Chapter 9

THE HARENC ESTATE

So large a part has the purchase of this estate made in my more public appearances, owing to the fact that I have been brought into general notice through offensive legal proceedings, that a brief account of the matter must form part of my reminiscences.

Prior to 1878, a gentleman named Harenc, the owner of a large extent of landed property in the north of Kerry, died.

Who the estate subsequently belonged to I am uncertain. Anyhow, according to the title-deeds, it was somehow divided among ten or twelve individuals before the property came into the Land Estate Courts for sale.

This circumstance suggested to a large number of the tenantry that it might be an opportunity to avail themselves of the provisions of the Bright Clauses, and become pretty cheaply the owners of the land on which they lived.

After they had offered the sum of £75,000 for the estate, for the purpose of splitting it up into small holdings, it was found that the trustee had privately agreed to sell it to Mr. Goodman Gentleman, the agent for the late Mr. Harenc, for £65,000.

The tenants were not going to be frustrated by that--being Irishmen and litigious, which is one and the same thing. So they appealed to the Landed Estates Court, and induced Judge Ormsby to make an order annulling the deed of sale, and directing that the property should be put up in lots suitable to the purposes of the tenants.

Several of the tenants who did not want the property split up approached me to suggest I should buy the property, and appeared by counsel--the present Judge Johnson--in support of me.

I met the tenants, and stated that if it fell to me I would give each of them a lease of thirty-one years, and indemnify myself for the purchase-money by a rise on the entire rental of five per cent, on the valuation of each estate, according to current estimates, at which they showed every sign of satisfaction.

I then offered £80,000 for the whole estate, and was declared the purchaser. A large bonfire was lighted on February 20th, 1878, by the tenants at Aghabey, near Luxnow, on their being apprised I had become their landlord.

Another section of tenants, however, were anxious that the property should be bought by Messrs. Lombard and Murphy, private individuals I never met.

The judge of the Landed Estate Court, Judge Ormsby, gave them the property.

I appealed against this decision, and the Court of Appeal unanimously reversed the verdict of Judge Ormsby, the three judges being the Lord Chancellor of Ireland, the Master of the Rolls--who said it was one of the most important cases decided since the foundation of the Land Court--and Lord Justice Deasy. I have been told on most excellent authority that Lord Justice Christian declined to sit because, as he told the Lord Chancellor, he felt so strongly in my favour that he could not hear the case with an unbiassed mind.

There had been a demonstration at the previous decision, but it paled before the great rejoicings over my success among all the tenantry over whom I was agent. There were more than fifty bonfires blazing that night in Kerry, so that the county looked as though it were signalling the advent of another Armada, as in the fragment Macaulay left. The only place where any opposition was exhibited was in Castleisland, whence the Lombard family originally sprang; and there the lighted tar-barrels, which had been placed on the ruins of the old castle, were extinguished, to avoid unpleasant contact with a gang of rowdy roughs.

Messrs. Lombard and Murphy had stated that they were buying on behalf of the tenants. So I served them with notice that if they undertook to sell to every tenant his own holding they might have the property.

This they very wisely declined, and left me in the position that in 1879 I finally purchased a property on what was called an indefeasible Parliamentary title, under the approval of Her Majesty's Judges, and in 1881 an Act of Parliament practically took one-third of it from me.

In 1881 I wrote a letter to Mr. Gladstone, asking him to take my property and give me back my money.

To this he returned an evasive answer, declining my offer.

If the tenants had themselves bought the Harenc property at that time they would by this time all be paupers, for they could only get two-thirds of the money from Government, and would have had to borrow the other third at a heavy rate of interest.

One man, Mr. Hewson, bought one of the farms for £13,500, and under Mr. Gerald Balfour's Act of 1896 it was compulsorily sold to the tenants for about £6000. I have the exact figures at Tralee, but these are approximate enough for the purpose of demonstration.

Several of the other tenants took me into Court.

I had a piece of reclaimable ground on my own hands which I let for eight shillings an acre. The adjoining tenant, with exactly the same nature of land--which he swore on oath he had paid more than the fee-simple in improving--had his rent fixed by the County Court at four shillings an acre.

To be sure, if the County Court valuer had not done so, he would have quickly lost his employment. The position is one incompatible with honesty, and the value of land, apart from what you can get for it, is a very disputable matter.

My relations with my Harenc tenantry were always good.

After the purchase in 1879 I had no trouble with them, and on the contrary received the warmest thanks from the parish priest for my conduct as a landlord.

I drained soil and imported seed potatoes, besides executing other improvements. The estate was not in good order when I purchased it, and I know from other sources that the tenants were well satisfied with me.

