Placentia has had a magistrate since 1729.

In 1728 the British government decided to set up a sort of civil government in Newfoundland on the recommendation of the navy. The commander of the naval fleet, sent out seasonally to protect the fishery, was given a commission to act as governor during the fishing season and to appoint magistrates from among the resident population. He would live aboard his vessel and return home in the fall and they would keep order in the winter.

At the time, Newfoundland's status was designated as a "fishery". It would only later become a "plantation", still later a "colony", then a "dominion", and finally a province of Canada.

So, why did this low-status "fishery" deserve any form of civil government? It was because a resident population was emerging despite every effort of the British government and the fishing interests to the contrary. In the last skirmish with the French many of those residents, especially the Irish, had shown a deplorable lack of loyalty. In St. John's some residents, lead by William Kean, were banding together and operating their own, rather republican form of government. One way or another, Great Britain feared losing its "fishery" if something wasn't done. There was another reason particularly related to Placentia. Recently taken from the French, Placentia was under the control of Colonel Gledhill, an army officer, singular in his methods and proposing to be the ruler of all of Newfoundland. The British navy, traditional guardians of the Newfoundland fishery, couldn't allow that.

Governor Osborne, the first of these naval governors, did what he was told. He appointed magistrates, or "winter justices", as they were called. However, he didn't have much faith in those from which he had to choose. He wrote to a superior advising that "...The best of these are but mean people", and that no sooner would he go home than they would do just what they liked.

Placentia was one of the original districts, running from Cape Pine on the east to Placentia and the Western side of Placentia Bay.

The list of appointees for 1729 has been lost but the list for 1732 remains and it is safe to assume they were the same people.

There were three magistrates appointed for the Placentia District: Peter Signet, (who died within a couple of years), Thomas Salmon, and Thomas Buchannan. Three constables were appointed to act as police under their supervision - Laurance Hardin, Henry Huxford, and John Brand. (Ref. Folkingham Report, Prowse, History of Newfoundland, p.301)

These early magistrates had very difficult times when the naval fleet sailed away in the fall. Among their assigned tasks were the duty to build jails, erect gallows, stocks and whipping posts. However, they had no money to do these things. They did not have the power to tax the fishery but could tax individuals. They received no salaries but took part of the fines as fee.

The Placentia magistrate must have found a bit of money somewhere because, between 1742 and 1755, there was a scaffold erected here. ( Jean Pierre Proulx, National Historic Parks and Sites).

There was a great deal of resentment toward these magistrates. The seasonal fishing captains resented them because they were used to the arrangement whereby the first captain to enter a harbour became the ruler for that season, the "fishing admiral". These fishing admirals didn't want their power taken away by a resident whose only source of authority stemmed from a commission granted to the naval commander by executive order. They argued that their power came from a more legitimate source, parliament. They insisted on continuing to hold their own courts, deferring only to the governor's subordinate officers, or surrogates, when they visited during the season. The few merchants and merchant's agents, who found it more convenient to manage their fishing interests from the Island, didn't like them at first either. Like the fishing captains, they didn't appreciate anyone interposing himself between themselves and the poor man. However, the merchants were soon to discover that if the magistrates were themselves, or people they could control, that would solve the problem. After seeing this, they had no further trouble accepting the new judicial arrangement. The early magistrates were merchants, merchant's agents, doctors or clergymen.

They performed all the functions of government. In addition to judging, they supervised policing, welfare, customs, education, health and municipal affairs. In time of war, they were expected to be the military leaders, like Charles Garland in Carbonear and Robert Carter in Ferryland.

