THE “LAWLESSNESS” of Co Clare in the early 1890s turned into a political football between unionist and nationalist in the House of Commons after a local judge made clear his exasperation at the refusal of juries to convict people accused of land-related offences. Unionist MPs depicted the situation as the Liberal government’s spinelessness in the face of intimidation, while nationalist MPs maintained there was nothing to be concerned about. The cases that led to the exchanges was reported this day in 1893:
The evidence showed that Mr McAdam, the agent, three or four bailiffs, and 30 police went, on the 10th of April, to distrain at the suit of Colonel John O’Callaghan, against John Molony. The amount of the writ was £167, and when Molony’s lands were reached 7 horses and 12 cows were seized, a great crowd collected with dogs and defied them to take away the animals. The crowd ran through the cattle and beat them, and the dogs were set upon the horses, and drove them off. Rifle shots were fired from a hill 100 yards distant, and stones were thrown by the crowd, one of which struck a bailiff. The riot continued for half an hour. The horses got away but the cattle were brought to Tulla pound. All the prisoners were in the assembly. It was contended for the defence that the assembly was not such as would cause terror, and that only Mr McAdam was alarmed. Mr McAdam said he was not alarmed; he was only excited. (Laughter.) Counsel continued, and argued that the defendant McMahon was excited by the wrongful seizure of his mother’s cow amongst the cattle... The jury retired, and another case was taken up. They returned into court with a verdict of “Not guilty”.
Mr Justice Gibson – Is the present case the same as the last?
Mr Adams – Yes, my lord.
Mr Justice Gibson – What is the use of going on with it? There is no use as far as I can see of continuing this. We are engaged in a solemn comedy at present. What is the use of wasting time with them if they are all the same?
Mr Morphy – Perhaps this is a better jury.
Mr Adams – The case having been entered, we must proceed with it.
Mr Justice Gibson – Such a travesty of justice is perfectly melancholy. I will take a full note of this case. I will only say that a great responsibility rests on some one for this.
The evidence showed that the carmen, Ryan and Nolan, had come from Limerick, with building materials to build a house at Knocklara, an evicted farm on the estate of Colonel O’Callaghan, for a number of Emergency men. On returning to Limerick they found their passage from the estate considerably barricaded, and again on the road two large barriers of stones were placed before them. A very violent crowd assembled, who kept up a continuous cheering and groaning. Stones were thrown at them. A police patrol came up, and subsequently Mr McAdam, the agent on the estate, arrived. The police, seeing the threatening attitude of the crowd, drew their revolvers... No witnesses were called for the defence, but the argument of Mr Mahony was that the horses driven by Nolan and Ryan were very sulky on the road; that it provoked the merriment of the crowd, and that the cheering and shouting deposed to was simply at the expense of the drivers, and was not directed against the police in any way...
Mr Justice Gibson ... this was the clearest case of a violation of the law that he ever remembered being proved...
In about half an hour the jury returned into court. The foreman said there was no chance of their agreeing.