The Doggart Family Genealogy

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.