Poor Law Enquiry — Belmullet Union (1863)

The Connaught Watchman, and Ballina Chronicle, 21 March 1863, p. 1.

An investigation of certain charges preferred against the Chairman, and other Guardians of this Union, was opened on Tuesday, by Dr Brodie, Poor Law Inspector. Unusual anxiety was generally manifest while the enquiry proceeded; and the facts, which display most extraordinary conduct on the part of some of the Guardians as well as all connected with the Union affairs in Belmullet, show the great necessity that existed for the enquiry which has been instituted, and which was consequent on a report made to the Commissioners of how contracts for supplies were disposed of.

The clerk of the union, Mr P. Reilly, had been dismissed by a sealed order of the Commissioners, it having been found that alterations, for parliamentary purposes, were made in the rate-books; and though the clerk had been visited with dismissal it would appear that those charges were not entirely of his own doing, as the chairman and other Guardians were cognizant of them, and in many instances either directed the alterations or made them themselves. It appears to have been a practice in this strangely conducted union, and as it had been permitted by the previous chairman, and preceding clerks, their successors had no hesitation in following the example, illegal though it was. This very culpable conduct, however, has now been exposed, through the instrumentality of Mr Roger Dodwell, the county cess and poor’s rate collector, who discovered the falsification of the books and acquainted the commissioners with the unconstitutional and very reprehensible conduct pursued in this respect.

Almost simultaneous with that charge others have been made, which are equally as grave in their character, and the investigation into which has revealed a course of procedure on the part of the Poor Law Guardians, unprecedented. The conduct complained of, and now brought to light, appears to have been practiced, under certain disguise, for a length of time; but so habituated had the parties become to the course pursued, and the impunity with which they had been permitted to proceed having given them so much confidence of security from possible consequences, that matters were carried on with the most glaring effrontery. Those who were not of the select and successful few were not allowed any “participation in profits”. They had no business tendering for any contracts, with a prospect of success, against the monopolisers of the supplies. But this could not be permitted to continue. It had become so vexatious to others, who should have had enjoyed equal privileges, if fair play had been allowed, that an expose could be no longer resisted, and therefore a report was made to the Commissioners which had had the effect of originating the enquiry, the evidence of which we condensely subjoin, and which exhibits features in the management of the affairs of a Union that we could not have anticipated.

The enquiry was most ably conducted by Dr Brodie, who possesses a remarkable aptitude for eliciting facts; and notwithstanding that antagonistic feelings prevailed the determined demeanour of this gentleman, tempered by his affability and courteousness, disarmed hostility of an opportunity for display. Counsellor Buchanan was a capital auxiliary in examining the several witnesses, and Mr A. B. Kelly watched the proceedings on the part of the accused with a carefulness that displayed his desire to be prepared for ulterior proceedings. It is more than probably that the Queen’s Bench will become the arena on which the further consideration of the conduct of the Belmullet Guardians of the poor will be subjected to criticism, and from what has transpired the prospect before those involved is anything but cheering. As it appears that a Guardian of the poor subjects himself to a penalty of £100 for every occasion he supplies the Workhouse with which he is connected with any contract materials, it would take a good many hundreds to meet the numerous transgressions in this respect laid to the charge of some of those gentlemen who have placed themselves in the unenviable position in which those whose conduct was the subject of this enquiry have done. The evidence, however, summarised thought it be, will give a better idea of matters than any comments we may make:-

(FROM OUR OWN REPORTER.)

Belmullet, Tuesday.

The enquiry was opened at 10 o’clock. The Guardians present were — Mr Thos. J. Reilly, Chairman; Mr T. J. Reilly, Mr Thos. Wood, Mr Dominick O’Donnell, Mr Samuel Bourns, Mr Henry Rielly, Mr W. H. Carter, JP, Mr Denis Bingham, JP, Mr WJ Richards, JP, and Mr Coleman Vigors. As the attendance was not confined to members of the board there were several others present.

P. Reilly, late clerk, sworn — Wm. Gilbert was contractor in August ’62 for groceries; and in January ’63 for clothing. Believes the body of invoices to be in the hand-writing of Michael Geoghegan, foreman in the chairman’s shop; Gilbert came for a cheque once; on last day of payment got a cheque; invariably gave Gilbert’s cheque to chairman; one cheque handed to witness which was payable to Thos. Reilly, the chairman, for £14 11s., for oils, paints, &c.; a cheque for £2 for coffin boards supplied by chairman; Gilbert is a shop-keeper in Belmullet, sells spirits, beer, tobacco, &c. It was not Gilbert’s practice to deliver the goods for which he had contracted; he might have bought goods to supply the contract, but was not in the trade.

