared at Irvinestown Petty Sessions on Friday, before Major Dickie, R.M., on a charge of being concerned in a fraudulent attempt at evasion of payment of Customs’ duty on two bottles of spirits, at Kesh, on 28th July, imported from “Eire” into Northern Ireland.

Defendant was Vincent Mahon, of Mill St., Irvinestown, and Mr. J. Cooper, D.L., Crown Solicitor, prosecuting, said a Customs officer found defendant sitting reading a book in a third class carriage of the train. He asked defendant if he had any articles to declare and he did not reply. He then asked defendant, what he had in his pockets: and defendant produced. two camera films and said that was all he had got.

The Customs officer, proceeded Mr, Cooper, was very suspicious of defendant as this pockets seemed bulky and ordered him to stand up till he searched him, and found a bottle of whiskey in each of his trousers pockets. When asked why he did not declare the spirits defendant told the officer to “go to hell you and the spirits;” When asked to furnish proof he admitted he had not paid any duty and absolutely decline to recognise the Customs authorities in any way.  His Worship—In what way? Mr. Cooper-He said he did not recognise them. His Worship — A very unfortunate position, with two bottles of whiskey in his pockets.

Mr. E. C. Ferguson, LL.B., M.P., defending, said they admitted having the two bottles of whiskey. The circumstances were these Defendant was a wireless operator employed by the Marconi Company with the Merchant Navy. Since the outbreak of war he had been torpedoed twice and on one occasion had been in a tussle with the ‘Deutschland.’ As a result of these sea activities he had been invalided home at the end of July by the Company. He (Mr. Ferguson) was instructed by defendant that he had wanted these two bottles of whiskey to send to a friend of his. Defendant was a decent fellow who was now fit and ready to return to duty and was awaiting a call to his ship. Mr. Cooper said if defendant .had adopted a different attitude he would have been fined there and then. The duty on the spirits was £l 15s 5d. Mr. Ferguson said in the circumstances perhaps it was excusable. “I am asked,” he said, “to apologise for anything, that he did wrong. His Worship said defendant knew quite well he should not have done this. However, in view of his record he imposed a fine of £5.

SUNDAY CARTING DISAPPROVED. A meeting, under the auspices of the Six-Co. Farmers’ Union was held in the Townhall, Enniskillen on Saturday afternoon, when representatives from all over County Fermanagh attended. Addresses on the policy of the Union were given by Mr. H. Jamison, General Secretary ; Mr, J. H. Barbour, Organiser; Mr. Hughes. Farmers’ Union Insurance Company, and Rev. R. J. M‘Ilmoyle, Dervock. Resolutions were passed, viewing with apprehension the milk marketing scheme so far as payments were concerned and a unanimous expression of opinion was voiced against the carting of milk on Sundays. The main purpose of the meeting was the formation of new branches and progress in this direction was made.

FELLOW INTERNEE’S TRIBUTE TO CAHIR HEALY, M.P. By Frederick Bowman, Internee, Brixton Prison, London and 5, Bradley Place, Eastbank St., Southport; Lancashire, England.

TILL IRELAND UNITE IN PEACE

The years, untried, in prison passed,

Have made impressions sure to last,

Many are grim, but, I’ve a few

For which my gratitude are due.

One patriot I’m proud I’ve met

While tangled in the prison net,

Is CAHIR HEALY—always kind,

Whose noble heart and cultured mind

Inspires respect and strengthen all

Whose courage might incline to fall.

His fine example—smiles of cheer

Make prison walls less gloomy here

His shrewd remarks and sound advice:

Confer a boon beyond all price

On those whose prison .life he shades,

Smoothing their madness, easing cares.

His land and loved ones far away,

Are in his gentle thoughts all day.

But helping others makes him try

To keep suppressing any sigh.

A man of wit and worth and charm.

Sincere and steadfast, firm and calm;

To death for Ireland he would go—

This man whom I’m so proud to know.

Peace for the world is what I claim

And Healy’s object is the same.

His work for Ireland will not cease.

Till Ireland can unite in peace.

SIX-COUNTY VACANT SEATS. STORMONT REJECTS LABOUR MOTION. A motion by Mr. H. Midgley (Labour, Willowfield) at Stormont on Tuesday which asked that writs for vacant Parliamentary seats be issued not later than three months from date of vacancy was defeated by 24 votes to one. The  motion was described by the Minister of Agriculture as the most reactionary that had ever been brought.

 

1942. Fermanagh Herald.

19-9-1942. HILL-TOP MONUMENT TO COONIAN’S FAITH. NEW ST. JOSEPH’S CHURCH DEDICATED AND OPENED. CEREMONY BY THE RIGHT REV. MONSIGNOR KEOWN. Raising its beautiful Irish Romanesque outlines on the crest of a hill overlooking a valley wherein between two hills is hidden a poor rude structure of the Penal days, which it succeeds, the new St. Joseph’s Church, Coonian, Brookeborough, solemnly dedicated and opened on Sunday by Right Rev. Monsignor Dean Keown, P.P., Carrickmacross, Vicar Capitular of Clogher Diocese, will be a landmark in South Fermanagh. It will serve 180 families of that mountainous portion of Aughavea parish whose ancestors were driven to those hills from the rich plains below by the invader.

Possessed of little but a strong faith and perseverance, the people have survived and flourished. Nearly a thousand of them on Sunday stood proudly by the new St. Joseph’s looking down the vista of years to the beginnings of the little edifice whose walls are tottering with the weight of age in the Valley. .It was with them through their trials and the trials of their fathers, and though for the past half century its damp, sodden walls and unheated interior held little of comfort, it must be with not a little tinge of regret that they part company from that rude home of their faith which has been hallowed by the prayerful gatherings and worship of their ancestors.

DAWNING OF HAPPIER DAY. But the faith has conquered, through many trials and bitter persecution, in this district, and with the dawn of a happier day in which worship .may be public and in which, through hard work, the people have attained to a reasonable standard pf comfort and prosperity, it was only right that the ancient and true faith should once more have its centre in a worthy home on some crowning mount. In July, 1959, the great work was undertaken. In August of the following year the foundation stone was laid, and on Sunday the people saw more than three years of strenuous and self-sacrificing effort brought to a happy consummation.

THE NEW CHURCH. St. Joseph’s will accommodate over 500 people. It is designed in the Irish Romanesque style, with, a deep semi-circular apse and an imposing tower rising almost fifty feet on the Gospel side of the building. The magnificent site overlooks the wide sweep of valley between Coonian and Colebrooke. The building was designed, by Messrs. J. Donnelly and Sons, architects, Enniskillen, and was erected under their supervision by Father Patrick McQuaid, P.P. A very considerable amount of the labour required was given voluntarily by the parishioners, and the site was given free of all charge by Mr. Dillon, a parishioner who lives close by. The cost totalled about £7,000 of which most has already been paid. Owing to the restrictions caused by the war, it was not possible to provide altars, communion rails, seats and other furnishings or to complete the grounds about the church. These must await the end of the war.

AUGHAVEA PARISH IMPROVEMENTS. Since Father McQuaid’s appointment to the parish over nine years ago, he has completely reconstructed Brookeborough parish church and erected new schools there. These buildings are convenient to one another and surrounded by Church property. He has also been responsible for the provision of a new cemetery at Brookeborough and of a new cemetery adjoining the present Coonian Church. This cemetery was solemnly consecrated on Monday by Dean Keown. Father McQuaid’s other works include the reconstruction of the parish priest’s residence and also the curate’s residence at Coonian.