In 1762 John Broom was appointed magistrate for Placentia. He had come to Newfoundland as a young midshipman with Captain Cook, the famous navigator and chart maker. He transferred to St John's later and eventually was appointed chief magistrate for the whole Island, and acted as Chief Justice for the whole Island when there was no other in residence. He died February 3, 1836, aged 81. In his obituary, it was said of him that only one of his decisions was ever overturned by the Supreme Court.(Ref.Crosbie, Book of Vital Statistics, 1831-72, quoting from the Times, February 3, 1836)

When Broom was transferred, Robert Edgecombe and a man named Haddock were appointed magistrates. At this time Irish Catholics were been harassed. Magistrates were all Protestants and it was one of their duties to see to it that life was made especially hard for the Irish. It is too long to go into it here, but it should be said that the Irish had brought some of it on themselves. In 1752 a group of them had killed William Kean, the St John's merchant and magistrate who had been instrumental in getting at least this much government for Newfoundland. Thereafter, there was a panic and the number of Irish in Newfoundland became noted with alarm. The poor Irish, stranded on this Island, suggested the development of a disloyal resident population. Irish were not allowed to own land, hold religious services, have a house with a chimney in it, have a house with too many people in it, have the spiritual comfort of priests, or hold public office.

It was no use for an Irish Catholic to swear allegiance to the British Crown. The authorities believed that he would be excused from such an oath by his priests, and his church, that it wouldn't bind his conscience. Consider Robert Edgecombe's oath, taken when he became a magistrate. In this way the authorities tried to assure themselves that he wasn't Catholic:

"I, Robert Edgecombe, do declare That I do believe there is not any transubstantiation in the sacrament of the Lord's Supper of bread or wine at or after the consecration thereof by any person whatsoever." (Ref. Placentia Court Records,[vol.1] Sept.1776 to July 25, 1786)

In 1764 Edgecombe and Haddock were reprimanded and dismissed by Governor Palliser. It wasn't because of their lack of zeal in pursuing Irish because Palliser was the most anti-Irish of all the governors. Rather, it is said that they had been behaving in a high-handed fashion and administering the law erratically. They were levying taxes on the residents. They were fixing prices on the goods to be sold to the fishermen. It wasn't that they couldn't do these things. Price controls were being imposed in St John's at that time and taxes levied under the governor's direction. Their tax was levied for repair of the burying ground and relief of the poor. Here in Placentia the taxes and the price controls seemed to favor the upper classes.

In court Edgecombe and Haddock had heard the case of Simon Honeyburn v. Lawrence Reilly. Honeyburn was a master who claimed his servant Reilly had struck him. Reilly said Honeyburn had held back his wages, using the excuse that he had been neglectful of his duties. All was decided in favor of Honeyburn and Reilly was ordered to apologize. When he refused he was placed in the "black hole" at the guardhouse for 24 hours. Similarly, in the case of Collins v. Green, the court showed favor to the merchant.(Ref. Placentia Court Records, 1761-1764)

Jervis Gossard, Richard Brarthwaite and William Bennett were appointed to replace Edgecombe and Haddock.(Ref.Prowse, History of Newfoundland, p.316)

In 1774 the first courthouse was built in Placentia. (Ref. Prowse, History...p.653). It was located just to the west of the present Anglican church, and can still be seen in an old photograph on the wall of the dining room in the Harold Hotel. Previously, court was held in the public house (tavern) belonging to John Murphy, who received 20 shillings for the rent of this room.(Ref.Placentia Library Archives)

In 1775 Magistrate Jervis Gossard wrote to Robert Pringle, military engineer, about the flooding that had occurred in Placentia on September 11th. " "We beg leave to acquaint you that on the 11 inst. between the hours of nine and ten at night, we had a violent gale of wind of the best part of the night; and by its violence and the rising of the water, every house in this place has some two, three or four feet of water in them. Everyone is obliged to move up to the Garret." (Ref. "the Placentia Area", Decks Awash, May-June, 1988, p.7; see also, the Evening Telegram, Dec,22-25, 1983?)

In 1779 Governor Edwards ordered the magistrates to conduct the first census. There was found to be a population of almost 11,000. (Ref.Pedley, The History of Newfoundland, p.130)

1786 was a blessed year for the people of Placentia. They were touched by royalty that summer, and for awhile had a prince for a judge, a future king of England - Prince William Henry, the "sailor king". As part of his training to be king, and indeed, his only training, Prince William Henry was assigned as an naval officer that year and accompanied the fleet to Newfoundland.

