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Details of Legal Case 1898 or thereabouts

  • 25-08-2017 3:06pm
    #1
    Registered Users, Registered Users 2 Posts: 798 ✭✭✭


    Hi everyone,

    Could someone please direct me to where I could locate detailed details (not just the names of the plaintiff, defendant and the outcome) of a libel trial that took place some time between 1898 and 1900 or so.

    Its Bowman v Buckley (Limerick Leader) and Bowman was awarded £40 if I recall correctly.

    If this should be in the History section, please feel free to move.

    Thanks in advance.


Comments

  • Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    this any good to you? Starts on page 2

    link is a PDF

    http://www.limerickcity.ie/media/bruff%20agitation%201.pdf


  • Registered Users, Registered Users 2 Posts: 798 ✭✭✭Bicycle


    Oh No Not gmail, thanks.

    I have that article plus all of Dermot McEvoy's pieces. I also have some articles I sourced from the Limerick Leader using the bibliography in that article you linked to, as a basis for my search.

    Its just details of the case itself I would be interested in. Apparently Buckley was a fervent nationalist and saw the introduction of a National school system as a threat to Irish culture and self-determinism. He and others believed that those working for the national school system were in effect agents of the crown and anti-Irish nationalism.

    Bowman had to be rescued by the RIC and taken from Bruff for his own safety. He sued Buckley, and by default The Leader, because of libellous remarks made in the paper. The judgement was in favour of Bowman and as mentioned, he was awarded £40 or so (I can't remember exactly).

    At some stage I will do a search in the Limerick Leader for the articles written by Buckley (they are on film in the Local History Section of Limerick Leader) but I'm not sure where or if I can find details of the case itself.


  • Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    I think the only place you will the info you want is in the limerick leader itself. i would be surprised if there was a written judgement.


  • Registered Users, Registered Users 2 Posts: 798 ✭✭✭Bicycle


    Thank you again.


  • Registered Users, Registered Users 2 Posts: 798 ✭✭✭Bicycle


    Would you believe, seconds after I thanked you I did another google - just for the sake of it - and found details of the case in a transcript of a newspaper article.

    I have searched so many times for this and never found it.

    I'm a happy lady. :)


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  • Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    Bicycle wrote: »
    Would you believe, seconds after I thanked you I did another google - just for the sake of it - and found details of the case in a transcript of a newspaper article.

    I have searched so many times for this and never found it.

    I'm a happy lady. :)

    do you have a link? sounds like an interesting case.


  • Registered Users, Registered Users 2 Posts: 798 ✭✭✭Bicycle


    This is what I have (taken from www.moyvane.com/knockanure-notes-4th-june-2017)

    Irish Examiner 1841-current, Friday, June 10, 1898; Page: 6
    THE BRUFF SCHOOL.

    ATTACK AGAINST THE “LIMERICK LEADER.” Dublin, Thursday. To-day in the Nisi Prius Court No. 1. before Mr .Justice O’Brien and a special jury, the hearing was commenced of Thomas Bowman v. Jeremiah Buckley. The plaintiff was a school-master, qualified under the National Education Board, and he brought the action against the defendant as proprietor of the ‘”Limerick Leader” to recover damages laid at £500 for libels published in that paper. The defendant traversed the course of action generally, and pleaded fair comment. Counsel for the plaintiff –the MacDermott Q. C; Mr Seymour Bushe. Q C. and M C P Doyle (instructed by Mr James Doyle. Counsel for the defendant- Mr F L O’Shaughnessy, Q C; Mr. J H Campbell, Q C, and Mr J Powell.