THE OFFICIATING CLERGY. Sunday’s ceremony commenced at. 11 a.m. Assisting the Vicar Capitular at the dedication and opening ceremony were Very Rev. E. O’Hart, P.P., Tempo, as deacon; and Very, Rev. F. J. Donnelly, P.P., Lisnaskea, as sub-deacon, with Rev; T. J. Meegan, C.C., Enniskillen, as master of ceremonies. Dean Keown performed the ceremony of opening the church, with a key presented to him by Mr. Donnelly. Solemn High Mass, at which Dean Keown presided, was celebrated by Rev. P. McGloin, chaplain, Monaghan County Hospital, formerly curate at Coonian, with Father O’Hart as deacon, Father Donnelly sub-deacon and Father Meegan master of ceremonies. Also present were Father McQuaid and Rev. J. McMahon, C.C., Coonian. .

STATIONS OF THE CROSS ERECTED. After Mass, the Stations of the Cross were blessed and erected by Dean Keown, assisted by Father Meegan, and the ceremonies, which lasted almost three hours concluded with Solemn Benediction of the Blessed Sacrament imparted, by the Vicar Capitular. The music of the Mass, the Stabat Mater and the hymns, for Benediction were provided by the combined choirs of Coonian and Clogher, under Sisters Collette and Ephraim, of Clogher Convent.

PASTOR’S TRIBUTE. Addressing the people after Mass, Father McQuaid said, it was providential that a very great friend of Dr. Owens, a Bishop of Clogher who first saw the light in Coonian, should in the person of Dean Keown perform that solemn ceremony. The Church was very beautiful, but to his mind nothing was too good for the people of Brookeborough, who had been magnificent in their support. He had not paid one penny interest on money since he began the building. On one Monday morning he had not a penny piece, and he was wondering if he would, have to borrow money out of the bank, but by Saturday he had almost enough to pay the workmen. All work was done by direct labour. It was a privilege to have Monsignor Keown with them to perform the ceremony. Monsignor Keown knew some amongst the congregation, whom he had also known long ago in the spring-time of life when he was a curate in Coonian. Father McQuaid thanked all who had assisted in the erection of the Church, particularly Mr, Donnelly, the architect, who had designed that very beautiful church. It was well heated and would be comfortable for the people.

MONSIGNOR KEOWN. Monsignor Keown said he regarded it as a great privilege and a very solemn duty to assist in the dedication of this beautiful building to the honour and glory of God. It was just 54 years since he celebrated Mass in Coonian. It was his first curacy, .His was a very short stay, there, but it was long enough to learn to love and admire the people. Many, changes had taken place since, but there was no change in the strong faith of Coonian. Fifty years ago the old church was not suitable for its purpose, but circumstances were against the people. Theirs was a struggle for a bare existence, and church buildings and schools had to be put aside. A happier day had come and they had now a church that was a joy and delight to the district, the parish and, indeed, the whole diocese. Their late Bishop looked forward with great joy and happiness to performing that ceremony in Coonian. God had ordained otherwise, but he was sure Dr. McKenna was amongst those looking down on their ceremony and uniting with them in their day of joy. Dr. Owens, too, he was sure, was united with them in their happiness. He had been associated with the late Dr. Owens for many years and knew of his very deep interest iii the people of his native Coonian.

Their Church would be a rallying-place for the people for all time. It had been opened and the lamp had been lit before the adorable Sacrament on the Altar. It was how a centre for worship in the district, and he was sure, the people would take an interest and delight in going there and thanking God for the graces and blessings bestowed on them. The church was God’s own house. He loved it. “He loved the beauty of His house and the place where His glory dwelleth.” He loved this Church, which was a new proof of the love of the people of Coonian for God, and He would abide there and bless them and their children and their children’s children for the great work they had done. The Monsignor very warmly congratulated the people, and hoped the people would always remain the good and faithful Catholics they had in the past always shown themselves to be.

19-9-1942. JAIL FOR CYCLE THEFT. CASE AT CLONES COURT. At Clones District Court, on Wednesday of last week, before District Justice Lavery, Thomas Clarke, labourer, Muff, Cootehill, Co. Cavan, was charged with the larceny of a bicycle, value £12, the property, of Thomas, McFadden, Cornasuaus, Co. Cavan on September 14. Defendant was remanded in custody from a special court, and admitted the offence. Supt. B. O’Boyle, Bailieboro’ gave evidence. Accused was sentenced to three months imprisonment.

19-9-1942. BUTTER FOR EXPORT. George Scott, Crivelea, Clones, was fined £7 4s for bringing to a place for export a quantity of whiskey and 21b. of butter at Clones on July 20. Defendant pleaded guilty. Mr. J. B. Murphy (solicitor for defendant) said his client was not normal, and his clergyman had written to the Revenue Commissioners about him. When he came in to see him (Mr. Murphy) he burst into tears. Defendant was unfit to work. He could not pay the fine sought for and was not fit to go to jail. The Justice imposed the fine as stated, which was the penalty sought fo.

19-9-1942. CHEMIST’S ASSISTANT SUMMONED. UNINSURED MOTOR BICYCLE. . A young chemist’s assistant, John Douglas Irwin, of 42, Belmore St., Enniskillen, was charged at Enniskillen petty Sessions on Monday with using a, motor cycle on 13th August last, without being insured. Constable Walker said that defendant produced a certificate of insurance which had expired on 31st July. Defendant stated that he knew it was out of date but he had only gone for a short run to test the bicycle. Mr. J, Hanna, for defendant, said that defendant had not been using the bicycle for some time, and he intended to sell it and forgot to take out, the insurance. Major Dickie, R.M., imposed a fine of £4 and 2s costs, with automatic suspension of defendant’s licence for 12 months.

26-9-1942. JOTTINGS. Boho Sports.—Boho Sports Committee passed a resolution thanking the following who sent cash and prizes to the sports Mrs. McKinstry, Tullyholvin P.E.S.; Mrs. Rose A. Magee, Cornerk P.E.S.; Mr. J. J. Maguire, Derrygonnelly.

Monea Sports.—Postponed because of unfavourable conditions, Monea sports will be held this Sunday at Tullynargy. There has been a good entry, it is under-stood for the North Fermanagh Donkey Derby, an innovation which should prove a most attractive item. There is a big supporting programme, including a football, challenge match.

COMING EVENTS. Sunday, 27th Sept. Ceilidhe, Killyrover Hall, Monea Sports at Tullymargy. Dance, Foresters’ Hall, Enniskillen. Dance, A.O.H. Hall, Arney. Sunday, 4th Oct.—Dance, Tullyholvin School.

26-9-1942. CO. FERMANAGH CIVIL DEFENCE SERVICES. A Civil Defence Mobile Reinforcement Column, paid a visit to Ballinamallard on Monday evening, consisting of Wardens, Ambulance, First Aid Party, Rescue Party and a section of the; National Fire Service. The column was under the command of Mr. J. Lusted, County Training Officer, and the air raid incidents were under the control of Mr. Cecil Taylor, Chief Warden and Controller, Enniskillen. The practice, which consisted of reporting of incidents, treatment and removal of casualties, firefighting by the N.F.S. and rescue from a three storey house of supposedly trapped casualties, was carried out under, extremely difficult conditions.

