Catherine Gilroy [34663]
- Born: Bef 1844
- Marriage: Michael Macaveney [34662] in 1859 in Hartley District, New South Wales
- Died: After 1900
Noted events in her life were:
• Court: Police Court, 1900 Sep 21. 1 Police Court. (1900, September 21). Bathurst Free Press and Mining Journal (NSW : 1851-1904), p. 2. Retrieved June 27, 2011, from <http://nla.gov.au/nla.news-article63869295> Police Court- FRIDAY, September 21st, 1900. (Before the Police Magistrate.) Summons Case A NEIGHBOR'S QUARREL James McAveney v. Rachel O'Shea. \emdash Defendant was charged with using abusive language towards complainant whereby a breach of the peace might have been occasioned. Mr. Kenny appeared for complainant, Mr. Mc- Intosh for defendant. Complainant deposed that on Saturday evening he saw Mrs. O'Shea at his mother's door ; she was complaining to mother about her boy having been bitten by a dog ; she said that when father was alive she was not allowed to keep a dog because it rushed at him ; she said she would take the boy to Constable Sheehey and see what could be done ; witness told her to go home and to "get " '; she went into the street and used the language com- plained of and a great deal more ; witness's mother and sister and Mrs Jaques were present ; witness afterwards' walked towards his home, which is in the direction of defendant's house ; she said she would give the --- dog a bait and give witness a \emdash \emdash \emdash bait as well ; witness said he had no doubt she would ; Mrs. O'Shea seemed very excited and angry ; witness did or said nothing to her ; his mother told witness to go inside and have nothing more to say to the woman ; she then began her abuse ; after witness got to his own home she stood at the fence in the street and continued the language , witness closed the door but could hear her; there was no one in Devonshire street at the time. To Mr. Mclntosh : Did not see either Mrs. Wasson or Mrs. Walsh in Lambert-street; will swear they were , not within 20 yards ; while defendant was talking to mother I did not call out in a loud tone ' None of your ------ capers here '; while she was abusing me I went on to the footpath to go home as I did not want mother and sister to hear her language. To Mr. Kenny ; She made reference to my child- ren in a very Insulting way. Catherine McAveney, widow, deposed that her sun was at her place while Mrs. O'Shea was com- plaining of a dog ; complainant told her to ' get ;' she went into the street and used some offensive language, and then said, ' If you are a red-headed Irish navvy you will mot trample on me.' To Mr. McIntosh : Mrs. O'Shea was talking calmly enough while I was there ; it was after her reference to the dog that my son ordered her off ; he said nothing to her about her ---- capers. Emily Jaques, married woman of Torch-street, deposed that she was at MaAviney's on Saturday ; Mrs. O'Shea called her to the fence and complained of the dog ; she went away, and subsequently wit- ness saw her at Mrs. McAviney's, senior ; she heard her use the language complained of while there ; McAviney returned home, and Mrs. O'Shea came up and repeated the language ; all witness heard McAviney say was in reply to her threat to give the dog a bait; he said he had no doubt she would ; Mrs. O'Shea appeared to be in a great temper. Hetty McAvlney, complainant's sister, deposed to opening the door to Mrs. O'Shea. Sho heard her use the objectionable language, and all her brother said to her was ' get.' Mr Mclntosh asked if the evidence was sufficiently strong to support the information. He quoted cases in the law reports where it was shown that it was necessary to prove that the language was sufficient to irritate complainant that he would possibly assault defendant. If the language was used the information should have been for obscene language, Evidence showed that there was a fence between the parties when the language was used, and com- plainant could have gone into his house. Mr. Kenny replied that his worship must judge whether the language was not sufficient to provoke a breach of the peace. Defendant, no doubt, had no thought of the consequences when she used the language. The Police Magistrate said the case must go on. For the defence. Rachael O'Shea, wife of