Nominally, he was subordinate to the governor who, as I said earlier, was chief judge during the fishing season. He couldn't be everywhere at once so his subordinates, the naval officers commanding the other ships of the guardian fleet, traveled the coast as his surrogates, inspected the work done by the resident magistrates, oversaw the admirals court, and acted as court of appeal. Later, those "surrogates" would become land-based residents appointed from among the senior magistrates, and the first of the magistrates to become salaried officials. But in 1786 they were still itinerant naval officers.

The bachelor prince had a pleasant stay here and it is said that the blood of royalty flows in the veins of some of the people ever since. He certainly enjoyed the strong drink here. On the 21st of August, 1786 he celebrated his 21st birthday, his coming of age by getting loaded drunk with the other officers of the ship, Pegasus. The previous day, the crew were allowed ashore to buy liquor. Additionally, they were given a double allowance of grog on the morning of the birthday party. The Prince got loaded during the meal with the officers in the gun room, and in the afternoon attempted to crawl his way up to the main deck and so gain his own quarters. No sooner had the crew spied him than they hoisted him on their shoulders and started running with him from one end of the deck to the other, just barely missing connecting his head with the beam each time. Finally, his 14-year old servant managed to get the drunken crew to let down the drunken prince.(ref.The letters and papers of Sir Thomas Byam Martin, Navy Records Society, vol 24) However, I digress, since I mean to dwell upon his legal achievements only.

He didn't find the two magistrates of the town conducting affairs as they should. Doctor John Brown and Alexander Wilson had been letting the Catholic Irish use the new courthouse as a place of worship since 1780, and letting them bury Catholics in the Protestant burying ground. Only two years before had Catholics formally been granted freedom of worship. They still hadn't a church in Placentia and still didn't enjoy much religious toleration. During his time in St. John's, Prince William Henry had become enraged upon seeing the future Bishop O"Donel walking in the street outside the billiard room and had hurled a heavy object at him, hitting him in the shoulder. Now arriving at Placentia, he wrote an angry letter to Governor Elliot expressing his disgust that the priest was being shown more respect than the two justices. Prince William Henry didn't quite appreciate just how numerous the Irish were, how much trouble they could be when the fleet and the armed marines sailed away. In short, he didn't appreciate political reality, and in fact, that's why he was hurried off to Placentia. The political reality was that there were more Irish Roman Catholics than there were Protestants. In 1763, out of a permanent resident population of 7500, there were 4795 Roman Catholics and 2705 Protestants.

He found the two magistrates timid when it came to quelling civil disorder. There had been some sort of Irish brawl (possibly a faction fight) on the beach and the magistrates seemed reluctant to intervene, especially since they only had a constable or two to back them and especially since they had to stay there the next winter.

Prince William Henry decided to give them a demonstration of how law and order should be restored. Backed by a body of armed marines, he came ashore and had the suspected ringleader seized and flogged on the very site of the riot.

"The next day," to quote Judge Prowse, "upon inquiring into the matter, it was found that he had flogged the wrong man."(Ref. Prowse History, p.) Back home in England he was known as `Silly Billy'. It was suspected that his naval training left him rather uncouth, and, as Beau Brummell was wont to say,'...only fit to walk about on a quarter-deck and cry "Luff!"'(Ref. White, T.H.,The Age of Scandal, Penguin Books Ltd.,Harmondsworth, Middlesex, England:1966,p.67)

A man named Foley was said to have broken the constables' windows. Prince Willliam Henry had him flogged also. The Irish grew angry at this treatment and when they gathered in the evenings at the tavern known as the "Yellow House" there was much grumbling and at least one man, Geoffery Flynn, was heard to speak of open insurrection.