The practice was under the general supervision of Capt. W. R. Shutt, M.C., County Civil Defence Officer, and his deputy, Major J. A. Henderson. After the exercise all the C.D. services proceeded to the Archdale Memorial Hall where they, were addressed by the County Civil Defence Officer, who paid tribute to the keenness of the Ballinamallard Volunteers and to their Chief Warden.

10-10-1942. FROM MOUNTJOY TO CRUMLIN. BICYCLE THIEF SENTENCED AT ENNISKILLEN. “I may say that in every case of larceny of a bicycle I intend to impose imprisonment,” said Major T. W. Dickie, R.M., at Enniskillen Petty Sessions on Monday. He was dealing with a charge of the larceny of a bicycle by Thomas McGovern, of no fixed address, the machine being the property of Desmond Leonard, Garvary. Sergt. Kerr, Letter, gave evidence that on the 25th Sept. defendant was brought to the barracks by an R.U.C. patrol and witness asked him where he got the bicycle he had in his possession. After caution defendant stated he left Enniskillen at 11 p.m. on the previous day to go to James Chambers’ house in the Tempo district. When he got to Garvary he went to the house of Cahil Leonard, and without being given authority took away a bicycle the subject of the present charge. He then proceeded to Chambers’ house and was admitted by Edward Chambers, who said the ball bearings of his (defendant’s) bicycle he had given Annie Chambers, his sister, were broken. Defendant added that he intended to take up a job at Pettigo and used Leonard’s bicycle to get there, intending to leave it back. Desmond Leonard said that on the 23rd Sept. he left his bicycle at home and missed it two days later. He gave nobody authority to take it away. He had known defendant through seeing him at dances. Defendant, on being asked if he wished to give evidence, refused to go into the witness box but said his own bicycle was still at Chambers’ house.

In reply to the R.M., Head-Constable Poots, who prosecuted for D.I. Walshe, said that on the 25rd Sept. defendant was coming out of Mountjoy Jail after doing six months for the larceny of cattle. He had another conviction for the larceny of a horse in the 26 Counties. The R.M.—You have had two previous convictions, You had no right to take this man’s bicycle and I can only regard it as ordinary larceny. Six months’ imprisonment: His Worship then made the remark quoted at the outset.

10-10-1942. £10 FINE ON FARMER. EXCESSIVE CLAIM FOR POTATO SUBSIDY. What he described as a moderate penalty of £10, with five guineas costs, was imposed by Major T. W. Dickie, R.M., at Enniskillen Petty Sessions on Monday in a case in which George Johnston, a young farmer, of Derrykeeghan, Enniskillen, was summoned by the Ministry of Agriculture for making an alleged false claim in respect of subsidy on his potato crop.

Mr. James Cooper Crown Solicitor, prosecuting, said defendant claimed for eight acres, whereas he only had 4 acres 3 roods under potatoes. The amount involved was £32 10s. Samuel Johnston, Government Inspector, produced a statement alleged to have been given him by defendant on 30th June in which he (defendant) said the claim was completed and signed by him on the 13th June, and posted to the Ministry of Agriculture. It was witnessed by Constable McCreevy. The alleged statement went on: “I must have been wrong in my evidence of the measurements. I own a field which is about five acres, but there was an acre or more in turnips. The remainder is planted with potatoes, except for a few drills of cabbage. The other field belongs to my mother, in which have potatoes planted. I reckoned it contained three acres I had a notion of putting in potatoes in the whole field belonging to myself, but the last amount of potatoes did not grow. I had to plant turnips.” Witness added that in consequence of very exaggerated claims the Ministry had found it necessary to institute proceedings.

In reply to Mr. Ferguson, defending, witness said most of the claims sent in were approximate, but it was unusual to find such discrepancies in this instance. He did not think it was unusual for farmers to measure their potato plots before sending in their claims. It was true to say there had been a severe drought in the months of May and June, and there had in consequence, been misses in the potato crop, but he had not heard of wholesale failures in fields. Mr. Corr, Ministry’s Inspector, gave evidence of measuring the plot in Derrykeeghan field (defendant’s property), and he arrived at 2a. 3r. There was a slight doubt, the benefit of which was given by his superior officer (Mr. Gillespie) to defendant, and it was altered to three acres. In the Ballydoolagh field the potato acreage was estimated at la. 3r. Mr. Gillespie corroborated. To Mr. Ferguson, he admitted there were slight discrepancies in most cases. Last year in addition to the police inspection report, there was a ten per cent check by the Ministry on subsidy claims. His Worship-You complain this was grossly exaggerated?

Witness—Yes. Defendant, in evidence said he owned the farm in Derrykeeghan, and he cultivated his mother’s land in Ballydoolagh. He understood that the Ordnance Survey map gave the area of the Derrykeeghan field as 5½ acres. In the Ballydoolagh field, which was 4½acress in extent, he estimated there were three acres of potatoes, which was the acreage, allowed by Mr. Ritchie, Agricultural Officer for the county when he inspected the corn crop. Part of the potato crop in Derrykeeghan failed, and he pulled out the tubers, knowing there would be no result, and sowed turnips. Questioned by Mr. Cooper, witness said he did not consider he was overpaid, subsidy on last year’s corn crop. The claim was accurate as far as he knew, or he would not have submitted it. Richard Crozier, surveyor, estimated that the total acreage under potatoes in the Derrykeeghan field was 2a 3r. l5p, and in the one at Ballydoolagh la. 3r. 19p a total of 4a. 2r.34p. The Derrykeeghan field was very deceptive, as the Ordnance Survey measurement were larger than the field now actually was. Mr. Ferguson submitted defendant did not know the claim was false, and that he had no intention of defrauding the Ministry. The Ministry’s inspectors, unable to measure every field they inspected, had to take their measurements from the Ordnance Survey.

His Worship said that apparently defendant had guessed the area of the two fields, but guessed in his own favour. It was quite clear he did not inform the Ministry about the potatoes not growing, and putting in the turnips as a substitute. Mr. Ferguson—I do not know that he would be entitled to inform them. The (the Ministry) give the subsidy whether the potatoes grow or not. One of the inspectors was rising to speak when his Worship remarked that some farmers who did not even bother to take out their potatoes, were paid £10 per acre by a generous Government. He did not say defendant, whom he believed was a good farmer, did that. He did not think defendant really realised what he was doing. He must, however, have known that he was making a claim he could not possibly substantiate. It was not a bad case, and the penalty he had in mind was not substantial. His Worship ruled as already stated.

10-10-1942. AMERICAN SOLDIER’S DEATH. LORRY AND “ PEEP ” COLLIDE. COURT SEQUEL. There was a sequel to a fatal accident at Silverhill, near Enniskillen, at Enniskillen Petty Sessions on Monday, when, arising out of an accident in which an American soldier lost his life, John J. Bannon, of Mountdrum, Lisbellaw, was charged with having driven a lorry without due care and attention.

Bannon had been driving a lorry laden with about four tons of stones from Blaney quarry on 8th August when he came into collision with a Peep (an American Army vehicle). As a result of injuries received in the collision one of the passengers in the Peep—an American soldier—died next day. The only evidence tendered for the Crown was given by Sergeant Henderson, inspector of public vehicles, and Constable. A. Corry; and Head-Constable Poots said that the accident had been reported to the American authorities with a view to having the other driver brought before their Court. Bannon said that as he came to the bend on the road his lorry was in second gear, travelling at a speed of between seven and ten miles per hour, and about I5 feet from the grass verge on his own side. He saw the Peep corning along and the accident happened suddenly. He thought the other vehicle had plenty of room to pass. Dismissing the charges on the merits, Major Dickie, P.M., said he was extremely sorry that the death of a member of the American forces occurred as a result of the accident, and he was sure, they all tendered their sympathy to his relatives. Mr. Isaac Copeland, K.C. (defending), said that Bannon felt it very much. His Worship—I am quite sure he docs. Head-Constable Poots also tendered sympathy on behalf of the police force.