Cross-examined by Mr Kelly — A bind was entered into by Gilbert; the cheques now handed me I gave to the chairman; Gilbert told me there was an understanding between him and the chairman, and that I might give him the cheques; never saw the goods leaving the chairman’s shop, but will not say they did not; when I was Master and Clerk the order for goods &c. were sent to Mr Reilly, and these orders were addressed to Mr Gilbert.

William Gilbert sworn — Lives in Belmullet, deals in spirits, &c., is not engaged in the cloth trade; is not in the employment of the chairman; never was, but tendered for supplies; tenders not in my handwriting; saw Geoghegan in Mr Rielly’s the day before; often goes into Mr Rielly’s yard; acts as boatsman to Mr Rielly; gets no payment; witness hesitated to swear as to the identity of cheques; became a contractor 4 years ago; bought goods in various houses; became a contractor for blankets flannels, baragon, calico, &c.; will not swear that £5 entered my pockets as profits by buying from Mr Rielly; never delivered any goods myself; has an invoice of the goods from Mr Rielly; will not swear that 5s entered my pockets; there never was any agreement between us, but Mr Rielly told me he would take 1s off the blankets, which I sent to the Workhouse next morning; only one of the cheques passed into my hands; cannot say when I entered into a bond; signed one for groceries in my own house; I was not told I was declared contractor; sent in tender, Michl. Geoghegan drew it out; never remembers to have signed a bond but one; knows Timothy Tierney, who lives in Belmullet; never asked Tierney and McDonnell to become security for £100; told them I would put their names on the bond and sign it myself; did not consider myself bound to one shop more than another, but gave Mr Rielly preference; gave directions to the Clerk to give the cheques; authorised Mr Rielly to put my name on cheques; did not give the power of attorney to Mr Rielly, was allowed the profits out of cheques after allowing cost prices; was never paid by Mr Rielly; sells meal at his meal store; sold hundreds of tons; got only presents as remuneration for my services; is not related; he gave me 1l. as a present.

Timothy Tierney sworn — Knows Michl. Geoghegan; I am in public business; am connected with Mr Rielly by marriage; do not recollect Geoghegan coming to me in October about a bond for Gilbert’s contract; the handwriting in the bond is not mine; I may have seen the document but never signed it; Gilbert told me he would put my name to it but I never signed it.

Mr Dodwell sworn — Collects the poor’s rate for the Union; cheque dated 3rd April ’62, the chairman gave me in payment of rates; sees Gilbert’s name on the back; saw the chairman write it; was present when the cheque was originally made out; other cheques are in my possession in the same way given for county cess; the endorsements are mine and the chairman’s.

Cross-examined by Mr Kelly — It is not the first time I have seen cheques passed to the Guardians but not in payment of goods supplied; does not know Mr Reilly has authority from Gilbert to sign his name, saw the cheques for coffins filled in board-room, to the best of my belief.

WEDNESDAY.

Mr P. Rielly, late clerk, was again sworn this morning, and tenders purporting to be signed by Gilbert were handed him, which it appeared had been written by Michael Geoghegan. They were accepted by the chairman. These tenders were for flannels, frieze, groceries, meal, &c., The bills furnished were also believed by the witness to be in the handwriting of Geoghegan, the chairman’s foreman, and the signature William Gilbert by the same hand. In the provision cheque account book, a leaf appeared torn out, and it was admitted that no order had been given for some meal and bread that had been delivered. Cheques passed to Gilbert for £32 5s 6d, on the 1st March, and same day another or £8 15s and a third for £81 0s 10d for clothing materials, and signed by the chairman, while it turned out that Gilbert, though the tenders drawn for him were accepted, had never after perfected a bond. In one instance only had Gilbert received personally a cheque, and that was on the 5th March ’63, for 32l 5s 6d. When tenders were sent by Gilbert samples accompanied them. In most instances the samples were brought by Geoghegan. He (witness) wrote part of one tender himself, the rest was by Geoghegan. He also wrote out some bills to prepare for audit; sometimes he made them out from the material book. He had brought an account book to the Board room from the chairman’s shop, and the name Thomas Reilly therein he believed to be in Geoghegan’s handwriting.

To Mr Kelly — The day tenders were sent in there were tenders from other parties also. Gilbert’s was the lowest for meal, 8; 10s per ton.