But the Prince was undaunted. He moored his ships in the roads in such a way that the guns were trained squarely on the little, angry town, and "...with a spring on the cable", to accommodate the recoil, he awaited the showdown that never came. (Ref. Placentia Library Archives, papers of H.W. LeMessurier, ed by C.R.Fay)

At the end of the fishing season Prince William Henry sailed away without igniting the rebellion that he had so carelessly encouraged. Eventually, Dr. Brown left also. In 1792 he succeeded William Spurrier as magistrate in St.Marys. (Ref. Mike McCarthy, "History of St Marys Bay", p 67.)He may have been elevated to surrogate by this time, 1800, and still exercise a supervisory role over the Placentia court.(Ref.O'Reilly, "Historic Placentia", Newfoundland Quarterly, Vol. VI, No. 2, [Oct. 1906],p.11) Dr. John Brown was the grandfather of Prime Minister, Sir Hugh Hoyles. (Ref. Prowse, History...p.653)

At the turn of the century the Anglican clergyman, John Evens, was also the magistrate for Placentia...at least until that summer. In August George Ryvers, the naval surrogate, made a visit of inspection. He opened court and promptly dismissed the unfortunate Evens from both posts. It wasn't that he had performed badly as a magistrate, but he was found to have been "beastly drunk in the pulpit". (Ref.Placentia Court records,[vol.2] Aug. 1786 -Dec.29,1802)

In 1800 Dr. Francis L. Bradshaw and Josiah Blackburn were made magistrates in Placentia to replace Evens, and were also expected to conduct divine services for the Church of England people also, at least until a clergyman could be recruited. They were still conducting divine services in 1803. For the next seventy years or more the Placentia magistracy was controlled by the Blackburns and the Bradshaws, especially the latter family.

Dr. Francis L. Bradshaw ]was an ex-naval surgeon who had been first appointed a justice of the peace in Trepassey in 1792. Smalllwood's Newfoundland Encyclopedia records that he served as a magistrate for 18 years, then made the mistake of asking to be paid for the performance of his judicial functions. He was refused and removed from office at once, but still continued to practice medicine in Placentia until 1825. He was married to Sarah Hart.

However, still other Bradshaws continued to hold the post of magistrate. In 1837 a William G. Bradshaw,"licensed magistrate", officiated at the wedding of Joseph(Josiah) Blackburn, son of old Josiah, to Mary Walden Tucker. He was the son of the senior Francis L. Bradshaw. He died December 29, 1880

In 1836 there was another Francis L Bradshaw in Placentia. He and Josiah Blackburn were members of the first school board for the district.

1845 was the year of the last of the "faction fights" in the Placentia area. This one, culminating in the case of Hogan v. Walsh, involved the parish priests of Placentia and Little Placentia, as well as Patrick Hogan who was Roger Sweetman's overseer. Fr. Pelagius Nowlan (Nolan) (1784- 1871) was parish priest in Little Placentia and was for Hogan.. He was from Kilrush, Co. Wexford. He and his supporters didn't like Kilkenny men. The parish priest in Placentia was Fr. Walsh from Kilkenny. After the jury acquitted Walsh's men, Bishop Fleming saw fit to transfer him. He was supposed to be sent overseas but Fleming used the same scheme he had used earlier when politics dictated that Father Troy be similarly transferred. Father Walsh was sent to Merasheen. (Ref. Placentia Library Archives, John Mannion, "Irish Merchants Abroad".)

In 1850 F. L. Bradshaw was stipendiary magistrate in Placentia, receiving 100 pounds a year for the job. He and his brother sat on the Protestant Board of Education, and he was one of the trustees overseeing the Commercial School at Great Placentia. Luke Collins was the Clerk of the Peace at the courthouse.(Ref. Journal of the House of Assembly, 1850, Appendix, p.21; see also; Tocque, Philip, The Newfoundland Almanac for the year 1849, p. 28, Nfld Room, 317.18, NR Vault) Bradshaw continued to be the magistrate until at least 1865 because it was he who was assigned to investigate the complaint of Croucher, the would-be politician who had lost the election to Thomas O'Reilly. According to the census of 1864-65 the other member of the legal fraternity at that time were Samuel Collins, jailer, John Sinnott, stipendiary constable and cooper, and William G. Bradshaw, preventative officer, and sub-collector of customs.

