| Notes |
- Cork Examiner - Cork - Wednesday, May 18, 1870; Page: 2
INNOSHANNON PETTY SESSIONS-YESTERDAY
(Before Messrs. T. B. Herrick, T.D. Fitzgerald, R.M.)
Mr. J. C. Blake appeared on behalf of Mr. R. L. Tooker, Inspector of Cork District Fisheries, to prosecute William Hornibrook, Sen., Wm Hornibrook jun., Robert Hornibrook, Samuel Hornibrook, Daniel Hornibrook, and Edward Hornibrook, all of Kilpatrick ; Samuel Shine, of Innoshannon, and Christopher D. C. Cole, of Woodview, for having, on the night of the 27th or morning of the 28th April, fished with a net (not used as an auxiliary to rod and line), in part of the river Bandon, where such net fishing is forbidden under a bye law-that is above a line drawn across the river at Kilmacsimon's quay.
Mr. T. K. Wright appeared for the defence.
Mr. Blake stated the case. The Commissioners had, under power given to them by the 5th and 6th Vic, cap. 106, fixed the penalty for this offence at ¹5, and the forfeiture of the net.
Michael Meara, son of Wm. Meara, water bailiff of the district, examined by Mr. Blake-On the night of the 27th April I went out along the river according to previous arrangement with my father. I went by the road to Spratt's stream, and there I heard the noise of ropes and poles of a net splashing in the water. I listened for some time; then I went back to Priest Hole and remained there listening to the net fishing in the hole. I remained there half an hour, and then went down, but saw nobody.
After some time I heard a whistle and went back to Spratt's stream, and saw the water bailiff there and Sub-constables Thompson and Carter. They were at the other side of the river, and I said to them across the river "Did you seize the net that fished Priest Hole ?" He said they did not. He asked me where did they go, and did I know any of the parties ? I said I didn't know where they went,-that I didn't try.
I told him then to go down the river, and he might meet the net. I also told him to go to Bridge Poole. I also went down the road to Bridgepool, and before I got to the pool I saw men standing on the wall at Bridgepool.
I thought they were the police and water bailiffs, but immediately after discovered they were poachers. I saw then what I thought was a man, and on getting nearer to him I discovered it was Mr. Cole, the defendant. He was then about eight yards from the other persons. He was on the road. Mr. Cole said to me, as I understood, " Well, Mick". I made no reply but passed on, I saw a man then having hold, as it appeared to me, of the net, on the wall at Bridgepool.
I thought it was old Hornibrook, but on going on further I found it was the defendant Shine, He was about two yards from me. The net was in the water. I went on further then and saw the defendants William Hornibrook, William Hornibrook - junr., Samuel Hornibrook, Robert Hornibrook and Daniel Hornibrook. (The witness identified the defendants persons, but did not know their names).
The Hornibrook's were round the net. I saw old Hornibrook touch the net. They all ran away, but the little fellow, and I told him he might run us well as the rest, for I knew them as well as him. When they had run away I called the police and water bailiff, and they came up on the other side of the river in some time after.
The net win taken subsequently. I heard men running on the road, and I am sure one or two others went up into Mr. Corcor's wood.
Cross-examined by Mr. Wright-This is my first attempt at a prosecution. My father has been eight or ten years a water bailiff. As a fisher on the river I would always assist to prevent poaching. The night in question was not bright or dark. I did not on that night tell either my father or the police that I had seen Mr. Cole. I gave my father no names that night. I told him I would have nothing further to do with it-that I did not wish to prosecute. I told him that because I had met a party there whom I did not expect to meet when I was going out. That party was Mr. Cole. My father said I must prosecute, and then I said if I were compelled I would. I then told my father that I knew there were four or five of the Hornibrook's and Shine in the fishing party. I did not mention any more names.
Mr. Wright-Why did you not then mention Mr. Cole?
Witness-I told you before I did not want to have anything more to do with it.
Mr. Wright-Why did you not mention Mr. Cole's name ?
Witness-Because I did not want to prosecute him.
Mr. Wright-When did you first say you had seen Mr. Cole there ?-On the Saturday of that week.
The offence was committed on Wednesday night.