Martin McDonnell sworn — Does not read or write; I do not remember to have seen a bond; I never put my mark on one; I had a conversation about the month of October last with Michael Geoghegan and he told me he would put my name to a bond as security for Gilbert.

Mr P. Rielly — I am the subscribing witness to that bond. I know Timothy Tierney; I was in the room yesterday when that bond was placed in his hands, and heard him say he never signed it. I wrote “signed, sealed, and delivered”, on that that bond, and I put my name to it merely as a matter of form. I can’t say who brought me the bond. It is filled by me; I cannot bring it to my memory where I signed it. I might have signed it in the chairman’s shop; does not recollect who was present.

Martin McDonnell to Mr Kelly — I did not object to Mr Geoghegan signing my name to the bond; I think I gave him permission to do so; l had no conversation with Gilbert about it.

Mr T. H. Reilly sworn — I act as Porter and Master; was appointed Master in August last.

Mr Buchanan — A very false economy to have the duties of the two offices entrusted to one person.

Mr Carter — He was not appointed to either situation. He assumed the duties of both.

Examination continued — I keep the Porter’s book; sees the entry on the 3rd March; James Gaughan came with meal; it was conveyed on an ass; does not know in whose employment he is; never asked him where he brought it from; I spoke to Gilbert to send me the meal; was often obliged to buy meal from one board day to another; am cousin to the chairman and clerk; in my absence a pauper acts as porter; he takes down the names of parties coming into and leaving the Workhouse.

Mr Carter — Remember the connection — cousin to Master and Clerk.

Mr Buchanan — The circumstances being brought to light of this modal [sic?] union ought to be printed and circulated for the benefit of the unions of Ireland, and the edification of the community at large.

Mr Gilbert was called and deposed — I swore yesterday that I was declared contractor for clothing, &c.; I sent samples with my tender; I got them in the shops of the chairman and clerk; have not seen Geoghegan since yesterday; Michael Geoghegan marked the price on those samples; did not send them to the Workhouse myself; never saw the samples since they left Mr Rielly’s; told Michael Geoghegan to supply whatever would be required; desired Geoghegan to make up the goods according to samples; I have no list of the prices; I leave all to Michael Geoghegan; I supplied all the groceries from the chairman’s without exception; I told Mr Rielly to receive and sign all the cheques granted to me, as I do not deal in “araghed sheesh” [airgead síos, or ready money]; do not keep an account book; does not know the amount of the cheques granted; supplied teas which cost from 3s 8d to 3s 10d per lb, but cannot say what price was put in the tender; Geoghegan keeps the accounts for me, and settles everything; don’t know where Michael Geoghegan is; don’t know if he went to Ballina; I told Mr Rielly to receive the cheques for me, and when he paid himself he was to give me the balance; cannot tell the amount of one single cheque granted to me; I reduced Mr Rielly in the price of the blankets, but do not know what the contract price was.

Dr Brodie — In mercy do him ask him no more.

John McLoughlin sworn — I was Master of the Workhouse for about six months in ’62; to the best of my knowledge Mr Gilbert was not the contractor; I was Master and Porter; never saw any person coming with clothing, but I believe there were some delivered; I sent some orders myself for wine or the like; was not competent to hold my place and consequently was called upon to resign; remembers some materials coming into the house, but does not know who sent them.

Miss Staunton sworn — Sometimes through the Master I get clothing Materials — sometimes by a messenger, but cannot say where any materials came from; once heard they came from Mr Reilly’s, but cannot say who told me.

The evidence in support of the charges against the chairman here closed.

Mr Carter — What about these witnesses who are not forthcoming?

Dr Brodie — Leave them to their fate. We will have them yet unless the are off to America.

Mr Thomas Wood, a Guardian, was the next person against whom charges were preferred.

The first witness called was Mr P. Rielly — He said — Mr Wood is a Guardian; previous to his election as Guardian he was a contractor; he is a member of the board about two years and a-half; Anthony Wood is the name of the present contractor. By the provision cheque book of October ’61 Mr Anthony Wood first appears contractor; does not know in whose handwriting his proposal is written; thinks it is the handwriting of Thomas Wood; on the 13th Nov. ’62 Anthony Wood is declared contractor for turf and milk for twelve month; Anthony Wood I believe does not reside in this country at present; he left this country about twelve months since; invoice is in my handwriting; made out account from personal ledger; Mr Wood was paid as cheques show; I believe I sent this cheque to Mr A. Wood’s house on the 18th February 1861; I believe the receipt to be in the handwriting of Mr Thomas Wood; the cheque for £30 8s 1d is filled by me; it was in favour of Anthony Wood, but the endorsement on the back was written by Thomas Wood; the cheque dated 3rd April ’62 for £70 is in favour of Mr Anthony Wood, but the endorsement on back I believe to be written by Thomas Wood; the cheques of 1st May ‘’62, £30 8s 11d, 6th June ’62, £56 5s 6d, 7th August ’62, 60l, 4th Dec ’62, 31l 13s 6d are all I believe endorsed by Mr Thomas Wood; there appears an alteration in one cheque, but I believe not since it was signed; all cheques were handed to Thos. Wood.