10-10-1942. BROOKEBOROUGH COURT CASES “Most Inveterate Smuggler.” Owen Beggan, clothes dealer, of Mullinavale described by Mr. Cooper, Crown Solicitor, as a most inveterate smuggler on both sides of the Border, was, at Brookeboro’ Petty Sessions on Tuesday, fined £20 for harbouring with intent to evade Customs duties, prohibited goods, including two men’s serge suits, 9 pairs’ men’s woollen underpants, 9 pairs men’s braces, 1 shirt, 1 aluminium kettle, and 5 dozen razor blades. Defendant admitted purchasing the clothing in “Eire.”

10-10-1942. ASSAULT CHARGE. When James Maguire, labourer, Corrylongford, charged Charles Boyd, farmer, of Tattymickle, with assault, Boyd alleged Maguire was continually denouncing the English, and that, declared the I.R.A. had not shot enough policemen. He also alleged that Maguire refused to recognise a British court. He (Boyd) admitted striking him in self-defence, and his Worship ordered him to pay £1 compensation to Maguire. Maguire denied the allegations made by Boyd.

10-10-1942. ALL NIGHT VIGIL AT PUBLIC HOUSE. ENNNISKILLEN LICENSING CHARGE. An all-night vigil by police outside a public house in Enniskillen was described at Enniskillen Petty Sessions on Monday, when Richard Johnston, publican, Market St., Enniskillen, was charged under the usual five counts with breaches of the licensing laws, and with failing to admit the police. Evidence was given by Sergt. Sherrard that at 12.45 a.m. on 26th Sept. when passing defendant’s licensed premises he heard the sound of voices speaking in a very low tone. He saw a light around the edge of the window blind at the bar and heard the sound of some liquid running. He knocked loudly on the door and shouted in through the letter box ‘‘Police on public house duty. Open up,” and heard the sound as if someone was walking on tiptoe. After that all was silent. Witness described how the police then kept the premises under observation all night and the demand for admittance to the premises was repeated at intervals. At 8.30 a.m. when he went into a house next door to the licensed premises he found a man in the kitchen and as a result of what the man told him he went to the rear yard and on examining the wall dividing the yard from the licensed premises he found fresh scrapes on the bricks on top of the wall, where there was a green slime.

At 8.45 a.m. when he returned to defendant’s licensed premises, defendant’s wife admitted him and he found defendant in bed. When asked to account for the long delay in admitting witness, defendant said he did not know he was out there it all. When told about seeing the light in the bar at 12.45 a.m. defendant said “That is a lie.” Witness brought the other man to the premises and read his statement. The man said he admitted being on the premises, and when asked if he had anything to say, defendant replied: “I know nothing about him-nothing.

Mr. E. C: Ferguson, LL.B., M.P. (for defendant)—More people than you are knocking at public house doors these times?—I can quite believe that. Witness said he did not think the marks on the wall had been made by a cat. Constables Walker and Williams also gave evidence. The man found in the adjoining house said that he met defendant on the night in question and went to his house to have a yarn with him. He was in defendant’s house about five minutes when he heard a knock and he went out the back and over the wall. His Worship—That’s Mr. Ferguson’s cat. (Laughter). Witness said that he stopped in the yard all night. Defendant denied that the man found by the police had been on his premise that night and he did not hear anyone shouting through the letter box or door. Asked about the knocking, he said they were fed up with knocking. His Worship fined defendant 20s and costs for failing to admit the police, and dismissed the other five charges.

10-10-1942. POLICE SERGEANT ASSAULTED. ENNISKILLEN INCIDENT. LISNASKEA MAN FINED. An assault on a police sergeant at a dance in the Townhall, Enniskillen was described at Enniskillen Petty Sessions an Monday, before Major Dickie, R.M., when Patrick Maguire, of Aghadrenan, Lisnaskea, was charged with disorderly behaviour, on 25th September and with assaulting Sergeant R. Torrance, R.U.C. An application was also made to have defendant bound to the peace.

Sergeant Torrance gave evidence that when on duty at the Diamond at 10.40 p.m. on 25th Sept. a complaint was made by a boy that he had been beaten by a stranger in the Townhall lavatory. He went with the boy into the Townhall, where there was a dance in progress and the boy pointed out defendant who was accompanied by six or seven American soldiers. He was adopting a fighting attitude and was very aggressive and when asked him his name he said it was Maguire. On request defendant produced his National Registration card and when witness took out his notebook to take particulars he was struck four heavy blows on the face and head, his cap being knocked off and his notebook knocked out of his hands. Witness got hold of defendant by the coat and an American soldier snatched defendant’s identity card out of witness’s hand. When witness saw the attitude of the American soldiers he could not do very much at the time.  Some civilians wanted him to take Maguire from the American soldiers and seemed to resent the interference of the Americans.

The soldiers took Maguire out and they got into a lorry. Other police arrived and they took Maguire out of the lorry. He lay down in the lorry and held on to the American soldiers, and was taken out of the lorry forcibly. When being brought to the barracks he resisted very violently. Defendant was not drunk but had drink taken. ‘I came off lucky, I must say,” added witness. “I think Maguire meant to hurt me.” To Mr. J. B. Murphy for the defence, witness said that defendant was kept in the barracks all night and when handed the summonses next morning said he apologised, that he had no intention of hitting a policeman. His Worship—Were you in uniform? — I was. Mr. Murphy—Defendant instructs me to express, his most sincere apologies to you here today.

Sergeant Sherrard said that defendant resisted arrest violently and succeeded in tripping him. He said he did not mind if he did 20 years penal servitude. Mr. Murphy said this was a most regrettable occurrence and one which defendant felt very deeply to-day. Explaining the circumstances, he said that defendant was engaged in war service and was attached to the American Army, and along with a number of American soldiers he came into the town on this particular night, had several drinks, and then went to the pictures where they only remained ten minutes. They went out and had more drink and went to the dance. The three of them went into the lavatory where this boy was. They did not assault him, they said, but the boy went out and complained he had been assaulted. Maguire, who was hopelessly drunk at the time, was asked for his identity card and apparently lost his temper owing to the fact that he felt he was being charged with assault. He realised the seriousness of the offence he had committed when he sobered up next morning.

Defendant, in evidence, bore out his solicitor’s statement. Next morning, when told what happened he apologised. Mr. Murphy — On your oath were you drunk or sober?—I was drunk. Head-Constable Poots—Do you not think this was a most unprovoked assault on the sergeant? Defendant—I do. His Worship said he thought it was a drunken spree and defendant had adopted a very wise course. Defendant at the earliest possible moment had apologised, to Sergt. Torrance for assaulting the sergeant he imposed a fine of 40s and costs and. bound over defendant for 12 months, himself in £10 and one surety of £5. His Worship added: ‘I would like to make it quite clear, in these cases I shall not have the slightest hesitation, in sending the people to jail, especially in cases where U.S. forces are involved. It may possibly drag them into a very unpleasant incident.”’