In the Anglican cemetery in Placentia there is the gravestone of one,"F. Bradshaw", who died September, 1870. (I've seen other accounts stating that this man died "May 9, 1872, age 75" and alternately, "March 9, 1873".

Josiah Blackburn Sr. started his career as carpenter for the military establishment and ended his days as a merchant and magistrate. He died, c. 1822. His wife, Margaret died Dec. 9, 1842. Her obit. recorded she was the widow of Josiah Blackburn Esq., who for 46 years was master carpenter of the Ordinance Department at Placentia, and for 22 years magistrate. (Howard, Vital Statistics...The Royal Gazetted and Newfoundland Advertiser, p.163) In 1810 his second daughter, Margaret, married Luke Collins, Sheriff of Placentia.. Howard, Vital Statistics, Royal Gazette and Newfoundland Advertiser, p.1.) His son, Joseph, (Josiah), who married Miss Tucker, was magistrate in St. Mary's and was later transferred to Grand Bank by 1849. He was a water-colorist and some of the early paintings of Grand Bank are his.(Fizzard,... History of Grand Bank....)

When Bradshaw died in 1870 he was replaced by Dr Adam J. McKenn who may have been transferred here from Bay Bulls. All the remaining outport magistrates were on salary in 1872.(Ref. Garfield Fizzard, Unto the Sea, a History of Grand Bank, 1987, Grand Bank Historical Society, p.123) Dr. McKenn died May 1,1877.(Rochfort, Misc. Directory for Newfoundland, 1874-'75; and the Newfoundlander, 1877)

Between the years 1877 and 1927, a period of fifty years, the Placentia magistracy was in the hands of the O'Reillys, first Thomas O'Reilly and then his son, William. In this era the present court house was built. In the late 1880's a Grand Jury listed the Placentia court house as among those in the worst state of repair on the Island. The corner stone for the present court house was laid June 26, 1902. The architect was probably William H. Churchill, as it was one of a series of similar courthouses being built at about the same time under his direction. One of its remarkable features is an off-center clock tower, which originally was a pointed tower, but was later replaced by a flat top. In addition to the magistrate's office and court room on the second floor, the building also contained the postal and customs office, a constable's residence, and a jail. It was not called the court house, but was referred to as "the new general building." (Ref. Placentia Library Archives)

Thomas O'Reilly is one of the most famous sons of Placentia, since it was he who started the Star of the Sea Association in 1876, and was its president until his death in 1897. His activities relating to the Star are so well known that they can be passed over here in favor of a glimpse at the other aspects of his life.

He was born in 1839, the son of John O'Reilly and Hannah (Roach) O'Reilly. His father was the lighthouse keeper at the Cape and was also a member of the first school board for the district in 1836.

When Thomas grew up he became a school teacher. In 1856, when he was just 17 years old he opened a commercial school here in Placentia, in a room 30' by 16'. Between 90 and 120 students attended. By 1859 he was receiving 70 pounds per year. (Ref. Journal of the House of Assembly, 1859)

In 1862 he decided to seek election as a candidate for the House of Assembly for Placentia-St Mary's. In order to do so, he had to resign his teaching post. When he lost the election, the parish priest of Greater Placentia, Father Condon wouldn't give him back his school.

Little Placentia (Argentia) had its own school board and its own parish priest, Father Nolan, of whom I've already spoken. The school board there hired him. This wasn't surprising because Father Nolan favored him. Also, he had married an Argentia girl, Sarah Phoran, the daughter of the merchant, William Phoran. There was a final quarrel erupted when Thomas refused to hand over the key to the school house in Greater Placentia to his successor in office, Francis Curtis.