P.H. Reilly the Master, sworn — The turf supplied is delivered to me in carts; the last quantity was delivered on Saturday; Mr Joynt delivered turf last; believes the men who delivered the turf to be in the employment of Mr Wood, but cannot say which Mr Wood; did not see Mr Thomas Wood’s name on the cart; sent no order for turf; 45 boxes were allowed each week; cannot say if any person in the Workhouse sent an order for the turf; was poor’s rate collector before I became Master; milk is received per cart from Tallagh; sent an order to Tallagh for milk; never got a printed board’s order for the milk; measured the milk about a fortnight since; Mr Thomas Wood lives in Tallagh; believes the figures in pass book to be Mr Thomas Wood’s writing; had the pass book on Monday last; the initials T.D.R. in the rate book appear to be the chairman’s; Mr A. Wood’s name appears in occupier’s column; do not remember Mr Thos. Wood to say that his father’s name was inserted, but that in reality he was the person; did not destroy any of Mr Wood’s dockets since this enquiry commenced.

Dr Brodie — The affairs of the union appear quite at your mercy.

Examination continued — Did not enter into a bond since appointed his appointment is not sanctioned by the Commissioners; is a probationer for three months.

Miss Staunton, Matron, examined — A boy brings the milk on a cart, but cannot say what is his name; heard it was Thos. Wood who supplied the milk; never saw the milk coming from Tallagh; always measures the milk when it comes to me, and gave an account of it every evening to the Master.

Dr Brodie — It is most remarkable the ignorance the witnesses profess of things that they should be perfectly aware of. I believe there is no further evidence to be given in support of this charge.

The next accusation was against Mr Thomas James Rielly, of the Crown Hotel, a Guardian, who was charged with being a contractor for white bread.

Mr P. Rielly, late clerk, was the first called — He stated that Peter McDonnell was contractor for bread. The tender was accepted on the 23rd October, 1862. I believe it to be in the handwriting of Mr Gibbons, Relieving Officer; Mr Thomas J. Rielly is my brother; he is an elected member of the board; cannot swear who owns the Crown Hotel; is not quite sure if there is a name over the door; Peter McDonnell is an apprentice in the shop in connection with the Hotel; he did not attend to perfect his bond; he was not present to ascertain what became of his tender when sent in; I am a subscribing witness to a bond; did not see it executed; Patrick Jordan is one of the securities; to the best of my belief I got the Bond from Peter McDonnell in the shop where he does business; cheques were filled in favour of P. McDonnell; and receipts were filled by me and signed by him; never saw McDonnell deliver bead; is not aware that McDonnell has an establishment of his own; is not aware that he has a bake house in Belmullet; believes he is an apprentice in the shop connected with the Hotel; never had a conversation with my brother on that subject.

Peter McDonnell sworn — I reside in the Crown Hotel; T.J. Reilly is over the shop door; I am about two years in it; went there as an apprentice; it was my brother settled me there; never saw the tender written; never saw it until this day; the name Peter McDonnell is not in my hand-writing; the evening of the day the tender was accepted Mr Reilly asked me why I did not tell him I had tendered; that was the first intimation I got of the tender being put in; I might have told Mr Reilly that I did not tender, but when I found I was declared I wrote the Master to know when he would require bread; has no oven of his own, nor bread, nor money; sent bread on the Tuesday following to the Workhouse; a boy in the Hotel brought the bread over; was written to by the Master to send bread to the Workhouse; has not got the letter now; weighed the bread before sending it; entered the weight in the day book; I have no doubt but I told Mr Reilly that I sent the bread to the workhouse; the entries in the pass book were made by me; I paid Mr Reilly no money for the bread sent; never billed the Guardians for payment of bread sent; never opened a debit and credit account between Mr Reilly and myself about this bread; the signature on receipt is in my handwriting; went to the Board-room for a cheque for £10; cannot say whether I have to Mr Reilly or put it into the till; none of the proceeds of the contract went into my pocket; the name Peter McDonnell on the bond is in my signature; I asked P. Jordan to sign it as one of my sureties; did not see Timothy Tierney sign it; I am not 21 years of age; believed the bread when I sent it to be the property of Mr Reilly; I heard previous to the 25th February that the bread was the property of Mrs Reilly; cannot swear who employed the baker; have seen Mrs James Reilly, the mother of Mr T.J.Reilly, often in the shop; she and Miss Reilly often sold goods there; this was before the contract; she had access to the till, and often took money from it, which she took to her own house; do not know who the profits of the shop go to; knows that Mr Thos. J. Reilly had been doing business for his mother; knows Mr Reilly to have been dealing in oats, which he exports.
At this stage of the proceedings, it being near six o’clock, the enquiry was adjourned.