10-10-1942. ROWDY BEHAVIOUR AND VANDALISM. SCENES DESCRIBED AT COUNCIL MEETING. MINOR HALL DANCE BOOKINGS SUSPENDED. Serious complaints regarding misconduct, rowdy behaviour, drunkenness and vandalism in the Town Hall led to Enniskillen Urban Council on Monday, by the casting vote of the Chairman (Senator Whaley), suspending for three months the bookings of the Minor Hall for dances when present bookings expire. There were revelations regarding the consumption of intoxicants by women, who have been seen badly under the influence of drink in the Town Hall and on the streets. It was stated that “it is as much as the caretaker’s life is worth to talk to some of these rough and rowdy characters in the hall. When the Surveyor (Mr, J. reported that painting work had carried out in the Minor Hall, Mr. J. Logan said the Minor Hall that morning was mud from top to bottom. Criminal proceedings should be taken against someone, and there should somebody in the hall to protect it on the occasion of dances.

Chairman—You mean dirt on the floor? Mr. Logan—Oh the walls–it is mud right up to the top. There are all sorts of filth, not on one wall, but on all. The Surveyor r. Donnelly) said the hall was cleaned on Friday. .He had seen the dirt on Sunday. There had been a dance on Saturday night. Mr. Monaghan—When was that damage likely to have been done? Mr. W. Johnston—Saturday night. Mr. Monaghan—Is there any undertaking demanded by the Council, from the organisers of these dances that they will be responsible for their good conduct? Chairman— There is no supervision. Drink was not sold in the Town Hall. People brought in drink in their pockets, and no one could be expected to search, them to see that they had none. The first place they made for was the lavatory, where the drink was taken. How was that going to be stopped?

10-10-1942. EXCHANGE OF PLAQUES. Fermanagh County Council received from the Lords Commissioners of the Admiralty a letter stating that as a result of the successful warship week Fermanagh reached its financial objective, thus enabling that area to adopt the destroyer Sir Lancelot. The commanding officer and ship’s company of the ship were being informed, so that a lasting association might be established between the ship and Fermanagh people. Instructions had been given to prepare a commemorative plaque for presentation to the area. If the Council had in mind to present in return a commemorative plaque to the ship, the Admiralty should be informed so that an occasion for the exchange might be arranged. The Secretary (Mr. Moffitt) said he had brought the matter before the Finance committee who had approved of the presentation of the plaque. The matter was left in the hands of the Chairman and Secretary.

10-10-1942. RELIGIOUS RECEPTION IN MONAGHAN. The reception took place at St. Louis Convent, Monaghan, of Miss Anna Foley (Sister M. Carmel Teresa) of Ballin Valley, Coolaney, Co. Sligo. The ceremony was performed by Right Rev. Mgr. Dean Keown, Vicar Capitular, P.P., V.G., Carrickmacross, assisted by Very Rev. J. J. McCaughey, Adm., V.F., and Rev. E. McGahan, C.C., Monaghan. Sister Mary St. Luke, OFM. (Finnegan), daughter of Mr. and Mrs T. Finnegan, Dernaglagh, Magheracloone Co., Monaghan who was professed in the Franciscan Convent, Holme Hall, Yorkshire, won distinction in the nursing profession before joining the community and was educated at St. Louis Convents, Monaghan and Carrickmacross. .

10-10-1942. LATE MR LEO HYNES. The death is reported from Port Arthur, Ontario, Canada, of Mr. George Hynes, second son of the late James and Frances Hynes, of 5, Orchard Terrace, Enniskillen. Deceased belonged to a family which will be well remembered in the district for its widespread popularity and the reputation gained by Mr. James Hynes and his sons in the building trade. As reliable and efficient building contractors, the Hynes firm was well known over a wide area. Many years ago, the deceased, left this country for Canada, where he established for himself a circle of sincere friends who will deeply mourn his passing.

10-10-1942. EXCELLENT RATES COLLECTION. Mr. H. J. Moffitt, secretary, told Fermanagh County Council on Friday that of the total warrant for the year of £18,784 13s 11d, a sum of £9,892 18s 5d , or 53 per cent, of the total, had been lodged by the collectors for the half-year up to 30th Sept., 1942. This was a very satisfactory return. All the collectors had closed the first half of the warrant.

10-10-1942. WELL-KNOWN WATER DIVINER’S DEATH. Early on Tuesday morning, well- known well-sinker and water diviner, ‘‘Bill’ Williamson, was taken suddenly ill at his home at Drummurry, Ballinamallard. An urgent message was sent for a doctor but before his arrival Mr. Williamson was dead. He had been living in the district for about six years prior to which he resided at Conerich, Enniskillen. He was a native of Tipperary and aged about 60. He is survived by his wife and family.

10-10-1942. RETIRED AND DIED IN SAME QUARTERS. COINCIDENCE OF RATE COLLECTORS’ PASSING. At Fermanagh County Council on Friday, Hon. C. L. Corry presiding, Mr. H. J. D. Moffitt, secretary, reported the deaths of Mr. John Patterson and Mr. John, Crozier, two superannuated rate collectors. He pointed out that Mr. Patterson had been appointed in 1906, and Mr. Crozier in 1907. Both retired in the same quarter in 1938, and now both had died in the same quarter of 1942. It was a peculiar coincidence he added.  Mr. George Elliott moved a vote of sympathy with the relatives of the deceased, who, he said, had given the Council very faithful service in their time. Lord Enniskillen seconded, and the proposal was passed in silence, the members standing.

10-10-1942. DEATH OF DR. KIDD. WELL-KNOWN ENNISKILLEN SURGEON. Dr. Leonard Kidd, D.L., one of the best-known medical practitioners in Northern Ireland and for many years medical superintendent of the Fermanagh County Hospital died on Friday of last week at his residence, Green Gates, Enniskillen, in his 80th year. He represented the medical profession of all Ireland on the Council of the British Medical Association in London for some time, and was a keen .advocate of the establishment of a Ministry of Health for Northern Ireland. During his long tenure of office at the Fermanagh Hospital he transformed that institution from a small poorly-equipped building into one of the most modern and best equipped in every respect to be found in the Irish Provinces. In recent years’ a new maternity and children’s wing has been added. Dr. Kidd had been in failing health for a considerable time, and had been confined to bed for many months prior to his death. He is survived by two daughters, Miss Edith Kidd, Co. Librarian, Armagh, and Miss Rita Kidd, secretary to the Fermanagh County Hospital.

10-10-1942. WAR WORK PERMIT REFUSED. In reply to Mr, H. Midgley, Labour) at Stormont on Tuesday, the Parliamentary Secretary to the Ministry, of Home Affairs said that in the case of a Mr. J. Smyth, Mary Street, Enniskillen, a permit necessary to enable him ,to take up war work was refused by the Services Security Officer. The onus of deciding whether or not a person was suitable for employment in a military camp rested entirely with the appropriate military authority, and while he (the Parliamentary Secretary) could accept no .responsibility on this point, he was satisfied that the action taken was the proper one in the interests of public security.

10-10-1942. BORDER SEIZURE. A smugglers’ rendezvous utilized by black marketeers from both “Eire” and Northern Ireland, was discovered on Tuesday near the Border in a cemetery building adjoining Connon’s Church, Clones, Co. Monaghan. The “capture” included cases packed with, hundreds of bottles of brandy, gin and wines, bearing a Dublin mark, and bales of binder twine and chests of tea from Northern Ireland. Binder twine, which is extensively used in harvesting, is unobtainable in “Eire.”

