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Gortin Petty Sessions, Co. Tyrone, April 1868

Extracted from the Tyrone Constitution April 24, 1868
Transcribed, compiled and submitted by Len Swindley, Melbourne, Australia

These Sessions were held on Friday the 17th instant, before MAJOR COLE HAMILTON (chairman), and MAJOR FRANCIS ELLIS. In consequence of there having been no Petty Sessions held last month a more than usual amount of business had to be disposed of. There were 117 cases entered for hearing, and as it was known that a number of important cases were to be heard a very large number attended the Court. Amongst those we noticed Messrs JOHN McFARLAND, Letterbratt; JOHN CONON, M.D., Plumbridge; DANIEL McKELVEY, Dunbunraver; ROBERT McKELVEY, Trenamadan; WM. JAMES ROBINSON, C.E., Meenaduff; ALEXANDER DUNCAN, Eden; SAMUEL McFARLAND, P.M., Gortin, &c., &c.

THOMAS HOGBEN ESQ., Sub-Inspector of Newtownstewart, attended to watch proceedings in cases prosecuted by the constabulary.

On the recommendation of the justices the cases of JOHN McCULLAGH, of Liscable, against DANIEL McGOLDRICK, JUN., of same; MARY McGLINN, of Drumnaspeer, against HUGH McKINNEY, of Landahussy; and a cross charge of HUGH McKINNEY against MARY McGLINN, for assault and forcible possession, were withdrawn; the parties agreeing to leave all matters in dispute to JOHN McFARLAND, ESQ., of Letterbratt, the agent to the property in question.

Sub-constable MICHAEL O’CONNOR, charged JOHN HYNES, of Newtownstewart, with being drunk on Gortin street, on the 12th February last. Fined 1 shilling and costs.

CONSTABLE THOMAS NIXON of Gortin, charged ELIZA JANE LEONARD with being drunk on Gortin street on the 19th February last; and for being drunk and disorderly on Gortin Street on the night of the 1st April. Fined 5 shillings and costs in each case, or one week in gaol.

Same complainant charged MICHAEL McCROREY, of Liggins, and PATRICK McBRIEN of Beltrim, with drunkenness. Fined 1 shilling and costs each and 24 hours’ imprisonment.

SUB-CONSTABLE ROBERT THOMPSON charged FRANCIS CONWAY, Glenmacoffer, with like offence. Like rule.

The case of CATHERINE KIRK against JOHN BALLANTINE of Landahussy was withdrawn.

MR. SCOTT, Inspector of Fishery, prosecuted WM. STARK of Derbrough, for that the defendant was found, in the river Glenelly making use of a net on 2nd January last, for the purpose of catching fish. ROBERT WILSON, ESQ., Strabane, attended on behalf of the Conservators to prosecute in this and other cases of illegal fishing. Stark was fined £1 and costs, or in default 14 days in gaol. He adopted the alternative of going to gaol.

Same complainant charged GEORGE STARKE with like offence. Like rule. Same defendant was charged with like offence on 21st February. Fined in £2 and costs, or one month’s imprisonment with hard labour. [No. 2 to take effect at the expiration of No. 1]. Same defendant was charged with like offence on the 23rd January. Dismissed.

Same complainant charged JAMES STEWART, of Derbrough, with like offence on the 21st January. Fined £1, or 14 days’ imprisonment; fine paid. Same defendant charged with like offence on the 23 rd January. Dismissed. And charge for 20th January also.

JAMES DOHERTY, of Glenrone, charged BERNARD McGILLION of same place, with assaulting him with a spade at Glenrone, on the 24th of last month. Mr. McGillion had a cross charge. It would appear that Doherty, in order to get rid of some superfluous and injurious water from his side of the fence, made an opening in the dyke, by which McGillion’s land on the other side was flooded, and while this process was going on Doherty dared McGillion to stop him. This however was too much for a man of McGillion’s temperament; he immediately accepted the challenge. They got into holds, by which both came to the ground, with Doherty undermost, who received a contused wound to the face. Doherty contended that he was assaulted with a spade. This was not corroborated however by a disinterested person who was present. After a great deal of oratory on both sides, the magistrate dismissed both cause and cross cause, which satisfied both parties.

After a number of wages, trespass, and process cases had been disposed of, CONSTABLE JOHN NEILL, of Glenrone Police Station, charged PATRICK DUFFY, of Goles, with being in a certain place, i.e. Goles, Parish of Upper Badoney, where illicit distillation was being carried on. THOMAS HOGBEN, ESQ., conducted the prosecution. Duffy appeared under recognizance, he having been arrested at the still house, and bail accepted for his appearance at petty sessions. He was fined £100, mitigated to £6, or three months’ imprisonment. He accepted the alternative of going to gaol.

The Guardians of Gortin Union prosecuted a number of parties, under the Vaccination Act, 26th and 27th Vic., chap. 52, who were fined small sums and costs.

SUB-CONSTABLE REILLY, of Gortin, charged ROBERT BURNETT of Omagh, with being drunk on Gortin street, on the 1st April. Fined 2 shillings and 6 pence and costs or 24 hours in gaol.

THOMAS C. DICKIE, ESQ., appeared to prosecute WM. FITZMAURICE, ESQ., for a breach of the Game Act. – The charge was that he (Mr. Fitzmaurice) did, on the 22nd November last, at Glencoppagagh, in the county of Tyrone, go and enter upon the said lands to look for and shoot game, not being then and there at all authorised. Mr. Fitzmaurice was charged with a second offence on the 21st November for trespass in pursuit of game. JAMES McCULLAGH who is in occupation of the lands where it was alleged that Mr. Fitzmaurice was found, was examined by Mr. Dickie, and cross-examined by Mr. Wilson, who was for the defence, and who made it appear that there is at Glencoppagagh, a large undivided mountain held in common by a number of farmers, some of whom lately gave permission to Mr. Fitzmaurice to shoot over their grounds. JAMES McCullagh, the witness, clearly proved that the trespass was committed on his grounds, and that he gave no such permission. The magistrates, after a short consultation, fined Mr. Fitzmaurice £2 in each case.

CONSTABLE WILSON WEIR, of Mountfield Police Station, summoned a number of persons for having in their possession unlicensed dogs. As many of the parties gave notice of their having no license for their dogs, they were fined 1 shilling and costs, and ordered to take out licenses.

JOHN CONAN, ESQ., M.D., and Registrar of the Plumbridge district, summoned PATRICK McCULLAGH, of Glencoppagagh, and DANIEL SINCLAIR, of Tullaheim, the former for neglecting to register the death of his mother, and the latter for neglecting to register of the birth of his child. McCullagh was fined in 6 pence and costs; in the latter case, service of summons not proved.

THOMAS A. HOPE, ESQ., of Liverpool, against JAS. McCULLAGH, JUN., of Sawelbeg – for that the defendant was found in the Mountain of Glenlark, trespassing in pursuit of game, on the 3rd March of last. The father of McCullagh having proved that he was gone to America the case was subsequently dropped.

The court rose shortly before six o’clock.