The Liscannor Sand Case

Because  our ancestors were prominent citizens in their community, we are able to glean  rare insights into their civic relationships and, sometimes, their everyday life.

The Liscannor Sand Case is a "case" in point.

In March of 1853, Captain Francis MacNamara filed a lawsuit against several men whom he accused of removing sand from one of his properties, Sandfield, in Ballyellery (located midway between Lahinch and Liscannor).

This was an important legal case at this point in Irish history as it pertained to the relationship between tenants and landlords and questioned the ownership of land ~ Queen or Landlord.

Irish farmers living and working near the sea have always collected sand and seaweed from the beach to use as fertilizer.

It was common for these farmers to sell the leaves from seaweed as a fertilizer.

Seaweed driven ashore by storms was gathered, the leaves stripped and sold to neighboring farmers.

If there weren't sufficient seaweed available from storms, it was harvested at low tide. 

They would harvest the seaweed from the shore as it was washed in by storms, then spread it on the land prior to planting their crops.

At its pre-Famine zenith, much of the cultivated land in the west of Ireland was composed of human-made soils, laboriously created by repeatedly adding sand, seaweed, and if available, manure.

The reason the Liscannor Sand Case is included in our history is because our great great grandfather, Patrick Edward Reilly, was a key player in the entire scenario and was called to the stand as a witness.

Through his word-for-word testimony, he narrates his role in what transpired and we also become privy to details of his job as land agent to the "Lord" of Ennistymon House - Francis MacNamara.

In addition, we learn more about the important role he played in his community.

All in all, these are fascinating details of life in a small town in the West Of Ireland in the mid-19th century.

Please keep in mind while reading this account - County Clare was just coming out (1845-1852) of the devastating an Gorta Mór - The Great Hunger.

Basically, the seashore at one of Captain MacNamara's estates called Sandfield had been harvested by the locals for generations.

We visited this site on our recent visit to Ireland and it looks timeless.

It is right off the side of the road with the ruins of Dough Castle in the background.

Here is a better look at Dough Castle on the sandy beach of the Inagh River:

Although little remains of the Castle today, it is still among the most widely recognized landmarks in North Clare.

Originally built in 1306 by the O’Connors, the lords of Corcomroe, it is situated at the strategically important mouth of the Inagh River. 

From there, it could control both land and water traffic.

In 1471, the chieftain was murdered in Dough Castle by his nephews and was buried at the end of what is now the main street of Lahinch.

The present ruin is the result of various collapses due to the castle having been built upon sandbanks.

One wall had fallen before 1839, and a considerable mass, with the chimney, fell in 1883.

Eddie Lenihan in his book: In the Tracks of the West Clare Railway relates the tale of O’Brien, Lord of the nearby Moy Castle.

When going to the battle of Dough, he locked his wife and children into a vault under the castle to keep them safe from attack in his absence.

Unfortunately, he was killed in the battle and the door was never again opened.

What became of those inside is unknown.

When O'Briens-bridge was erected in 1836, it was described as "... A fine stone bridge of three arches...."

SURVEY OF BRIDGES IN NORTH Co. CLARE NOVEMBER 2015 

Our ancestors crossed this Bridge whenever they went to Lahinch.

The erection of O'Briens-bridge made collecting sand at Ballyellery and Sandfield an easier chore.

Beforehand, one had to walk along the shore, catch a ferry and then wade into the river.

When Jim & I were recently in County Clare, Kevin Haran (current owner of the Sunny-side Cottage) spent the entire day driving us around the area and showing us the sights.

As we drove near the Bridge, I told him the story of the Liscannor Sand Case and he pointed to a large rock in the middle of the river.

 He explained that, when the rock was visible, the water was shallow enough to cross safely. 

Locals have used this signal for generations.

By 1853, Captain MacNamara had grown tired of the constant traffic of people, carts and horses removing sand from his estate - especially without financial recompense.

According to the newspaper account of this case, <<scans of which are provided at the end of this post>> farmers in the area had been collecting sand from this same place for generations.

Suddenly in early May of 1853, as the owner of that property, Captain Francis MacNamara, erected a four foot wall along the road preventing any egress.

Evidently, this wall infuriated the local farmers who decided to do something about it.

On December 21, 1853, 200-300 men with shovels, pitchforks and spades arrived at the wall and began tearing it down.

TWO - THREE HUNDRED MEN!!!!

They continued their work of destruction for nine days.

Captain MacNamara retaliated by filing a lawsuit:

FRANCIS MACNAMARA

v. 

PATRICK HIGGINS and others.

Nov. 7, 10.

The Writ of Summons: Plaintiff in this case stated that the defendants, on the 21st of December 1853, entered certain lands of the plaintiff called the sea shore of Ballyellery otherwise Sandfield and carried off sand from there.

First to be called to the stand was the care keeper of Sandfield, Richard Neylon.

He testified that he had been directed to build the wall by Mr O’Rielly (sic) ~ land agent for Capt MacNamara.

On the night in question, Mr O’Rielly had asked the witness to bring the livestock in from the field. 

Neylon continued his narrative of the destruction of MacNamara’s wall.

In “MacNamara vs Higgins”, Patrick Edward Reilly was the second witness called to the stand. Here is what he said: 

Reading the testimony might be confusing at first ~ The "I" in the first person syntax is P. E.'s response to his examination by the attorney.

So, those are his exact words explaining his participation in the action. 

The Glebe mentioned in the newspaper account is the Kilmanaheen Glebe. 

At the time, it was the residence of the Venerable Archdeacon Whitty.

It was built by the Rev. James Kenny, a convert from Roman Catholicism, in 1767. 

The new wall which now stretched from the Glebe House to the Strand prevented Liscannor people from getting to Lahinch.

In further testimony, the attorney for the defense stated that the true issue at stake is the preservation of the rights of country folk.

He accused the owner of a neighboring property, Mr Cornelius O'Brien,  of instigating the whole affair. (As you can see, Cornelius O'Brien ~ who was responsible for building the famous O'Brien Tower at the Cliffs of Moher ~ was a contemporary and a colleague of P.E.Reilly.) 

The verdict was decided by the Honorable Judge Perrin who ruled for the defendants on Counts One & Two:

1)   Right of Way
2)   An excessive Trespass

On the third count ~ "That the defendants broke and carried away part of the soil of Ballyellery" ~ he awarded to Captain Francis MacNamara 6 pence."

The court was crowded throughout the trial which excited considerable interest."

But ~ this was NOT the end of it!

On November 8, 1855, The Clare Journal and Ennis Advertiser published this item:

Post Famine Ireland was not a good time to be a wealthy landowner in Ireland!

If you would like to read the entire newspaper article, the scans below were from the Clare Journal and Ennis Advertiser, March 6, 1854.

Captain MacNamara did not give up right there, though.

He filed an appeal but lost that, too.

Well, there you have it!

The famous LISCANNOR SAND CASE!

THANKS FOR READING!

EPILOGUE 

History gives a nation its bearing on what it is and how its people are affected by what has happened in the past. 

Its kings and queens, its wars - with victories and defeats - these all mold a nation’s culture into the way it views itself in the present. 

In the same way, a family history presents how a family has survived and come to terms with the great social and cultural experiences of the ages.

We hope these stories will give each member of our family a foundation and, in some small way, explain how we came to be what we are today.

Hopefully, through these vignettes, our future generations will gain a knowledge of the energy and dynamism, the loves and hates, the errors and mistakes, the victories and failures, the struggles and successes that make us what we are.

Our family history presents a fascinating read - and, hopefully, some lessons to be learned in the process.