The Doggart Family Genealogy

John Cahalane ay Dingle Sessions 1868

from our correspondent Dingle Saturday.

These Sessions were held on yesterday, and the presiding magistrates were :- Mr Edward Hussey, chairman, and the Hon. Captain De Moylens.
The cases on the book for hearing were of the ordinary character and presented no feature of public interest, with the exception of a case at the suit of William Collier, of Dingle, against John Cahalane, of Ballinvounig, for that he "did, on the 6th instant, in the Dingle Butter Market, sell to complainant a firkin of butter, saying it was all right, and when stripped by complainant he found it to have been fraudulently made up by defendant, he well knowing he was committing a gross fraud on the complainant when selling same."

William Collier sworn- On Monday, the 6th inst., I happened to meet the defendant and his father when going into the butter market, they having two firkins of butter in a cart; the father asked me to buy his firkin, its weight being 3 qrs. 7los,?, which I did at three guineas; the son then told me to buy the other firkin; not having my harrier with me at the time I stuck a pencil down in it, and found the top to be quite fresh and of good quality; I said "is the entire firkin like the top" and he says "all right;" on these conditions, and believing he was telling the naked truth, I bought the firkin for £3, and marked it No, 12; on the following day I got a cooper to trim the butter before sending it away, but when young Cahalane's firkin was stripped I found about the two-thirds of it to be of a very inferior quality, and not fit for human food; the fact is, I have never before seen such a fraudulently made up firkin of butter-such rotten stuff as it contained.

Captain de Moyleyns - Where is the firkin now?

Witness - It is in a certain seaport town in the United Kingdom, your worship.

Captain de Moylens - You bought it, you stripped it, you tested it, and yet you sent it away?

Witness - I did, your worship, but I wrote off by the next post to the party on whom the butter was consigned, ordering him to select out the firkin marked No, 12 fearing it may prejudice the rest of the butter, and disgrace out market.

Chairman - You had no right to send this firkin away if you intended to bring this charge against the man.

Mr Collier explained to the court that the firkin had escaped his notice at the time the butter was being sent away, but that as soon as he had discovered his mistake he wrote off by the next post, as already remarked.

John Cahalane, defendant, sworn - My firkin could not be so bad, as stated by Mr Collier, and I did not see him marking it at all before I had turned it into his yard.

Chairman - Could there be any mistake, or have you any doubt on your mind as to the right firkin?

Mr Collier - Not the slightest doubt; your worship, for the very minute after having bought it I marked it "No 12"

Thomas Cahalane (defendant's father) sworn - On last Monday week, when on my way to the butter market, I met one of the Tralee buyers, who asked me what did I want for the two firkins; I said £3 6s a piece; he said, "say guineas;" I said I would not, and then he went away; on my oath he made no remark after having bought them, or found no fault with any of the firkins above the others.

Catherine Walsh, sworn - I am the mother-in-law of the defendant in this case; I have been making butter for the last thirty years; I am well able to handle it as any woman belonging to you (addressing the plaintiff with a clenched fist); by the virtue of my oath, I did not commit any fraud when filling that firkin - it was as hard as that table; I will go to you, Mr Hussey, as a dairywoman next year, to have a trial of me (laughter).

John Kennedy, cooper, sworn - I recollect Tuesday, the 7th inst., trimming a firkin of butter.

Captain de Moyleyns - You are no maker of butter, therefore, you could be no judge of it; you only make the empty firkins.

Batt. Lynch, sworn - Was present when the cooper was heading and trimming the butter, about one-half of it was very hard, and seemed to have been fraudulently made up.

Mr Benner contended that that was no fraud, inasmuch as the butter-buyer had a right to bore Cahalane's firkin and test its quality, and having neglected doing so, he had no remedy. Supposing, added Mr Benner, a farmer carried several firkins of butter of different qulities to the Cork butter market or weighhouse, and that one of them, on being tested, turned out to be of a very inferior quality, or what is commonly called a "bishop" would the farmer in that case be carried to a magistrate and be liable to be charged with fraud?

