The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-08-17 00:00:00

TIPPERARY SUMItER ASSIZES.

Noungh, July 2S, 1858.
Porearlington and oilieve v. Manfieki and (*Ayr'.

- - _
(Before Lord Chief Justice MONAHAN and a common
Jury.)

(From Ties Notion, Dublin Paper.)
This ease caused a great mount of interest, PA well to
the public generally as to the parties immediately con-
cerned. The defendant, Mr. Mantleld, it may be neces-
sary to elate, is an English gentleman, living at Dor-
cheater ; he is the owner of considerable property in
Rosen's, • kind and Indulgent landlord, together with
being • considerate and humane gentleman. His title
to his property is a fee farm grant, made by Lord Dor-
cheeter,, an ancestor of the prinoipal plaintiff. It I. sub-
ject to • yearly rent of £5O Irish- •46 3a. ld present
currency. For several years, since the oomumenoement
of the famine, Mr. Manfield has not pressed his tenants,
merely re ,airing them to satisfy tire head rent, which
they continued to do for several years. The parties who
manage the Darner estate there, through neglect or
design, or both, neither looked for or demanded the
head rent until • sumo of L'2o3 became due; then, with
what intentions it le easy to opine, they all at ono'
apply to the tenants individually for the nos, fancying,
probably, that elicuild they try an ejectment, Mr. Mow
field, living in a distant part of England, would neglect
to defend los right. It VI PS ormihtioned in the greet
that if aufficient distress could nut be found oil the
premise', that the granter and his heirs had a right of
re-entry, and to hold until the arrears should be Natio
fled. When it was proved, as will be seen by the sulm-
joined report of the trial, that property to the amount of
tilooiand4 of pounds could at any time be made avail.
Able for the discharge of the rent reserved, it lea matter
of no little surprise that swill a ease should have ever
been attempted.
The first witness called was Robert S. Palmer, Esq.
He wss examined by Mr. Rolleston, Q.C., and stated
that he 111 the receiver of the Portarlington estates; that
he was appointed in room of the late John godlier, Esq.,
by the Engliali Court of Chancery; hat on the 17th
February In the present year, he wait, acoompenled by
Mr. William ginallunin, of Room', to the different
houtes on that part of Mr. Masashi's property eitueted
In the town, for the porpoise of making a formal d.•
wand of the arrears, and with a view of ascertaining
whether there was sufficient dtatreu to be had ; the
houses were a lot of tumbled down cabins ; he stated
also that as for any distress that could be made, he
believed it quit* out of the question.
Mr, William Pigott gave evidence to the same effect.
Mr. William !biennia:l, another assistant agent, also
gave similar teetimony,
Cross-examined by Mr. Walsh, Q.C. : Did not go into
Mr. Kirwan's privet, house, the door was shut; did not
knock at it; did not go into his yard, oow-housee,
stables, ike. ; made no attempt to do it; does not
know but iher• were a thousand pounds' worth of pro-
tarty in Mr. Kirwan's privet* moose; Mr. Kirwan bas
three houses on Mr. Msnfield's property; did not, in
fact, during his search for & dietress enter into any of
the out-offloes or yard attached to those houses.
Mr. Armstrong, Q,C.. called on the Court to non
-
suit the plaintiffs on mayoral legal and technioal grounds.
Hu Lordship oonaidered it better to hear the evidvnee
on the part* of the defendante now, but at the none time
took notes if the objection.
The learned counsel then stated the defendanta case.
Time OLIO he had for tile clients would extinguish the
plaintiffs. If time intentions of the plaintiffs or their
agents were honest, they could, with the greatest ease
Imaginable, have collected their head rent ; had they
used the most ordinary dilligence they could have got
the amount due year after year with facility. Instead of
the tenants being, as was sworn by the plaintiffs wit-
nesses to he povertyatrickeu creatures, there was not in
the town more comfortable people, whilst some of them
were absolutely persons of wealth and independence.
One of them, Mr. Kirwan, is a wealthy pownbroker,
and keeps • large ready-inade clothing establishment.
He had two houses of business and • private house ;
keeps a jaunting oar and gig for the use of himself and
several others woo have been designated by
this English agent and his assistants as miserable
paupers, would be produced before them, and then the
jury could judge as to the amount of veracity contained
in the swearing of the witnesses for plaintiff. One of
them, Mr. Pigott, tells she jury thot he ia well ac-
quainted with the premises, and swears that he does not
know of • single slated house on the property. It
would be proved beyond the possibility of doubt by
several witnesses that there is not one thatched house on
it. This is really monstrous. Time tmroperty ia situated
not in an obscure lane or alley, but m Rosemary-street,
one of the greatest thoroughfares in the town of Roo-
ores, and in all likelihood is well known by some of the
gentlemen of the jury.
Mr. E. Kirwan proved that in his ready-made cloth-
ing department there were six or seven hundred pounds
worth of goods, and that in his pawn office he had over
eleven hundred pounds lent on deposits. He also proved
that at his private residence his furniture, horses, fie.,
were value for t:300. The next witness was Mr. Fanning,
who stated that he recollected the 12th February last,
the day that Mr. Palmer and Mr. Sinallinan came to him
to demand arrears.
Mr. Walsh: What is your present stock?
Witness: About £270. _

Did you on the 17th of February say to Mr. Small
-
man that you would give him all you had for F 25, or
that all you had was not worth £25, or make use of
words to that effect

Witness : Certainly not.
Cross-examined by Mr. Lynch : On your solemn with
did you say to Mr. finiallinen that you would give
anion bad for £ll5l
Witness (emphatically): I deny it.
Court: You may go clown, Mr. Fanning.
The next witnese was being called, when the jury con-
ferred for a few moments, and then communicated to his
Lordship that they had heard quite enough of the (lithe,
that it was not necessary to examine any other witnese.
They immediately found for the defendants.
The result of this trial appeared to give touch plosion)
to a crowded mutt, _ .

-----
Counsel for the plaintlff—Meuts. RoHeston., Lynch,
and Tandy. Agents—Messrs, Garde and Atkidson.
Fur the defendante-246sers. Armstrong, Walsh, and
Owen. Agenti—Mr. E. F. Stapleton and lir. F.
Shipyard.