I may as well mention, that having no agencies on the Listowel side of Kerry, I was never on the Harenc property before the question of purchasing arose, and it had on it no house in which I and my family could reside.

Until 1881 no tenant made any hostile move, but one fellow, who took me into the Land Court after the Land Act, presented a very curious case.

This man, whose rent was sixty-five pounds a year, applied to the Court for reduction. There was a press of business at the time which necessitated an adjournment, but in the end the Court fixed the new rent at the same amount as the old rent.

The tenant appealed; but though the Appeal Court valuers attested that it was worth seventy-five pounds a year, still the rent was unchanged.

In other words, the Government sold me a farm and parliamentary title at sixty-five pounds a year which one set of Commissioners thought fair and the other thought cheap, and yet I had to spend more than half a year's rent in defending my title to it.

There is no appeal as to value, except to the head Commissioners. They appoint two other Sub-Commissioners to inspect the land, and they of course avoid disagreeing with their brethren.

It is very like Mr. Spenlow in _David Copperfield_, who said, 'If you are not satisfied with Doctors' Commons you can go to the delegates,' and being asked who the delegates were, he replied that they came from Doctors' Commons.

I bought the Harenc property as a speculation, and it turned out a confoundedly bad one.

Once I had a conversation with a Land Leaguer on the subject. He said:--

'You bought a stolen horse, and must take the consequences.'

'If that were so,' I retorted, 'I would have an action against the Government which sold me the horse.'

I had a correspondence on the subject with Mr. Chamberlain, which elicited some remarkable letters; but as he marked all of his private and confidential, they of course cannot be published.

Now for a few anecdotes, just to show that I have not exhausted my stock.

It would be cruel to specify the individual of whom I can truthfully say, he was the biggest fool that ever disfigured the Irish bench.

He had been tutor to the children of a great peer, and his patron subsequently pressed the Prime Minister to do something for him.

'I can't make him a County Court judge,' said the Prime Minister, 'for he would never decide rightly.'

'Well,' said another Minister, 'we are going out, and have not the ghost of a chance of ever getting in again in our time. Let him be Solicitor-General for Ireland during the last weeks we hold office.'

So this was done out of sheer good-nature; but after the election the Government found themselves saddled with him, for in those days holders of high office were not shelved at the caprice of Premiers, whilst the country had unexpectedly returned the old gang to power.

It has always been averred by the Irish Bar that an office was specially created for the purpose of shunting this legal luminary into it, but as an historical fact I will not vouch for the truth of the sarcasm. The account of the Cabinet conclave came to me on excellent authority.

When Chief Justice Monaghan died, Lord Morris, who was then a Puisne Judge of Common Pleas, observed that he himself had a good chance of the post.

'What about Keagh and Lawson?' asked his acquaintance, they being brother judges.

'Very good men,' replied Lord Morris, 'but as they were not appointed by the Tories, I don't think they'll promote them.'

'And how about Ormsby?' continued the other.

'Ah now,' said Morris, 'you are getting sarcastic.'

There is a cheery story about Judge Keagh, who has just been mentioned.

A number of brothers were before him, charged with killing a man at Listowel.

The judge was most anxious to ascertain from an important witness what share each of the accused had in the murder.

'What did John do?'

'He struck him with his stick on the head.'

'And James?'

'James hit him with his fist on the jaw.'

'And Philip?'

'Philip tried to get him down and kick him.'

'And Timothy?'

'He could do nothing, my lord, but he was just walking round searching for a vacancy.'

Which reminds me that fair play is not always recognised as essential in these matters, as the following anecdote shows.

There was a faction feud between the Kellehers and Leehys near Sneem.

One of the Leehys had a bad leg, and was therefore bound apprentice to a shoemaker in Sneem.

On a fair day a solitary Kelleher ventured into the town, and very speedily the Leehys had half-killed and beaten him as well as their numbers would allow.

Suddenly there was a shout, and the poor lame Leehy came hobbling down the street as fast as his wooden leg would permit.

'Boys, for the love of mercy,' says he, 'let a poor cripple have one go at the black-hearted varmint.'

One of the counsel engaged in the Harenc case was Mr. Murphy, who was a near relative of Judge Keagh, and he was a man of ready wit into the bargain.

There was a company promoter from London, who had induced several people to take shares in a bogus concern, and was consequently defendant in an action brought against him in Cork.

He thought he would make an impression on the wild Irish by being overdressed and gorgeously bejewelled.

When Murphy arose to address the jury, he said:--

'Gentlemen of the jury, look at the well-tailored impostor without a rag of honesty to take the gloss off his new clothes.'

Another counsel in the case was Mr. Byrne. He was always in impecunious circumstances despite his legal eloquence, but the lack of a balance at his banker's never troubled him.