10-10-1942. OLD PERMANENT WAY OF CLOCHER RAILWAY. Replying to Mr. Jacob Tavener, at Fermanagh County Council on Friday, Mr. H. J. D. Moffitt said it was the intention of the Council to remove the foundation of the now defunct Clogher Valley permanent way and utilise this ground for widening the roadway where it ran alongside the line. The cost of this work would be recouped to the Council by the liquidator. Answering Lord Belmore, Mr. Moffitt said the Council were not acquiring those portions of the line site which lay inside private property.

10-10-1942. LEAN TIMES FOR BOOKMAKERS. The decline, due to wartime restrictions,  in the betting business was referred to by Mr. P. J. Flanagan, LL.B., solicitor, when defending a number of bookmakers, summoned at Enniskillen Petty Sessions on Monday. He said that having regard to the small number of bets in these cases, he did not think, from the police point, of view, the business could be said to be a nuisance. He knew it was not right for him to speak of profits arising from an illegal business, but the racing programme at present was very limited. Certain wayside pulpits proclaimed that the “bookmakers always win.” In this particular case he thought it was correct to say that the bookmakers always lose. (laughter) Major Dickie, R.M. — But they remain in business. Head Const. Poots, (prosecuting) We are only attempting to make them disgorge some of their winnings. (Laughter) His Worship—I am afraid this is becoming a sort of annual tax. The principals in the case, John Jones, 24 Church Street; Lawrence McKeown, Belmore. Street and Patrick McCall. Market street, were each fined 40/- and costs, and each of the frequenters 3/- and costs. The complainants were Sergt. Codd and, McNally and Constable Kane.

10-10-1942. RAILINGS FOR WAR EFFORT. Fermanagh County Council on Friday decided to cooperate with the Ministry of Finance in the scheme to obtain railings for the war effort. When .the secretary read a letter from the Ministry on the matter, he said that representatives of the Ministry had had a conference with the County Surveyor and himself, and he (the secretary) consulted the chairman, and in the meantime the assistant surveyors were scheduling all the railings in the county. In reply to a member, the secretary said that, according to an advertisement which had appeared, objection could be lodged by owners against the removal of railings, but there was only a small chance of any objection being upheld. He thought that the only exemptions were in the case of gates on farms, and artistic and valuable railings.

10-10-1942. LATE CONSTABLE BOB SCOTT. The sudden death on Monday in Belfast of Constable Bob Scott caused deep regret in the Enniskillen district in which he had been stationed for nearly 12 years until his transfer to Belfast in the early months of this year. Shortly before his transfer he married Miss Doreen Bleakley, of High Street, and it is stated he was taken suddenly ill and died in his wife’s arms in their Belfast home. He was a popular and efficient police officer who knew the line of demarcation between efficiency and officiousness. A tall, well-built policeman, his death was wholly unexpected.

 

 

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.

 

1942 Fermanagh Herald – Local News.

21st February 1942. OBITUARY. MRS. THOMPSON, IRVINESTOWN. Amongst her numerous friends in Fermanagh and Tyrone the news of the death- of Mrs. Mary Thompson, Main Street, Irvinestown, has caused deep regret. Deceased was widow of Mr. Wm. Thompson, who predeceased her 23 years ago. Typical of genuine Irish womanhood—a good wife and mother and a kind and helpful neighbour—her admirable traits of character won for herself the highest esteem amongst all classes of the community. The sad end came on Tuesday, the 10th inst., after a short illness, during which she had the best medical attendance and tender nursing. Mrs. Thompson was deeply devout in the practice of her religious obligations and gave a shining example in this respect. During her illness she was frequently visited by the Rev. J. Trainor, P.P., and Rev. B. Lappin, C.C., and in her last moments Father Trainor was at her bedside. Fortified by the consoling rites of the Church, her death was a holy and a happy one. May her soul rest in peace.

There was a large and representative attendance at the funeral on Thursday the 12th inst., those present including the professional and commercial classes of a wide area. Requiem Mass was celebrated in the Sacred Heart Church, Irvinestown, by the Rev. B. Lappin, after which Father Trainor, P.P. in the course of a touching panegyric, referred to the exemplary Christian qualities, of the deceased. Her whole life, he said, was in accord with Divine precept; for very many years she was a daily Communicant, and as well as attending daily Mass, paid visits to the Blessed Sacrament in the Church every evening. She was foremost in every local work connected with religious associations, and was a devout member of the Sacred Heart Sodality for years. By her death, the parish had lost a member of the Catholic flock which by word and deed had given an edifying example to all. On behalf of priests and people he sympathised with the members of deceased’s family, and exhorted the faithful of the parish to be mindful of her in their prayers.

Father Trainor, assisted by Father Lappin, officiated at the graveside.

The chief mourners were William and James (sons), Mrs. G. Thompson, Dromore (daughter-in-law}Joseph and James Eves, Edemey (brothers) ; Mrs. McElrone, Clonelly; Mrs. McCartney, Philadelphia (sisters); James McElrone, Clonelly (brother-in-law.); Mrs. O’Kane, Pettigo; Mrs. Jas. Eves, Irvinestown; Mrs. Jos. Eves, Edemey; Mrs. Patrick Thompson, Portstewart (sisters-in-law). Clergy present, were:—Very Rev. J. Trainor, P.P.; Rev. John Eves, Ederney; Rev. B. Lappin, C.C., Whitehill; Rev. H. O’Hanlon, C.C., Newtownbutler, Rev. E. Flanagan, C.C., Ederney; Rev. C. McCormack, C.C., Pettigo.

21st February 1942. PETTIGO NEWS. A popular wedding took place in St. Patrick’s Church, Aghyaran, the contracting parties being Mr. Bernard McGrath, Carn, Pettigo, and Miss Nan McHugh, Cloghore. Mr, W. M. McKenna, Slavin, a cousin of the bride, was best man, and Miss Maggie McHugh, Magheramena, Belleek, also a cousin of the bride, was bridesmaid. The ceremony with Nuptial Mass, was performed by Rev. C. Byrne, P.P.

The death took place at her residence “Gortnaree” Pettigo of Miss Isabella Brandon. Deceased was one of the most respected ladies in the district

A very successful whist drive was held in Pettigo Courthouse, on Sunday night week which was organised by Pettigo branch of the Legion of Mary. The prize winners were:—Mrs. J. P. Griffin. Pettigo, 1: Mrs. P. J. Toomey, Pettigo, 2; Miss Maisie Britton, ‘Fincashel’ 3; Mrs. B. Breslin, Pettigo, 4; Gents prize, Mr. Charles Friel, Customs officer. After distributing of the prizes, Rev. P. McCormack, C.C., spiritual director, thanked all who attended.

The marriage took place in St. Brigid’s (sic) St. Joseph’s) Church, Belleek, of Mr. Michael Monaghan, Tamar, Pettigo, and Miss Annie Donnelly, Belalt, Pettigo. Mr. Peter Monaghan, brother of the bridegroom, was best man, and Miss Lizzie Monaghan, sister of the bridegroom, was bridesmaid. The ceremony, with Nuptial Mass, was performed by Rev. Father MacCloskey, C.C., Belleek.

Pettigo customs officials recently seized a quantity of butter, sugar and other articles from persons who were attempting to export them to the six-counties.

 

The death took place in Donegal Hospital, after a lingering illness, of Mr, Hugh McGee. Deceased who was only 25 years of age, leaves a sorrowing father and brothers.