Why did you mention it then ?-I knew I could not keep it back when it came to a trial. I heard it rumoured amongst the people that he was there. I could not tell from whom I heard the rumour. I was about, four yards from Mr. Cole when he said " Well, Mick!" He was on the road then. Shine held the net over the wall, the Hornibrook's held the lower part of the net, and the little fellow, Daniel Hornibrook, stood under the rock. I told the police I had seen the men that fished. I did not then tell them I saw Mr. Cole, because I did not want to do so. When Mr. Cole passed me on the road he went towards Bandon. The Hornibrook's went in the same direction. That was between half-past one and two o'clock.
Re-examined-The place where I saw them fishing is within the limits where net fishing is prohibited.
To Mr. Fitzgerald-I did not see Mr. Cole do any net like aiding or assisting in the netting.
To Mr. Herrick-He gave no signal or whistle.
Sub-Constable Thompson deposed that he went out with Sub-Constable Carter on the night in question, and went up the river with the water bailiff. About half-past one o'clock on coining to Bridge Pool heard young Meara call from the other aide of the river. Went up to the railway bridge, crossed over, and then in the adjoining plantation heard a voice calling " Bob." Witness replied " Here, here," and heard parties run through the wood.
Witness followed and caught the defendant Samuel Hornibrook in the wood. Asked him what was he doing there at that unusual hour of the night ? He could give no account of himself except that he was on the road and was coming across. He said he did not take the pathway because he was "afraid of the guard" supposed he meant the railway guard (a laugh). Gave him into custody to Sub-Constable Carter.
When daylight broke, witness met the elder Wm. Hornibrook and his son Robert Hornibrook. Met them opposite where the fishing had taken place. Asked old Hornibrook why he was out at that unusual hour of the morning ? He said the land belonged to him, and he was looking after it. He next said it belonged to the Duke of Devonshire, and he was his tenant (laughter).
In reply to further questions, he said he was going to Innoshannon to write a letter to his sister, who was sick in Cork. When pressed to account for himself, he shook his trousers and said " Look at that." Witness asked what had he to say to it ? He replied "You might be preferring a wrong charge against me." His trousers were quite dry. Took them down to the bridge, and then stated the circumstances to Meara, Asked young Mears had he seen the Hornibrook's then present at the fishing place, and be said he had.
Sub-constable Carter gave corroborative evidence. Saw old Hornibrook, his son Robert and two others whom he did not recognize, come from the direction of the place where Sam Hornibrook was arrested by Thompson.
Wm. Meara, water bailiff, deposed to having found the net spread in the river, ready tor fishing ; seized the net.
Cross examined-Asked my son did he catch them ? He replied that it was an unlucky night for him to hive gone out. He said he didn't want to have anything farther to say to it. After some time he said, with reluctance that he knew four of the Hornibrook's and their father. " There were others there," said he, and he stopped. On Saturday evening I had reported the matter to Mr. Tooker. Simpson said he could not prosecute one party and leave another go. He then said the other party was Mr. Cole's son. That was the first time I heard Mr. Cole's name mentioned.
Mr. Wright here read the reports furnished by the witness to Mr. Tooker. In the first the Hornibrook's and Shine only were mentioned. In a subsequent letter he mentioned to Mr. Tooker his son's positive statement that Mr. Cole was of the party. He communicated that statement to Mr. Cole, senr., and it was contradicted by Mr. and Miss Cole, who said young Mr. Cole was in bed at the time. Subsequently Mr. C. D. Cole (the defendant) came to his (Meara) house, threatened and abused him in the presence of Mr. Dennehy, and bent the door with a stick,
Mr. Cole, the defendant, indignantly repudiated this assertion, and appealed to Mr. Dennehy.
Meara said there would be another court for the trial of that matter.
The case for the prosecution then closed.
Mr. Wright addressed the Bench for the defence. He said be appeared principally for young Mr. Cole. The case depended altogether upon the evidence of young Meara. All the members of Hornibrook's family, except the mother, had been summoned in order to prevent them becoming witnesses. Why Mr. Cole had been included in the summons passed his comprehension. The only evidence against him was young Meara's statement that he saw him on the ground, and that he said "Well, Mick," and passed on. Why then was he put into the very same summons with persons who were not his associates or acquaintances? Was there anything: behind the scenes in the case that induced that man to include that young gentleman in the summons, in order to brand him, in the commencement of his life, with an act bringing him within the provisions of a penal act of Parliament.