Mr Collier said if their worships would adjourn the case until next court day, he would engage to have the firkin in court.

The case was then adjourned until that day three weeks so as to give Mr Collier an opportunity of being better prepared to sustain the charge against the defendant.

John Cahalane again at Dingle Sessions 1868

Dingle Petty Sessions - Friday

These sessions were held on Friday before Mr E.D.Stokes, chairman; Hon Captain de Moleyns, and Mr T.J.Cruise, R.M.

The case of William Collier v John Cahalan, in which the defendant was charged with the fraudulent sale of a firkin of butter to the complainant, was resumed.

...(summary of previous day) ...

Several parties, for and against, were examined, one of whom, John Reardon, weighmaster at the butter market, proved that the lower part of the firkin was more like tallow than butter.
The defendant's father deposed that a man named Nolan had bored the two firkins, his own and his son's, and that he found no fault with them.
The Chairman asked Mr Collier what was the nett proceeds of the firkin after all expenses?

Mr Collier (after consulting his return of the lot to which the said firkin belonged) - £2 10s, your worship.

Chairman - What was the average price per firkin of the entire lot, not including the bad firkins?

Mr Collier - About £3 11s.

Mr Bremner contended that there was no fraud committed on the part of his client - that it was the duty of Mr Collier, as the butter buyer, to have tested the quality of the butter, and having failed to do so, he had now no remedy.

Mr Patrick Grey, butter buyer, Dingle, deposed that he had bored the firkin in question, and that the lower part of it was of an inferior quality.

Mr Dan. Moynihan, butter buyer, Dingle, deposed that he was buying the father's firkin, but declined to buy the son's at all - not suspecting that it was bad in the bottom, but fearing that the shell or timber of it was too weighty.

The Chairman, in giving the decision of the court, said - After hearing the evidence at both sides, and having paid it our most serious attention, we find that a fraud has been committed on the plaintiff. Therefore our decision is - that the defendant forfeit the price of said firkin of butter - which goes to Mr Collier, and in addition thereto, he is fined a pound. I should think that the public and the trade in particular, ought to feel thankful to Mr Collier for bringing this case forward in the manner he has done. As far as we are concerned we are determined to check fraud under such circumstances, in the district of Dingle.

Letter to newspaper about John Cahillane butter fraud case

Cork Examiner 15 Aug 1868

Collier v. Cahillane

To the Editor of the Cork Examiner
Dingle 13 Aug 1868

Sir, - I read a report, in your paper of the 11th inst., of the above case, and in giving the evidence of the complainant, it purports to say that the firkin of butter was fraudulently made, "being filled for the greater part with a worthless compound of butter and grease, covered with a veneer of pure butter."

I beg to say that such a version of his evidence is quite incorrect. He stated a portion of it was bad butter, but nothing that justifies the above version.

I called on your correspondent here, and he denies distinctly having forwarded any such report, ad cannot account how such a gross error could have been inserted. As the case is now pending before another tribunal, I will feel much obliged by your acknowledging this error.

Such appearing in so respectable a paper as the Cork Examiner would inflict a great wrong on the defendant, and may prejudice him in obtaining the redress which he conceives he is entitled to.

In giving reports of this description, it would be better to take the evidence as furnished by your correspondent, who, being free from predudice for either party, will give it correctly.

The fact of the firkin of butter producing £2 11s clear of expenses, in the Liverpool market, where, it may be presumed, it was bored and examined, will show it was not so very bad as attempted to be represented. The butter may be of inferior quality, but that would not constitute it fraudulent.

Trusting you will insert this at your earliest convenience.

I remain, sir, your obedient servant,
ARTHUR BENNER, Attorney.
[The report as furnished was condensed, no other alteration having been made in it]