A very-enjoyable dance was held in Letter Hall on Wednesday night of last week. The proceeds wore in aid of the local Band. The music was supplied by the Kentucky Trio Dance Band. Mr. Wm. H. Marshall, Skea, was M.C.

 

A pretty wedding took place in St. Mary’s Parish Church., Pettigo, the contracting parties being Mr. Frank Monaghan. Brookhill, Pettigo, and Miss Evylin McGrath, Carntressy, Pettigo. Mr. Michael. McGrath, brother of the bride, was best man, and Miss Tessie McGrath was bridesmaid. The ceremony, with Nuptial Mass, was performed by Rev P. McCormick, C.C., Pettigo.

21st February 1942. KINLOUGH MAN’S EXPERIENCE. A DAY IN BUNDORAN. At Ballyshannon District Court, Brian McGowan, Kinlough, was charged with being drunk on 27th December and with unlawfully damaging a car. Supt. T. Noonan, prosecuted and Mr. E. P. Condon defended.

Evidence was given that a man from Tullaghan left his motor van on the street in Bundoran. As he was not capable of driving the van that night, the Sergeant took away the ignition key and the man stayed in Bundoran. The van was left on the street all night. On that day Brian McGowan came into Bundoran with a load of potatoes in a donkey cart. He sold the potatoes, and some hours later converted the donkey and cart into cash. He got “gloriously’’ drunk and fell asleep somewhere in the vicinity of the East End. Some boys playing a prank took off his boots and put him in the van. When McGowan awoke he thought he was imprisoned in the van, and not knowing anything of the mechanism of a car—never being in a car in his life—he did not know how to get out. He lifted the starting handle ‘ of the car and smashed the windows. Then he found he could open the van at the back and succeeded in getting out that way. He could not find one of his boots and went home in his bare feet. The defendant, it was stated, paid £2 19s 6d compensation to the owner of the car. Justice O‘Hanrahan remarking that the defendant had paid dearly for his day applied the Probation, Act.

 

21st February 1942. BLACKLION DISTRICT NEWS. The death has occurred in England of Miss Kathleen Murray, formerly of Roo, Blacklion.

There was an equipment inspection on Wednesday and Thursday, nights at meetings of the local Security Force in Barran and Blacklion.

Mrs. Chas. Dolan presided at a meeting of the local Red Cross Branch in Blacklion on Friday evening. Arrangements were in progress for first-aid lectures.

The death of Miss Rose Quinn, which took place at her residence, Dernaseer, Blacklion, at an advanced age, has caused deep regret. Deceased belonged to an old and esteemed family. . The funeral was largely attended. Rev. Francis Shiels officiated in the church and at the graveside.

New concrete streets are replacing the old pavements in Blacklion. The work is a relief scheme in charge of the County Council.

 

21st February 1942. MR. DE VALERA IN CAVAN. PROFITEERING CONDEMNED. Speaking at a Fianna Fail Convention in Cavan on Sunday, Mr. de Valera said —The Fianna Fail Organisation being responsible for the election of the present Government had a special duty to be in the forefront of every national endeavour —in building up the defence forces, and in the production of food and fuel. He recalled that it had been founded as a national organisation, and said he thought it would be admitted that their main political objective had been achieved as far as the 26 Counties were concerned.

“We are a completely sovereign State, but, unfortunately, a portion of our country has been cut off, and until it is reunited to the rest no Nationalist can say that the national objective has been achieved. I think the whole nation is united in that, because the other major party and the Labour Party also agreed.’’ There were those who said that this, that and the other thing would happen when war came, but nothing took place which would not have happened to a completely sovereign State.

In making an appeal for good citizenship in the matter of reporting profiteering to the authorities, Mr. de Valera said he knew that people did not like to report their neighbours, but they must make up their minds to report profiteering. If your neighbour is a decent fellow you should act decently by him, but if your neighbour is profiteering on the community he is not a decent fellow and he does not deserve decent treatment.

One of the things we want most is the assistance of each individual in the community. We can’t have a policeman in every house or an inspector on every doorstep. Already there are far more inspectors than we would like to have. If we want to diminish the number of police or inspectors the quickest and best way is for each individual citizen to be an inspector for the community.

We should see that if there are people who are not decent in the neighbourhood they will not get away with making wealth at the expense of the poor, for that is what it often is.

“NO LEADER BUT DE VALERA.” Rev. T. Maguire, P. P., Newtownbutler, Co. Fermanagh, said, that they across the Border placed their full trust and confidence in the Government in Dublin for their deliverance. They had no leader but Mr. de Valera. The resolutions passed included one asking the Government to use all necessary compulsion short of conscription to ensure that all available young men would be brought into the Defence Forces.

21st February 1942. EXPORTING CHARGE. TWO LEITRIM MEN FINED AT BELLEEK. At Belleek Petty Sessions before Major Dickie, R. M., Bernard Brady and Francis Ferguson, both of Townalick, Rossinver, Co. Leitrim, were charged on remand with being knowingly concerned in the illegal, exportation of 90 21b. loaves, 1 cwt carbide, 61bs. cocoa and l lb. tea at Garrison on January 3 and were each fined £10 and £2 2s costs.

 

21st February 1942. £40 FINE TO REMAIN. NEWTOWNBUTLER MAN S APPEAL. COAL INTENDED FOR EXPORT. A farmer whose house is said to be situated on the very border, appealed at Enniskillen Quarter Sessions against a fine of £40 imposed on him at Newtownbutler Petty Sessions for having, as alleged, harboured 16½ tons of coal which was intended for export to the 26-Counties. In addition to the fine the Resident Magistrate had ordered the confiscation of the coal.

The appellant was William Coffey, Clonmacken, Newtownbutler, and he was represented by Mr. J. B. Murphy, solicitor. After a re-hearing of the evidence (already published in this newspaper) Deputy Judge Ellison, K. C., said that taking appellant’s circumstances into consideration (it had been stated his farm was 26 acres in extent) and the close proximity of his place to the border, he was constrained to take the view that appellant had the coal for an improper purpose. Accordingly he (the Judge), affirmed (the lower court ruling.

Mr. Murphy asked his Honour to consider the amount of the penalty. The forfeiture of the coal was in itself a loss of £64 and this with the £40 fine made the total penalty £104. Did his Honour not consider that justice could be met by the imposition of a smaller penalty. When the fine was imposed, said Mr. Murphy, he R.M. had in his mind decided that the penalty must be such as would deter other people from attempting to export coal. The loss of 16½ tons of coal alone would be a tremendous and sufficient deterrent in a case of the sort, he submitted. He suggested that, a £104 penalty on a 20-acre farmer was really too large in a case of the sort even though, the R.M. wanted, and very properly so, to make an example of him. The loss of 16½ tons of coal to appellant was appalling.

Mr .J. Cooper, D.L., Crown Solicitor, who represented the Customs Authorities, “very strongly” opposed the application for a reduced fine. He suggested that the coal never at any time belonged to appellant but to a Clones resident. People who did this sort of thing took the risk with their eyes open. At the present time, he understood tea was being sold for 16s a pound in Eire and coal was a very high price there too. His Honour had another case in which the appellant had been fined £40. People who got away with fines were prepared to carry on the racket owing to the high profits realised. It was nothing to some of them to lose now and again.

