Letter from C. O'Connell Fitzsimon to D. Windrum Carlisle, 4 July 1916 Letters 1916-1923 C. O'Connell Fitzsimon

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This letter was written by Christopher O'Connell Fitzsimon (1860 - 1947), a solicitor from Queen's County. The letter was written by David Windrum Carlisle (b. 1887). Carlisle was a district inspector with the Royal Irish Constabulary. During the First World War he was seconded into the Royal Garrison Artillery until he was invalided out in 1919 after being severely wounded. This letter concerns the application of William Phelan for an extension of his six-day early closing licence under the Licensing Act, 1902. Phelan's notice of application and application form are enclosed with the letter.

 National Archives of Ireland NAI-CSO-RP-1916-5620-1551-2 https://letters1916.ie/item/2494 English C. O'Connell Fitzsimon 1916-07-04 Abbeyleix, County Laois, Ireland David Windrum Carlisle Abbeyleix, County Laois, Ireland Male Industry and Public Administration Industry and Public Administration

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 ackd 8 July 1916 C O'CONNELL FITZSIMONSOLICITORABBEYLEIX 4th July 1916 Dear Sir Referring to the application for a six-day early-closing licence made on behalf ofWm Phelan of Ballinakill to the Justices atAbbeyleix Quarter Sessions on the 26th Junelast and which was granted by the Court Ibeg to state that having looked into theauthorities the applicant Mr Phelaninstructs me to inform you that he will makeno use of the certificates or order made inhis favour but will continue to trade underthe existing six-day early closing licenceand he does not propose to apply to the In-land Revenue for an extension of the saidearly-closing licence notwithstanding theorder of the Justices. Yours faithfully C O'Connell Fitzsimon D. Windrum Caslisle, Esq.D.I.R.I.CAbbeyleix. Notice of Application to Quarter Sessions for Certifi-ate for Publican's Licence. TAKE NOTICE that it is my intention toapply at the next General Quarter Sessions of the Peaceto be held in Abbeyleix in and for the Division ofBallinakill and Queen's County on the 26th day of Junenext for a certificate to entitle me to receive a six-day ordinary licence to sell beer cider and spirits byretail for consumption on the premises at my housesituate at The Square in the town of Ballinakilltownland of Ballinakill Parish of Dysartgallen Baronyof Cullenagh and Queen's County at present licensed forsuch sale in my name under six-day early closinglicence and my place of abode is The Square Ballinakillin the Queen's County Dated this 31st day of May 1916 William Phelan Applicant.C O'Connell Fitzsimon,Solicitor for Applicant Abbeyleix. To:Colonel Sir Wm. Hutcheson Poe, Bart., C. B., J. P.,Walter J. Murphy, Esq., J. P.James Moore Esq., J. P.Robert T. FitzGerald, Esq.,Clerk of the Crown & Peace,Peace Office Maryborough.And to:David Windrum Carlisle, Esq., D. I. R. I. C., Abbeyleix. Abbeyleix Quarter Sessions 26th June 1916Before His Honor the Hon D FitzGerald Chairman and the other Justicesthere assembled viz:-, Col Poe, Patrick Maher, John Walsh, James Moore No. Name of applicant Nature of Licence Decision of Courtapplied for4 Phelan William Six day ordinary licence GrantedBallinakill D FitzGerald - Chairman of Quarter Session I certify above to be a true copy of the entry in theLicensing Book CLERK OF THE CROWN AND PEACEQUEEN'S COUNTY Notice of Application to Quarter Sessions forCertificate for Publican's Licence TAKE NOTICE that it is my intention to apply at the next General QuarterSessions of the Peace to be held at Abbeyleix in and for the Division of Ballinakilland Queen's County on the 26th day of June next,for a Certificate to entitle me to receive a six day ordinaryLicence to SellBeer Cider and Spirits by Retail at for consumption on the premises at myhouse situate at the Square i the Town ofBallinakillk Townland of Ballinakillin theParish of Lysartgallen Barony ofCullenagh and Queens County at present licensed for such sale in myname under a six day early closing licence and my place of abode isThe Square Ballinakill in the Queens County and Queen's CountyDated this 31 st day of May 1916 190William PhelanApplicantC. O'Connell Fitzsimon Solicitor for ApplicantAbbeyleixTo Col Sir Wm Hutcheson Poe, Bart., C. B., J. P.W alter J. Murphy Esq J. P.JP James Moore Esq J. P.Robert R T FitzGerald Esq., Clerk of the Crown and PeaceMaryborough Peace Office MryboroughAnd to David Windrum Carlisle Esq D.I.R.I.C. Abbeyleix. And to the District Inspector Royal Irish ConstabularyI certify above to be a true copy of notice of applicationlodged with me. Office of the Crown and Peace Application for Certificate forextension of Publicans Licencegranted at Quarter SessionsQueens CountyAbbeyleix 27 June 1916.I beg to report that at Abbeyleix Qr. sessions held on yesterdaybefore His Honor Co Court JudgeFitzgerald and the followingMagistrates: Sir William HutchesonPoe Bart: Messrs Patrick MaherJohn Walsh and James MooreAn application was made byWilliam Phelan ( Publican ) ofBallinakill through his Solr.Mr O'Connell Fitzsimons fora certificate of extension of thesix day and Early closing licencewhich he at present holdsto that of a six day ordinarylicence. I opposed the applicationin accordance with Code Sec1019 as being contrary to Section2 of 2 Ediv: 7 ch: 18 and readthe decision appearing in theThe Co Inspector Irish Constables Guidein the case of Dorrian V.Greer 1903. 3 N. I. J. R. 302as against the granting ofthe Certificate. I also pointed out thatthis being a certificate for anew licence it could not begranted at any Quarter Sessionsbut the Annual Licensing QrSessions to be held in month ofOctober. Sir Hutcheson Poe made anappeal to the Judge stating thathis employees nearly all dealtwith this publican & as they werenot working according to theDaylight Saving Bill they were notable to reach this shop on Saturdaynights sooner than 7 1/2 pm andconsequently had only half anhour to transact business.He stated that he was in favourof granting the certificate asdid also the three other localMagistrates.The County Court Judge said that withgreat diffidence andreluctance he granted thecertificate of Extension andowing to the short paragraphappearing in the ConstablesGuide of the decision of thecase (Dorrian) V Greer withthe circumstances of whichhe was not familiar hedid not think himself justifiedin refusing it. It would appear thatthis is a case wherethe Magistrates were canvassedas they left the Benchimmediately the case was dis-posed of.M McCarthyHC 41886for D. Pink Abbeyleix, County Laois, Ireland Letter from C. O'Connell Fitzsimon to Henry Arthur Wynne, 4 July 1916Letter from C. O'Connell Fitzsimon to Sir Robert Chalmers, 28 July 1916Letter from C. O'Connell Fitzsimon to D. Windrum Carlisle, 4 July 1916 C. O'Connell Fitzsimon Letter from C. O'Connell Fitzsimon to Henry Arthur Wynne, 4 July 1916Letter from C. O'Connell Fitzsimon to Sir Robert Chalmers, 28 July 1916Letter from C. O'Connell Fitzsimon to D. Windrum Carlisle, 4 July 1916