In 1865 he again tried his hand in politics. He was one of four candidates who sought the three available seats for the district, and together with Ambrose Shea and Pierce Barron was successful.

The loser, James Croucher was the only Protestant running, but he had at least one strong friend - Father Condon. Father Condon persuaded Croucher to petition the House of Assembly to set aside O'Reilly's election. Indeed, Father Condon went to the House of Assembly himself in support of the petition, where he told the members, "It is from his character that I am unfriendly to him."

After leaving politics, Thomas O'Reilly was appointed magistrate here in Placentia.

I will not bore you with a detailed account of his doings as a magistrate but will pause to tell you of several trials that may have lingering interest.

During the first week of July, 1888 the government cruiser, Ingraham, while enforcing the provisions of the Bait Act, captured two French bankers off Cape St Marys, the Amazon and the Virginia. They were towed into Placentia and their captains and crews of approximately thirty were imprisoned here.

The Bait Act of a century ago was an earlier attempt to limit foreign fishing. The Bank fishery then was a hook and line fishery, and a good supply of fresh bait was essential. The provisions of the Act prohibited Newfoundlanders from selling bait to foreign vessels and forbade them from coming in close to the coast where the necessary squid, herring and caplin were to be had. It had the support of most Newfoundland fishermen, except those in areas like Fortune Bay where good money could be made from the sale of bait to foreigners.(Ref. letter to the Evening Telegram, July 3, 1888)

Returning to the case, the Telegram of July 12,1888 reported

"Mr P.J. Scott goes to Placentia to defend the French bankers captured by the Ingraham off Cape St Mary's. Attorney General Winter for the Crown. We hope the latter gentleman will not allow the whole business to be bungled as he did the case of the Ambrose H.Knight".

(The Ambrose H. Knight was an American vessel and her skipper Duggan was acquitted in St. John's earlier when the Crown failed to produce the evidence it needed to gain a conviction.)

The trial took place before Magistrate Thomas O'Reilly and the case was in fact prosecuted by a Mr Greene Q.C. who either replaced the Attorney General or assisted him. It lasted several days and wasn't concluded until Saturday evening. Mr. Scott was unsuccessful in his line of defense which was that the arrest was illegal in that the vessels were boarded without reasonable and probable grounds, but rather on mere suspicion. On the substantive issue, the French witnesses swore that the caplin found on board were taken off Miquelon, except for a barrel of caplin to eat.

Convictions followed and both captains were fined $200.00. What was more significant by far was that both vessels were ordered forfeited to the Crown and were towed away to Burin. This latter penalty caused a furor.

The appeal was heard in the Supreme Court in St John's on November 28, 1888 before Mr. Justice Little. The convictions and fines were upheld but it was held that there was no jurisdiction under the Bait Act to order forfeiture or confiscation.

The Wreck of the Morna

Wrecks form a rich part of Newfoundland history and you shall hear about one that happened in the vicinity, and the court work that followed.

On the evening of August 7, 1888 the brigantine, Morna, en route from Glace Bay, Nova Scotia to St John's with a load of coal, ran aground on Point Latine, about two miles from Little Placentia. The ship was under the command of Captain Bartlett and was owned by John Woods and Sons, merchants and shipowners of St John's.

Boats and men came from everywhere around and removed the coal and carried it away. On August 17 Judge Prowse was sent out to investigate the allegations of wrecking and plundering and on August 22nd he and Magistrate O'Reilly conducted court proceedings in Placentia in relation to the wreckers.

On August 28 the Evening Telegram reported the plundering trial was concluded and that David Bruce was convicted and sentenced to four months. Richard Sparrow received six months, James Cunningham two months, and Denis King was fined $50.00.

