Castletownbere Petty Sessions, Co. Cork, October 1839, Timothy O’Donovan JP of O’Donovan’s Cove, Durrus. Seeks to Ensure the Rule of Law is Adhered to.
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Tomothy O’Donovan was one of the first Catholics appointed as a Magistrate in Co. Cork in the early 19th century.
Southern Report from Cork Commercial Courier dated the 17th October, 1839:
Controversy at Castletownbere Petty Sessions Court – On Monday the Court opened at ten o’clock with the following Magistrates:
J.G. Jones
Richard H. Beecher
H. Townsend
Samuel Hutchins
Timothy O’Donovan of Donovan’s Cove
J.G. Jones in the chair
Mr. O’Donovan addressed the Court and said he felt reluctant to interfere in matters of local jurisdiction out of his own district, yet as a Magistrate of longstanding in the county of Cork he felt bound to protest against certain proceedings of two or three Magistrates assembled here on Saturday last, when it establishes a precedent would, in his opinion, not only lead to confusion and discord but by bringing the magistracy into collision tend to frustrate and mar the object with which these gentlemen professed to have a view, the better and more effective administration of justice. The question was had the resident Magistrate attending or Magistrates the right to dismiss the Clerk of the Petty Sessions in his own particular district?
It was not his wish to use any word or expression which could possibly give offence to the respected individuals alluded to, but to say the least it appeared to him that both novel and uncourteous were Magistrates residing at a distance and attending to their duties of Magistrates in their own respective districts to interfere in either the selection or dismissal of a Clerk of Petty Sessions who appear to be at variance with or obnoxious to the resident in attending Magistrates of the district in which these gentlemen were not connected by property or influence.
He would put it in his own good feeling as Magistrates and gentlemen whether is was fair under the circumstances to constitute themselves a tribute to investigate and decide upon any difference that may arise between a resident Magistrate and Clerk of the Crown or other district?
He would expect that these gentlemen would admit that a Clerk at Petty Sessions ought to have possessed the confidence of the Court. By the Court he did not mean non-resident Magistrates casually attending but the attending Magistrates within the limit of the Petty Session district. He was aware those gentlemen had a right as Magistrates to attend the Court of Petty Sessions within the county but he denied their authority to intermeddle with the appointment of a Clerk of any Court out of their own particular district. Supposing they had a legal right, which he did not admit, still usage and courtesy were decidedly against them. He would therefore move that as a consequence of difference of opinion between the Magistrates at Castletown Petty session ask that the appointment of a Clerk and adjournment should take place at the next Bandon session to take the sense of the Magistrates assembled there upon the point and to enter into such regulations on this head as the Magistrates may deem fit and proper.
Mr Beecher said he would with pleasure second Mr. O’Donovan’s Motion for adjournment. His object was to attain the ends of justice, and act for the public good. He was acquainted with Nicholson’s public and private character. He considered him of honest and good character. He had frequently sat on the Castletown bench and was not actuated by party feeling as a Magistrate but by a sense of public good. He had no enmity to all except to rogues and rebels.
Mr. O’Donovan could not discern how far the administration of justice in the public good could be either facilitated or retarded by retaining or dismissing the Clerk of the Petty Sessions at Castletown. He did not include party mode and Mr. Beecher. He could not in this case because Mr. Symms, who was to be appointed on the dismissal of Mr. Nicholson, was as devout a conservative as Mr. Beecher himself. He was a freeholder of the county and always voted against the principles he felt proud to support. This difference of party political opinion by no means diminished his friendly feeling toward Mr. Symms who we know to be a gentleman by birth and conduct, partly being feeling being out of the question he would rather assume that Mr. Beecher may have been influenced by motives of private friendship.
Mr Hutchins here interposed saying that no Magistrate had a right to impute a motive or ask another by what motives he was actuated.
A difference of opinion arose on this point between Mr. O’Donovan and Mr. Hutchins which by the imposition of the Court was having …………. adjusted when Mr. Townsend begged to say a few words. He said though it was uncalled for, yet after the declaration made previously with Mr. O’Sullivan he would say it was far from his intention to insult or annoy Mr. O’Sullivan. With respect to the observation of Mr. O’Donovan, he had not the pleasure of that gentleman’s acquaintance but from some of his dearest and nearest connections he was well aware of his character and that representation had been borne out insofar as he had witnessed his conduct that day. He begged to reassure Mr. O’Donovan that his appearance there that day was not as a partisan or party man but as a Magistrate of the county determined to do his duty honestly, fearlessly and independently without intentionally wounding the feelings of anyone and, as to party feeling, he had perhaps been blamed by some of his friends for deliberate sentiments he was known to entertain. He thought his rights as a gentleman and Magistrate had been infringed on and only he appeared there to vindicate and assert those rights. He would most willingly agree to the adjournment proposed.
Mr. O’Donovan replied though Mr. Townsend and he had met for the first time and under rather untoward circumstances yet he felt satisfaction in acknowledging the bland and gentlemanly demeanour that he, Mr. Townsend had evinced and with which were the characteristics of all members of his family with whom Mr. O’Donovan had the pleasure to be acquainted. Matters being in fair train of adjournment, he hoped that any excitement that may have been caused during the heat of a discussion could be forgotten by both sides. He had to thank Mr. Beecher for the prompt and fair manner in which he had accorded to second the Motion. He had already trespassed too long with the time and attention of the Court and he would be with pleasure join in getting through the business of the day. Several other cases were called for and disposed of and the Court adjourned when the business terminated in early hour.
West Cork History 