Wednesday 22 April 2015

Ex-Irish President's Grandfather Courtmartialled

(While researching this story I spoke to the late Jackie Clarke and enquired from him why Mr. Bourke was in this position, and he informed me that Mr. Bourke was a popular practising solicitor, but when the Sinn Fein Courts were held around the area  the people then went to these instead of the local courthouse. Mr. Bourke, among others, then found himself with no clients to represent, so, him being a pragmatic individual, put his pride in his pocket and went to the local Town Hall in Ballina, where the courts were held for the area, and (see below) took part in these proceedings.)

The late Mr. H. C. (Henry Charles) Bourke, who lived in Amana House, Church Road, Ardnaree (renamed Plunkett Row, by Sinn Fein who won heavily in the local elections in 1922, and took down all the old English street names and replaced them with the names of people who gave their lives in the fight for freedom, was the grandfather of Mrs. Mary Robinson, ex-president of Ireland. He died on 28th May, 1962.

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EVIDENCE AT COURTMARITAL OF
MR. H. C. BOURKE, SOLICITOR,
BALLINA

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(Ballina Herald, February 17, 1921)
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  We reproduce the following from the Connacht Tribune, which gives the evidence at the courtmartial of Mr. Henry Charles Bourke, solicitor, Ballina:-

  “With having taken part in the proceedings of a Republican Court at Belmullet, County Mayo, on October 19th, 1920, and for being in possession of Republican summonses, the publication of which would be likely to cause disaffection, Henry Charles Bourke, Ballina, County Mayo, was tried before a field general courtmartial, at Renmore, on January 28th, 1921. Accused, who pleaded “not guilty” was defended by Mr. Price, K.C.

  A police witness swore that on October 19th, 1920, he was on duty at Belmullet. About 11 a.m. that morning he saw a large number of people arrive at the town from outlying districts. About the same time he saw four strange men arrive in a motor car from the Ballina direction and enter the Royal Hotel. Accused had been in the hotel since the previous evening. About twelve o’clock accused left the hotel and went in the direction of the Belmullet workhouse. A short time after that the four strange men who came in a motor car, and about fifty others, followed accused and entered the workhouse. Witness with a party of policemen followed the crowd, and when they entered the Boardroom they found the four strange men sitting at the table, two of them apparently acting, as magistrates. One man named Heffernan was sitting on a chair giving evidence in a case in connection with a dispute about seaweed. He was being examined at the time by the accused. Witness asked the Chairman if they were holding a court, and he replied that they were. Witness asked what kind of court, and the reply was: “An Arbitration Court.” Witness said that he had reason to believe that it was a Sinn Fein Court, and that he would seize the documents and make arrests if necessary. He then seized a bundle of papers lying on the table in front of the accused. He also searched the accused’s person, but found no seditious documents or arms. The Quarter Sessions were fixed for the following day at Belmullet.

  A County Mayo magistrate swore that he knew Mr. Bourke addressed various meetings during the war. He was a member of the Old Mayo County Council, but was removed out of public life at the last election owing to his political opinions.

 Mr. Price said it was a serious charge for Mr. Bourke, who had been a solicitor practising in mayo for the past twenty-four years. He was a prominent man in ordinary public affairs. He had never been a politician, but he had been a prominent man otherwise, particularly in the recruiting campaign of County mayo, and was under very difficult circumstances. He would be thrown out of every position on account of his anxiety to keep within bounds of the movement that was going on in this country. In order to convict the accused of this offence, the court must be satisfied that the Arbitration Court was set up for ousting the courts in this country, and preventing them from exercising their jurisdiction, and must be satisfied the accused took part in that court with a knowledge of its criminality or its illegal object.

  In regard to the mere holding of a court professing to be an Arbitration Court to settle disputes, it was a notorious fact that the attorney-general, who was head of the legal profession in Ireland, could see no evidence that the Arbitration Courts held in this country were illegal. Solicitors did not know what they were to do last Summer in connection with these Arbitration Courts. The matter was brought before the notice of the Incorporated Council of Solicitors, and the reply was that the Council, under existing circumstances, could see no objection to solicitors protecting their clients’ interests in the Arbitration Courts. Counsel submitted that there was nothing wrong or improper for persons, who, instead of going into court, would submit their dispute to persons selected by them, and it was nothing improper for a solicitor to act in such cases. Mr. Bourke was not aware that these courts were illegal. He had not touched these courts since that date, and would never touch them again, as he would not do anything that would likely to cause disaffection.

  The prosecution said that he must ask the court to record a conviction in this case if it were satisfied. Was this particular sitting of a nature calculated to be prejudicial to the maintenance of law and order, or was it likely to cause disaffection among the civil population? It was set up on October 19, the day before His majesty’s legal court. One never heard of a case where a man went to arbitrate in a manner explained by Counsel himself. Counsel further suggested that it was the duty of a solicitor to go and assist a person who has been summoned.

   When they found an arbitration court summoning persons to appear before it, as appeared by the document, that court ceased to be an arbitration court, and was a court that arrogated to itself the power to appeal to persons to attend. It was not longer a court of arbitration by consent, but was a court that asserted the rights to compel people to attend, and once it asserted that, they had established that the court was an illegal nature. Whether Mr. Bourke was examining or cross-examining a witness was unimportant, because this showed that he was taking part in the proceedings of the court. As to whether this man took part in the court with a knowledge of its illegality, if they believed he was present in the court he (prosecutor) had described, under the circumstances that it was proved by the police witness, they were bound to assume that he knew perfectly well the nature of the work upon which he himself was actually engaged. “I, therefore, ask you,” concluded the prosecutor, “to find him guilty on the first, second and third charges, and I also ask you to take into consideration what has been said about Mr. Bourke’s character.”


  Sentence will be promulgated.”

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