Mr. Murphy said he was able to inform Mr. Cooper that if he went through the town of Clones he would not find a single ton of British coal. In the other case referred to the appellant had a farm of nearly one hundred acres, he did not lose the coal, and he was fined £20. He (Mr. Murphy) thought it no harm, to tell his Honour that in Co. Tyrone, the Judge was rather more lenient and he (the solicitor) thought all the penalties should of a certain sameness.

Mr. Cooper—He could have been fined £500 under -the Act.

His Honour said he could not think that a 26-acre farmer was doing this transaction on his own. It seemed as if he was a catspaw for somebody else and he (the Judge) supposed that somebody else would pay for it. Consequently he could not see his way to grant the reduction asked for.

 

28th February 1942. AMERICAN TOOLS STOLEN. TWO TYRONE MEN RECEIVE JAIL SENTENCE. Magistrate’s Strong Comments at Kesh.

Kesh Courthouse on Tuesday resembled a hardware shop, when a large number of tools were exhibited in a larceny case. The defendants were James E. Maguire, Fivemiletown, and Michael McGinn, Ballynagowan, Clogher, charged with, the larceny of tools from a camp where they were employed on work of national importance. Mr. Smith, for the defendants, entered a plea of guilty. District Inspector Walshe referred in strong terms to the extensive larceny of tools at the camp. The tools had been brought from overseas for use on work of national importance. Sailors’ lives had been risked in bringing them over—and in some cases lives had been lost. He referred to the difficulty of getting replacements, and said that defendants had been employed at good wages and took advantage of their position to steal the tools given them to work with. It amounted to sabotage. Mr. Smith said that as he had entered a plea of guilty he thought it was unnecessary for the District Inspector to go into details,. He said Maguire was a married man with two, children aged 10 and 8½ years. He made a strong appeal for leniency in these cases.

Major Dickie, R. M. said he had been issuing stern warnings in these cases and he had his mind made up. It was .shocking treatment for these people coming to help them. His Worship sentenced each defendant to three months’ imprisonment and to one of the camp officers commented: “I am sorry to apologise for the conduct of my fellow-countrymen.”

 

28th February 1942. PETTIGO NOTES.  The death took .place in Enniskillen Hospital on Friday of Mrs. J. McClelland, Glenagarn, Pettigo. Deceased who was in the prime of life, leaves a husband and four children. The funeral to Tubrid cemetery was one of the largest ever seen in the district. The chief mourners were J. McClelland (husband); John, Edward, James and Robert McClelland (sons). The Rev. J. G. Sandford (rector),  officiated  at the graveside.

On Monday night an enjoyable dance was held in St. Patrick’s Hall, Lettercran proceeds being, in aid of repairs. The music was supplied by Mr. Wm. Baird and Mr. James McGrath, Mr. B. Cunningham being M.C.

Pettigo monthly fair on Friday was one of the briskest held in the village for three years. Prices for good quality animals were enticing. Springing cows and heifers, £20 10s 0d to £35 each; three year old heifers £19 to £21 each; two year olds, £14 to £15 10s 0d; small calves from £4 to £7 10s 0d; young pigs 35/- each.

28th February 1942. NOVELTY FOR FERMANAGH. As will be seen in our advertisement columns a silage mowing film is to be shown in Brookeborough Courthouse on Tuesday night of next week. This film has been made in the Six Counties and includes County Fermanagh farmers making silage. This should be interesting to all farmers as in addition to being the first appearance of this film in the county, silage making is the all-important operation on the farm, in a county with abundance of grass, wet climate and where, milk provides the largest proportion of the farmer’s income, .

 

BLACKLION DISTRICT NEWS. At a bull show for premiums at Brockagh, only two animals were exhibited.

There was a large attendance at a concert on Sunday night under the auspices of the Blacklion G.F.C. A report will appear in our next issue.

Most of the officers and committee were present at a Red Cross branch meeting in Blacklion on Friday evening. A number of members were enrolled.

Despite the difficulty of procuring building material, two new houses have been erected in the district, one for Mr. John McGinley, Belcoo, and the other for Mr. J. Armstrong, Blacklion.

During, the week Messrs. O’Connor and O’Keeffe attended at four centres in the district and distributed tons of seed oats and potatoes to farmers. The prices are 14/- per cwt. for oats, and 4/- per cwt. for potatoes.

There is at present a great demand for horses in the district. Some prices paid by buyers range from £30 to £45, and one animal, the property of Mr. J. McGovern, Loughan, was purchased at £66.

There was a large supply of cattle at Blacklion fair on Monday. Prices were in excess of the quotations of the previous fair, and many sales were effected.

The death of Mr. Patk, McGoldrick, merchant, which took place at his residence, Bealbally, Glangevlin, has caused deep regret over a wide area. Deceased, a prosperous young business man, was very popular in the district. He was a son of the late Mr. Patk. McGoldrick, who was a member of the old District Council and a member of the old Enniskillen Board of Guardians for many years. Deep sympathy is extended to deceased’s young wife, family, brother and sisters, The funeral to St. Patrick’s, Glangevlin, on Wednesday, was the largest seen in the district for many years. Rev. J. McCabe, P.P., who celebrated Requiem Mass, officiated at the graveside.

 

28th February 1942. ROOSTER FOR THE AIR FORCE. IRVINESTOWN MAN IN KESH CASE. Thomas Curley, Irvinestown, was charged at Kesh Petty Sessions, on Tuesday, before Major Dickie, R.M., that being a collector of eggs he obtained eggs from a person other than a producer registered with him for that purpose. He was also charged with obtaining the eggs at a price other than that permitted.

District Inspector Walshe, said that defendant was a licensed collector of eggs and had done wrong to purchase eggs from persons residing in the 26-Counties.

Defendant said that he had obtained the eggs for members of .the King’s forces who were going to England to see their wives.

His Worship — You must not do it.

Defendant—I would not have done it had I known it was any offence. I had them for the troops. 1 came to a very big loss at the same time.

The District Inspector said that defendant had 112 eggs, 8 lbs creamery butter, 11 lbs sugar, 55 hens, three geese, one duck, one rooster, and lost the whole lot.

Defendant said he thought he was doing a good turn purchasing the eggs at a cheaper rate than in the Six Counties.

His Worship—What would an air force man be wanting with a rooster? (laughter).

A fine of 20s was imposed on each summons.

 

DANCING CLASS IN COLLEGIATE SCHOOL. At the January meeting of the County Fermanagh Regional Education Committee Mr. C. McKeown complained of the admission of unauthorised persons to a dancing class held in the Enniskillen Collegiate School. By way of explanation the following letter was received from the Headmistress (Mrs. M. C. Smith M.A.) at the Committee’s monthly meeting on Friday. “In reply to your letter Miss Dobbin did carry on a dancing class at the School under the following circumstances. She was running a class for adults, chiefly former pupils of the School in the Minor Town Hall, but it was so much occupied that she found herself without a room and so asked me if she could carry on here. I have absolute confidence in Miss Dobbin and know that she would not abuse the privilege. It is naturally, important that her classes should pay as travelling from Dublin is expensive. It is to our School’s interest that they should pay otherwise we should lose Miss Dobbin’s services. The class, which was never advertised is not now functioning nor has it done so this term. The class was attended during last term by one or two people from Portora and one or two officers who came for a few lessons. I hope no objection can be taken to this under present circumstances. Miss Catt (proprietor) made herself responsible for the lighting and I have not sent in the bill for this and I shall have to find out the cost.” The explanation was accepted.

 

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.