John O'Shea, engine driver, deposed that while she was talking to Miss McAveney her mother came to the door ; com- plainant came up at the samo time and in an offensive manner told her to get and have none of her capers ; she went on to the footpath and was walking home when complainant followed her and in an insulting manner continued to tell her to get home ; witness asked him what right he had to order her off the footpath ; as he continued it she. told him that he was a coward and if she was a man he would not do it ; she became angry and called him a red headed Irish navvy ; he then pushed her ; two friends \emdash Mrs. Wasson and Mrs. Walsh \emdash accom- panied her to McAviney's and waited for her in the street ; after complainant went to his home, she went into the street to them ; she denied positively having used the language in the information. To Mr. Kenny : I have not told, any one that I have not a bad temper ; I was put out on Saturday through the dog biting the Child and I could not get any satisfaction ; it is enough to put a woman out when she is ordered by a big red-headed navvy to leave the footpath ; I daid nothing about giving the dog or him a bait ; I am telling the truth, but will not say whether the others are. Dinah Walsh, married woman, living with her hushdnd in Devonshire-street, deposed tha she and Mrs. Wnason accompanied Mrs. O'Shea to Mrs. McAverney's, and while Mrs. O'Shea was at tho door they waited in the middle of the street ; when com- plainant came out he told Mrs. O'Shea to got out with her ---- capers; Mrs. O'Shea did not use the disgusting language mentioned in the information. Edith Wasson, another neighbor, gave corrobo- rative evidence. The Police Magistrate ordered defendant to pay a fine of 40s, together with court costs 4s 10d, wit- ness's expenses 19s, nnd 21s professional expenses. A SAVAGE DOG. Rachael O'Shea v Catherine McAviney. \emdash Defen- dant was charged with being the owner of a dog which attacked Albert O'Connor, the adopted son of complainant, whereby the limbs of the lad were endangered. Mr. Mclntosh appeared for complainant and Mr. Kenny for defendant. Complainant deposed that the lad was ten years of age; in. July last a dog owned by defendant attacked the lad; it was not a seribus bite and the lad was not crippled; he was very frightened but was able to move about afterwards ; on Saturday the dog bit the lad again and witness went to complain about it when she had some words with McAveney ; the lad was not teasing the dog. To Mr. Kenny : I have complained of the dog to Mrs. McAviney ; heard that they wore going to summon me for using bad language, but I would have summoned them for the dog before this; did not know the lad is in the habit of throwing stones at the dog. Albert O'Connor deposed that the dog bit him soon after the snow ; it frightened him, but he was not badly hurt ; had seen the dog since and on Saturday it bit him again. To Mr. Kenny : I do not tease the dog ; have not been in Mrs. Aviney's yard ; have becu in the pad- dock but have not seen the dog there ; Edith Wasson deposed that she had seen the dog bite the boy three times ; the dog had rushed at her and was savage. For the defence Catherine McAviney deposed that she did not own a dog, but one was always on the premises ; the dog followed her son to the cemetery and was from home all day Saturday ; the boys used to tease the dog ; it would not bite any one unless it was teased ; Mrs O'Shea had never complained of the dog. Hetty McAviney, daughter, deposed that the dog was not home on Saturday; she had not pelted stones at it for running at any one. Emily Jaques deposed that on Saturday night Mrs. O'Shea asked her if McAverney's had a. terrier dog, as her son had been bitten by one ; witness - told her McAviney's dog was not a, terrier, but Evans had a terrrier. The Police Magistrate indicted a fine of 20s, with court costs 4s 10d and proffessional expenses 21s.
Catherine married Michael Macaveney [34662] [MRIN: 13031] in 1859 in Hartley District, New South Wales. (Michael Macaveney [34662] was born before 1844.)
Noted events in their marriage were:
• Registration: Marriage, 1859, Hartley District, New South Wales. 2 2024/1859 MCAVENEY, MICHAEL GILROY, CATHERINE HARTLEY
|