He was perfectly satisfied that Mr. Meara, or those who prompted him to prosecute Mr. Cole, would fall in their object. Immediately upon hearing that such a charge was preferred against him, Mr. Cole went before a magistrate and made a declaration that he was not out that night. -His mother and sister would depose that he was in bed that night at eleven o'clock, that the home was then locked up; and his sister, who remained up reading till one o'clock, would state that it was utterly impossible for him to have gone out. He thought that would alter the complexion of the whole case. He would first ask the magistrates to decide that, even if Mr. Cole had been where Meara alleged he met him, there was no evidence to connect him with the fishing.
The magistrates did not consider the evidence brought Mr. Cole within the summons.
Mr. Blake-I fully agree with you, gentlemen. But it looks exceedingly suspicious.
Mr. Wright said he would therefore examine Mr. Cole. It was due to his character that he should be examined. If young Mears were mistaken with reference to Mr . Cole, could they rely upon his evidence in reference to the other defendants? Mr. Wright commented upon young Meara evidence as unreliable and uncorroborated.
Mr. C. D. Cole was then sworn and examined by Mr. Wright. He said-I was not fishing that night. I did not see young Meara at all that night. I went to bed about eleven o'clock, and did not get out of bed until nine o'clock the following morning.
Mrs. Hornibrook was then tendered as a witness for the defence of her sons, but as she had been in court during portion of the trial, contrary to an arrangement entered into at the commencement of the proceedings her evidence was not received.
,
William Meara, recalled by Mr. Fitzgerald, said it was when the police asked his son had he seen certain persons at the fishing place, he first gave the names of the Hornibrook's.
Mr. Herrick announced that Michael Meara having gone out to assist his father to capture persons suspected of using the net, and not having mentioned the names of any of the party to his father-he might have excluded Mr. Cole for particular reasons-until the names were suggested by the police ; and Mr. Cole having sworn that he was not near the river at all that night but was in bed at the time-the Bench considered that these circumstances created a doubt in their minds, of which they were bound to give the defendants the benefit. They, therefore, dismissed the case.
The net and some other things found on the river bank were forfeited.
William HORNIBROOK William Edward HORNIBROOK Robert HORNIBROOK Samuel HORNIBROOK
Daniel HORNIBROOK Edward (Big Ned) HORNIBROOK
The Hornibrook family lived somewhere in the South Side of the City but as the family fortunes went down the drain they moved to Peacock Lane. I don't think all the children were born there.
On 1901 census Edward Hornibrook, Head of family, Church of Ireland, could read and write, Aged 38, Labourer, Married, born Co CorkThey were living in 2 Dean St. behind St Finbarr's Cathedral when the 1901 Census was taken, So all the children up to and including Annie (1900) would have been born on the South side. Not sure when the move came to go to the Northside but by 1911 they were living there.
The house is listed as being a 1st Class house as it had 13 or more rooms, and had six windows in the front of the house. It housed five families with the Hornibrooks having 3 rooms.
1901 Census of Ireland, 2 Dean St.
Edward Hornibrook, Head, C of I, R&W, Age 38, Labourer, married, born Co Cork
Teresa Hornibrook, Wife, C of I, R&W, Age 34, H keeper, married, born Cork City
Ellen Hornibrook, Daughter, C of I, R&W, Age 13, Scholar, not married, born Cork City.
William Hornibrook, Son, C of I, R&W, Age 11, Scholar, not married, born Cork City.
Teresa Hornibrook, Daughter, C of I, R&W, Age 9, Scholar, not married, born Cork City.
James Hornibrook, Son, C of I, Read, Age 7, Scholar, not married, born Cork City.
John Hornibrook, Son, C of I, Cannot Read, Age 5, not married, born Co Cork.
David Hornibrook, Son, C of I, Cannot Read, Age 3, not married, born Co Cork.
Annie Hornibrook, Daughter, C of I, Cannot Read, Age 1, not married, born Cork City.
Have checked the 1901 film numbers 0815084 covers Dean St this is listed on the top LHS corner of the copy from Eileen of the Census. I checked the 1901 street index at the LDS and this has Dean st as mentioned and the other Deane St by the Bus Station has a different Film no so is thus ruled out.
Because of this all of the children up and including Annie where not born on the Northside and most probably were born in Dean St.
1911 Census of Ireland
4 Gerald Griffin Ave.
Edward Hornibrook, Head, C of I, Read & write, age 50, General Labourer, Married, born Cork City.
Teresa Mary Hornibrook, Wife, R C, Read & Write, age 44, Married, years married 25, total children born alive 14, children still living 10, born Cork City.
Ellen Hornibrook, Daughter, C of I, Read & Write, age 23, Single, born Cork City.