    The MacDermott , Q C, stated the plaintiff’s case. He said that he had been a teacher at Cappamore , and in the month of November 1897, the school of Bruff became vacant It had up to the 23rd September, 1897, been taught by the Christian Brothers, who then retired. The parish priest of Bruff was the Rev Dean Cussen, who was anxious to have good primary education for the poor children of his parish. He built the school , and he entered into an agreement with the Christian Brothers that they should teach the children on certain terms. Those terms were that they Should always have at least two teachers there, they were to receive £60 a year, and in addition £30 a year for a lay brother as distinguished from a school brother. A controversy arose the merits or demerits of which of which in his judgment were wholly foreign to the controversy which they had to try. Mr Bowman the plaintiff, had nothing whatever to do with that controversy between the ecclesiastical authorities of Limerick and the Christian Brothers. The Bruff school thus became vacant , and plaintiff was appointed from amongst a number of candidates. The Limerick Leader” then commenced a series of violent attacks on Mr Bowman. The first article was published on the 26th November, 1897, as follows—” If they (meaning the Christian Brothers) ” be not recalled, this much may at all events , be taken for granted, that the strong men of Bruff , backed by this journal will make, as we have already hinted, the lives of the grabbers of the evicted Brothers schools a hell upon earth.” The following article was published on the 1st December , 1897—” It was Father M’Namara’s intention to open the evicted Schools on yesterday, a brand new teacher named Bowman or No-Man having been somehow or other secured to take the place of the pious Brothers, but the sterling men and women of brave and faithful Bruff trooped in their hundreds to the spot, and put—well, in homely Celtic parlance—they put the kibaush on the Very Rev gentleman’s little plan and the school did not open. (See paper for more details)

    I will try to access the Cork Examiner to get more details of the case in the coming weeks.

    Now it would appear that Mr Buckley wasn't unfamiliar with libel cases as demonstrated below (https://northkerry.wordpress.com/2017/05/27/papers-search-court-in-kerry/):

    Irish Examiner 1841-current, Saturday, December 11, 1897; Page: 7

    A CLAEE LIBEL SUIT

    Dublin, Friday.

    To-day in Nisi Prius Court No 2, before Mr Justice Gibson and a special jury, a case came on of Frost v. Buckley.

    The plaintiff, Mr John Frost, of Clinmoney, Bunratty, in the county of Clare, an owner of land, and also coroner for the division, sought damages laid at £2,000 from Mr Jeremiah Buckley, the registered proprietor of the -Limerick Leader, for alleged libeis. One of these, contained in a publication of the 28th June Last, was as follows : —” It is but a few weeks since a whole family of respectable and industrious people was evicted within eight miles of the city of Limerick. A “‘Leader represented has unearthed, some facts connected with the case, which goes to show that the landlord (meaning the plaintiff) has an insatiable thirst for gold. He is in his own small dependent way a Shylock, a man who insists upon the terms of his bond with callous indifference to the sufferings of his victims. This Shylock is one Coroner John Frost, residing at Clonmoney, Bunratty, county Clare, and the victims of his avarice, the Hanley family, who held from him a farm which is situate in the same county at Derrymore, Kilkeshin. The farm contains 80 acres (Irish), the valuation of which is £80, and the judicial rent paid so far back as 1881, £90. The Hanleys have been in possession of the farm for over a century, and during their connection with the place spent an enormous amount of money in improvements. About five weeks ago the present family of the Hanleys were evicted by the Sheriff, because they were unable out of the produce of the farm to pay the rent, which is unquestionably too high, having regard to the prices current for agricultural commodities. Two policemen and an emergency man are now in possession, and if the people of the Banner County are worthy of their reputation as sterling Nationalists they will rally to aid of evicted and agitate for their restoration to the homes of their ancestors. Coroner Frost, unlike men of Smith-Barry’s financial position, cannot afford to wage war with his tenants, and if they and their neighbours have but the courage to try conclusions with him the chances are he will, and that in a very short, time seek a truce and arrive at an amicable settlement with the Hanleys. It ill becomes this would be aristocrat to enforce tyrannical sway over his unfortunate tenants. If he were not

    bloated with new-born pride he might remember his own mother was the victim of landlord exaction, and that she was driven off the D’Esterre estate in the early days of the land war. Frost sprung from the people. If he had sense he would stand by them and arrange a settlement with the Hanleys. But he seems prepared to sever his connection with democracy and to seek more congenial society in the company of the aristocracy.” The article further stated, as plaintiff understood it, that he had made a fraudulent and unfounded claim for compensation for a sheep, his property, which had suddenly died on the evicted farm. (small details continued in article)


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