THURSDAY.

At 10 o’clock Dr Bodie was again in attendance. The interest in the proceedings continued, and the attendance at the Board Room, which was not confined to the Guardians, was numerous. Mr Carter, Mr Bingham, and Mr John Walsh, were also present this day.

The first witness called was M.P. Rielly to whom was submitted the revised valuation book for the purpose of explaining who was the occupier of premises in Carter’s square, where an alteration had been made in the rate book and the name William Gilbert changed to Thomas J. Rielly. The handwriting was admitted by the Clerk and the initials T.J.R. he would not swear to be chairman’s as he said he could not do so.

M Rodger Dodwell was next sworn — I am county cess collector and poor’s rate collector; the premises in Carter’s Square, №11, in valuation book are T.J. Rielly’s Hotel and shop; Thomas J. Rielly resides there; he is a member of the board; looking at the rate book No 562 are the same premises.

Cross-examined by Mr Kelly — I am poor’s rate and cess collector; I am High Constable for the half barony of Erris. I have not perfected my bond as cess collector yet.

[Counsellor Buchanan subsequently explained that Mr Dodwell’s sureties were not present at the Assizes and he had got until the Ballina Sessions to perfect his bond.]

Cross-examination continued — I believe Thomas J. Rielly occupies the premises 562 in the rate book; knows his mother, Mrs James Rielly; never had any dealings with Mrs James Rielly with respect to Union affairs as regards these premises, and believes they are carried on for the benefit of Mr T.J. Rielly; was paid poor’s rate and county cess for these premises by M T.J. Rielly.

Richard Gibbons, was next sworn — I am postmaster and Relieving Officer, at Belmullet, have written a document being the tender of Peter McDonnell for bread dated 23rd October, ’62; was applied to by Mr T.J. Rielly to do so as well as I can recollect; he is a Guardian; it was written in the relieving officer’s room in the Workhouse; he told me to draw the proposal in Peter McDonnell’s name; Peter McDonnell did not tell me to draw it, but after having signed the document I told him I did so; did know that Peter McDonnell was an apprentice of Mr Rielly’s or his mother’s; did not know that he was not of age.

James Callaghan, the baker who works in the premises in which Mr T.J. Rielly resides was next examined. His evidence betrayed a want of knowledge of everything that would exhibit Mr T. J. Rielly as the occupier of the premises. He was not employed by him; he never saw him in the bake house; he would not hold him responsible for his wages; was never paid by him; was under the impression the bakery was for the benefit of Mrs James Rielly; knew very little of anything, and could be scarcely got to admit he was aware the shop premises adjoined the Hotel, and would feel himself more justified in holding the boy that went for him the night he was employed accountable than Mr Rielly.

The evidence here concluded, and there was no rebutting evidence produced. Mr Wood submitted the lease granted of the land in which he resides, which was given by Andrew Caldwell to his father, as a proof of his not being the occupier, and he exhibited insurances which had been effected of the stock on the farm by his father, of all of which Dr Brodie took note. The receipt for rent and rates also had been given to Anthony Wood, but the money was paid by Thomas.

In this instance also there was an alteration of the ratebook by the introduction of Anthony for Thomas.

Mr Bingham remarked that the discoveries made would effect considerably the profits of “gombeen”, &c., which has been pocketed for some time.

The enquiry then closed, and the evidence of this protracted proceeding, which was most voluminous was shortly after borne from town by Dr Brodie who started for Ballina.

We may remark that the clerk is exonerated from legal proceedings, as his conduct, although it cannot be justified, does not involve him in litigation. The laxity in the discharge of his duty was the inevitable result of the looseness and absence of system, for selfish and political purposes, of the Guardians. For his share in the business, however, he has been dealt with already sufficiently severe. He gave his evidence without hesitation, and did not seem disposed to quibble.