This wasn't exactly the last word. In November the Telegram published an anonymous poem from a writer in Placentia expressing regret only for the fact that the Morna would never be able to go to Glace Bay for more coal.(Ref. The Evening Telegram, Aug. 11, 17, 22, 28, and Nov. 27, 1888)

Thomas O'Reilly died at the age of 58. He was predeceased by his wife, Sarah who had died in l887, although he may have been married a second time. He was survived by this wife and eight children, four sons and four daughters. His oldest son was the priest, Rev. Dr. O'Reilly. William, another son, took his place on the bench. There was a son, Patrick, and yet another Judge Prowse wrote his obituary in the Evening Telegram, Feb. 22, 1897.

His headstone in Placentia cemetery reads:

"In every capacity he strove for the public welfare and the support of the church of which he was a most exemplary member."

Thomas was a good orator and a very active member of the community. In October, 1890 the Savings Bank opened a branch in Placentia and Magistrate O'Reilly was placed in charge of it. In 1891 he was master of ceremonies at a fund raising event held at the Star in aid of repairs to the Anglican church in Placentia.

Writing in the Evening Telegram Dec. 7, 1892, a visitor to Placentia described an evening at the Star Hall attending a variety concert, which concerts were weekly events. He said, "...an address by the worthy Magistrate T. O'Reilly Esq. was delivered in so clear and logical a style as to produce present and permanent good.

This gentleman appears to take the lead in things social, for we were informed that in addition to the interest taken in the weekly entertainments, a few days since he gave an interesting and instructive lecture on the theme of "Christopher Columbus"."

Edward Sinnott, the father of Magistrate Michael Sinnott, held the position of Acting Stipendiary Magistrate for some time in 1897. (Ref. Evening Telegram, July,1,1897). According to the Telegram, he heard the case of the sailor who bit the nose off a shipmate.

Perhaps it was politics that returned the magistracy to the O'Riellys. Mr. Edward Sinnott was elected Member for this district in 1919 and was appointed to the Legislative Council in 1928.

After standing as the Liberal candidate for Placentia in April, 1897, William O'Reilly(1871-1928) was given the post of magistrate later that year. and held it until 1923. He would have overseen the building of the present courthouse. He built and owned "Brefrey House"(ref. Evening Telegram, Aug.2,1915) now re-christened "O'Reilly House, which was later taken over by the government, and continued as a magistrate's residence until the death of retired magistrate William Linegar. In 1906 he wrote an essay, entitled "Historic Placentia", which essay has already been referred to in this talk. When Archbishop Roach returned to Placentia for the first time in his new role, part of the reception was held in the front of Brefrey House. When the Governor visited in 1919, he lunched there with the magistrate and Mrs O'Reilly, on whom he had just bestowed the title, M.B.E.

Like his father, William O'Reilly was also called upon to deal with an international incident, this one also involving the French nation. During the summer of 1907 a French Banker, the Henri de Concole entered Placentia Bay and was soon seen burning off Angels Cove. The 24-man crew rowed ashore after setting her ablaze themselves. Upon landing a 16-year old among them immediately died. The captain, owner and crew explained that they had encountered adverse conditions ever since leaving France, that the topsail schooner had eventually sprung a leak on the Grand Banks, that they had been lucky to get in this close to land, that the crew refused to keep bailing and that they all feared the ship would sink. The captain explained that they had fired the ship only to prevent it becoming a shipping hazard. The boy they said, had been sickly since leaving port. The officers were held in custody for awhile; then the government in St. John's ordered their release.

Magistrate O'Reilly was succeeded by Michael Sinnott(1871-1965) a Placentia man and another President of the Star of the Sea Association, and a founding member of the of the Ancient Capital Historical Society, formed in 1937. He was the son of Edward Sinnott and once sat in the House of Assembly as a Smallwood cabinet minister for a short period of time. However, he failed to win his seat, being defeated by Leonard Millr in 1949, (Smallwood, Encyclopedia...v.5) He died in 1965 at the ripe old age of 94.