Once he took Chief Justice Whiteside to see his new house in Dublin, which he had furnished in sumptuous style.

'Don't you think I deserve great credit for this?' he asked at length.

'Yes,' retorted Whiteside, 'and you appear to have got it.'

Lord Justice Christian, who had declined to sit on the Appeal, was considered one of the soundest opinions in Ireland. When he ceased to be sole Judge of Appeal, he had addressed the Bar after this fashion:--

'As this is the last time I sit as sole Judge of Appeal, it is an opportune time for me to review my decisions. By a curious coincidence, I have been thirteen years in this Court, and I have decided thirteen cases which have been taken to the House of Lords. Eleven of my decisions were confirmed, one appeal was withdrawn, and the last was a purely equity case. The two equity lords went with me, the two common law lords were against me, and when I inform the Bar that my judgment was reversed on the casting vote of Lord O'Hagan, I do not think they will attach much importance to the decision.'

Judge Christian's allusion to the Land Act is most noteworthy, for he said:--

'The property of the country is confided to the discretion of certain roving commissioners without any fixed rules to guide and direct them. In fact, we have reverted to the primitive state of society, where men make and administer the laws in the same breath.'

Reverting to the Harenc estate, a rather amusing account was once perpetrated by a Special Commissioner.

'Never heard tell of Ballybunion?' said his carman to the journalist as on the road they met the carts laden with sand and seaweed from that place. 'Why it's a great place intirely in the season, when quality from all parts come for the sea-bathing.'

As he evidently regarded it as the first watering-place in the world, the Special Commissioner thought he had better see the place, and here is his description:--

'A village perched on the summit of a cliff, an ancient castle of the Fitz-Maurice clan, wonderful caves, and a little hotel are the leading features of the place.

'The morning after my arrival, I experienced a wish to see the cliffs and caves, and no sooner were the words spoken than a figure bearing an unlit torch appeared at the door.

'It was Beal-bo (which may be translated into a somewhat Sioux cognomen--the Yellow Cow). A figure in rags with an inimitable limp, and a fashion of closing one eye that reminds one of Victor Hugo's Quasimodo of Notre Dame. A more intimate acquaintance proved there was much instruction, and a good deal of amusement, to be derived from this strange character.

'The grand cave is Beal-bo's special source of revenue. He regards it as his own property, and takes a pride in it accordingly. This is the theatre of the many wiles he practises upon unsuspecting strangers. When he has lured them into the bowels of the cave, he turns down a gallery, and informs them that they cannot get out unless they cross a pool about five feet wide. When he has his victim upon his back, he seizes the opportunity to levy blackmail, for the pool is a quicksand and he suddenly affects great fear. After he has sunk to the knees in the yielding sand, the tourist is glad enough to give him a shilling to hurry across.

'In another gallery it is necessary for the stranger to cross a pool on a plank which Beal-bo provides for the occasion, and on this he charges a toll. He used to let the water in to deepen the pools before the tourists came through, in order to bring his plank into requisition.

'Suspended on a cliff between heaven and sea, one hundred feet above the water, on all sides were piled the immense masses of masonry, the ruins of which are all that remains of the once proud Castle of Doon. Gazing in awe down the horrid depths of the "Puffing Hole," Beal-bo informed us:--

'"Twas there Brian used to sleep in the day, and come out at night to milk the cows up in the Killarney hills, he and his dog."'

The Special Commissioner looked incredulous, but Beal-bo was confident:--

'"May I never be saved, sir, if I haven't seen him meself, many a night, sir, as he climbed the cliffs backwards to rob the hawks' nests."'

How can even a Special Commissioner dispute an eyewitness?

Still the knowledge that I own a harbour of refuge for Brian will hardly repay me for all the expense and anxiety the Harenc property has caused me.

Before quitting the subject, I can conclude with a more gratifying fact.

At the time of the Tralee election, when I stood as a Conservative, a small clique of mob orators and amateur politicians tried to make political capital out of the history of the Harenc estate, and a priest, Father M. O'Connor, rode the jaded topic to death. The unkindest cut of all to him was the direct contradiction by the tenants themselves of every assertion that their self-constituted champions made on their behalf.

'We, the tenants of the Harenc estate, think it our duty to state that since Mr. S.M. Hussey became purchaser of the above estate, he has in every respect treated us kindly. He was good enough to give us seed potatoes for half the price they cost himself; he also drained our portions of the land at two and a half per cent., employed all the labourers, and paid them good wages while so employed by him. As a landlord we find him liberal and generous.'

To this were appended fifty signatures, and the best part of all is that the whole of the manifesto was absolutely unsolicited by me, proving an unexpected source of pleasure.