William Hornibrook, Son, C of I, Read & Write, age 21, General Labourer, Single, born Cork City.
James Hornibrook, Son, C of I, Read & Write, age 17, General Labourer, Single, born Cork City.
John Hornibrook, Son, C of I, Read & Write, age 15, Single, born Cork City.
David Hornibrook, Son, C of I, Read & Write, age 12, Single, born Cork City
Annie Hornibrook, Daughter, C of I, Read & Write, age 11, Single, born Cork City.
Susan Hornibrook, Daughter, C of I, Read & Write, age 8, Single, born Cork City.
Mary Hornibrook, Daughter, C of I, Read, age 6, Single, born Cork City.
Edward Hornibrook, Son, C of I, age 4, Single, born Cork City.
Elizabeth Hayes, Servant, R C, age 70, General Servant domestic, Widow, born Co Kerry.
Also on census an Elizabeth Hayxx (Hayes) , Servant, R Catholic, Aged 70, General servant domestic, Widow, born Co Kerry.
Ned had about 10 brothers some of whom went to Australia Cousin Freddie Hornibrook, (Freddie was Tessie's, Uncle John's son) contacted the family a few years ago with the link and Tessie also mentioned that there are Hornibrooks in Perth WA who are builders and descendants of the family.
One of these a daughter called Virginia married a Tim Bell in England who was subsequently made a Sir by Margaret Thatcher. Then a Lord Tim Bell by Prime Minister Tony Blair.
His name was Tim Bell who became Sir Tim Bell and Is now Lord Tim Bell. Margaret Thatcher was a fairly recent Prime Minister of ours and this marriage took place in a fashionable part of London where they are presumably still living.
Lord Bell, aged 61, Chairman Chime Communications. www.chime.plc.uk
Tim Bell is one of the best known figures in the United Kingdom communications industry. He helped found Saatchi & Saatchi in 1970, and as International Chairman he took Saatchi & Saatchi into its position as the first British number one worldwide advertising agency in 1981. He successfully ran the publicity campaigns for the Conservative Party for the general elections in 1979, 1983 and 1987. He was appointed deputy Chairman of Lowe Howard-Spink & Bell plc in 1985 and remained in that position until the formation of Chime Communications in 1989. He advises the chairmen of many of Britain's leading companies and organisations, as well as foreign heads of state and international business leaders and politicians. He was awarded a knighthood in 1990 by Lady Thatcher in her resignation honours and a Peerage by Tony Blair.
1885 Marriage solemnised at the Parish Church in the Parish of St Anne, Shandon in the City of Cork.
No - 156
When Married - May 10 1885
Edward Hornibrook, Full, Bachelor, Driver, 22 Old Chapel Lane, Father - William Hornibrook - Farmer.
Teresa Neenan, Minor, Spinster, 42 Clarence St, Father - James Neenan - Shop Keeper.
Married in the Parish Church according to the rites and Ceremonies of the Church of Ireland by licence by me NJ Galnedy.
In the Presence of us William Hornibrook and Eliza Hornibrook.
Tessie thinks that they may be 17 children in total
Ned death register entry from Dublin.
Death
Superintendent Registrar's District Cork, Registrar's District Co ?
1936 Deaths Registered in the District of ?, in the Superintendent Registrar's District of Cork in the County of Cork
No 247(?)
Date and Place of death - 1936 Twentieth May, 4 Gerald Griffin Avenue, Cork, CB.
Name and surname - Edward Hornibrook, Sex - M; Condition - Married;
Age last birthday - 68 years; Rank Profession or Occupation - Labourer,
Certified Cause of Death and Duration of Illness - Myocardial Degeneration Hypostatic Congestion of Lungs, 14 days, Certified.
Signature, Qualification and Residence of Informant - Teresa Hornibrook Widow Present at Death 4 Gerald Griffin Avenue.
When Registered - May Twenty Fifth 1936.
Signature of Registrar - M A Shinkwin.
This is from the Hornibrook Grave in Brinny Churchyard
HERE LYETH THE BODY
OF EDW HORNIBROOK
WHO DEPARTED THIS
LIFE OCT 14TH 1809
AGED 65 YEARS
ALSO HIS SON EDW
WHO DEPARTED THIS
LIFE NOV 21 1811
AGED 19 YEARS
ED HORNIBROOK
DIED 20 MAY 1936 AGED 80 YEARS [12, 16, 21, 22, 23, 24, 25]
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1855 - 1936 (80 years)
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: County/Shire
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