In Magistrate Sinnott's time the Placentia District included from St Shott's, exclusive to Marystown, exclusive. There were three magistrates for this district, one assistant-magistrate at Baine Harbour, another at St Mary's, with the chief magistrate, Sinnott, sitting at the town of Placentia. In 1935 Magistrate Sinnott was told his salary as chief magistrate in the district would be $2500.00 per annum, rising in annual increments to $3500.00.

In the present day, if they think about it at all, people think the concept of judicial independence is a time-honored abstraction, but no more. It is there for the protection of the public, and was not always so honored.

When Magistrate Sinnott was appointed, judicial independence was not a matter of major concern to the Department of Justice. He was upbraided by the Deputy Minister in 1924 for accepting the testimony of a particular witness over that of another. The official wrote, "Against such (prosecution) evidence I would not take the oath of -- no matter how reputable a character he bore, and I am surprised you took it with your special knowledge of the people of Argentia and of the illicit trading in liquor in that place."

The next magistrate was William Linegar, a St John's man and a noted long-distance runner in his youth. He transferred here sometime after 1939, after spending two years in Harbour Brenton. He was the first Placentia magistrate who was also a lawyer. A lawyer was surely needed in the post then, since the American arrival at Argentia was just around the corner.

As you know, between 1935 and 1949, self-government in Newfoundland was suspended in favour of rule by a Commission. There were no politicians, no House of Assembly, no elections. During this period magistrates were assigned to represent the Commission on every aspect of government in the outports. They were to oversee the work of all departments of government in their districts, send regular reports and even pictures, as each one was issued a camera. They became transferrable and were given housing. In short, they returned to the same high status they had enjoyed in the days of the naval governors.

In the Placentia District, Magistrate Linegar acted for the Commission in a great many of the transactions concerning the arrival of the Americans and their occupation of our lands. It could be said that he was also involved in international affairs. He also oversaw recruitment for war service.

Besides the strictly judicial, Magistrate Linegar had a great variety of issues to consider. On the one day he might be issuing orders to the Ranger to enforce the rule that bulls be castrated; the next day it might be the yoking of goats. He was Chairman of the Health Board and supervised the activities of the nurses and doctors stationed around the Bay. Similarly he took the place of a school superintendent. There was a complaint from one of the communities on the Western shore that the school master was refusing to adjust the clock to Anderson's time, and while some of the community was supporting him, it was causing a great deal of confusion, and could he, the magistrate, drop a line or two to this singular teacher and make him conform with the rest of Newfoundland.

Magistrate Linegar tried to respond to all correspondence. The following is his answer to a lady in Arnold's Cove Station in 1943.

"Dear Madam,

I have for acknowledgment your letter of the 1st. inst, but regret to inform you that I find it impossible to understand from it just what you are complaining about. It appears from your letter that someone is saying something about you, and you want me to write someone to stop doing so. I have to advise you that Magistrates do not take sides, by correspondence or otherwise, in any matter which might later be a cause for litigation.

I think I should point out to you, by the way, that you are not permitted to use envelopes marked "On His Majesty's Service", when sending your own personal mail. This is an offence punishable under the laws of this country. Yours truly,"

In 1972, when Magistrate Linegar retired, Magistrate Terrance Corbett transferred here from Stephenville and stayed for the next ten years. During his time the Provincial Court Act was enacted, which Act defined the magistrate, her court and her jurisdiction for the first time, in modern terms and in conformity with the way this court was considered elsewhere in Canada. In 1981 the title was changed from "magistrate" to "provincial court judge". In I992, by Federal legislative change all provincial court judges became entitled to be called " the honourable."

The incumbent arrived in Placentia September, 1982, to replace Judge Corbett who transferred to Holyrood. The story after that date is boring and modern and must be left for someone else to tell.

Conclusion

A judicial history is relatively easy to do because courts keep records. It is worth doing because the law deals with human relations in their most complicated aspects. The whole confused, shifting, helter-skelter of life parades through the courts. Although the brush strokes have been light, I hope you have enjoyed the picture I tried to paint for you.