TOPIC:

I am just about to leave the Cape Archives and saw this post about Geary, so I thought that I would grab the Cape Police Officers Register and post Walter John Geary's entry for you.

Firstly his Sub Inspector exam results and then his service register.

That was a very timely search.

Very interesting information. He did well in his exams.

Many thanks
David

Joseph Colles Magennis, Civil Service Clerk, Cape Police
Assistant Resident Magistrate and later Magistrate.
Born: 08 March 1877
Died: 15 July 1954

Finding a QSA simply named “J.C. Magennis, Cape Police” is unusual. Obviously, this was awarded to a civilian but it left me intrigued. I needed to search through my CP information at home and at the Cape Archives to find out who he was. Being a civilian there would be no attestation papers for him in the CMP 1-65 references in Cape Town. I nevertheless thought that there must be some story waiting to be told.

Here is his story.

Joseph Colles Magennis was born on the 8th March 1877 at Uitenhage in the Eastern Cape of South Africa. He was one of eight children born to James and Francis Elizabeth Magennis (Born Black) both originally from Dublin, Ireland. The surname does not show up in the 1820 Settler roll/lists. The family were farmers from Uitenhage.

Little is known of Joseph’s early life in the Eastern Cape other than he attended a local school in Uitenhage and did in due course matriculate. He clearly had an interest in working within the local Government structures and it is noted in the Cape Archives that on the 2nd January 1896 he took up a post as a Clerk serving on the Establishment of the Civil Commissioner and Resident Clerk for the Uitenhage District.

He would have worked at this station in Uitenhage until the outbreak of the Anglo Boer War in October 1899 and then either by choice, or by the nature of his profession he was then placed on strength of the Cape Police District 2 as a Civil Servant attached to the CP Staff. On the CP District 2, QSA Roll (WO 100/240 Page 289) he is listed as one of only four men attached to the CP District 2 working as Civil Servants. It can be expected that Joseph was kept incredibly busy what with the war raging all around him and the multitude of legal issues that must have resulted from that. It can also be assumed that his work necessitated the need to move around the various magisterial districts during this time as well. This is not documented but just an assumption.

There are no Attestation Papers for Civil Staff employed by the Cape Police in the Cape Archives so dates of war time service cannot be confirmed but as he is not found on any QSA supplementary roll nor the KSA Roll to the Cape Police so one can assume he left prior to 1901.

With the war over at the end of May 1902 Joseph probably had more time on his hands and was now able to get out and socialize a bit because at some point he met Catherine Maria Michau (Also known as Katharina Maria Michau) a Spinster from Jansenville in the Eastern Cape. This relationship blossomed and the two decided to get married. They tied the matrimonial knot in the St Saviour’s Anglican Church in Jansenville on the 7th January 1903. Joseph was 25 years of age and his new wife was 23 years old at the time. This union was to produce three children.

12 days after the couple married, Joseph was, on the 19th January 1903, appointed to the position of Acting First Clerk at the Fort Beaufort Station.

His “Memorandum of Service” Ref 2438 of 1904, tells us that his first appointment to the position of Clerk at the Uitenhage Station was as previously mentioned on the 2nd of January 1896. It also confirms that he was then appointed to Acting First Clerk at the Fort Beaufort station on the 19th January 1903 with an annual salary of £220. Joseph is also noted as having passed his Law Examination in 1899, the exact date of this cannot be found at this time (Possibly in the University of Cape Town’s law Archive). General Ability is noted as “Good”

In January 1904 he was promoted to Chief Clerk in the Revenue and Expenditure Branch at the Fort Beaufort Station, his salary being increased from £220 to £260 per Annum. His was noted as a good allrounder and that he was also required to be the acting Resident Magistrate as the occasion requires.

On the 26th March 1904, a letter was written to the Secretary of the Law Department in Cape Town by the Resident Magistrate of Victoria West. In this letter he recommends the appointment of Magennis to the position of Justice of the Peace and Acting Resident Magistrate for the Victoria West Station. A reply from the Secretary on the Law Department was received on the 10th March 1904 asking about what necessity exists for the appointment of Magennis to the position. The RM replies that as he is in court almost every day, he finds practically no time to attend to other issues in the district and also cannot manage to attend to meetings of the Divisional Council. He also goes on to say that there is now far more judicial work to attend to and that these factures necessitate the appointment of an Acting Resident Magistrate. The 31st March finds a reply stating that Magennis who is now the 1st Clerk (Chief Clerk) will indeed be the Assistant Resident Magistrate, this decision being approved in Executive Council.

An example of the court appearances by the Resident Magistrate and the Acting Residents Magistrate for Victoria West over a 6-month period August 1903 to January 1904 is as follows:

Civil Cases By R.M=40
Civil Cases By A.R.M=0
Criminal Cases by R.M=251
Criminal Cases by A.R.M=28

From this, the validity of Magennis’s argument can be clearly seen.

December 1905 finds a telegram sent by Magennis to the Assistant Treasurer in Cape Town where Magennis states that the Standard Bank in Victoria West was never advised of his appointment to act in a civil capacity as and when deemed necessary, the outcome of this issue is not recorded.

The next 2 years were pretty stable for Joseph and Catherine. Their first child, Eileen Maureen was born in 1906 and on the 24th March 1906, he was appointed as Acting Resident Magistrate for Humansdorp as the current Magistrate had personal issues that required him having time off to sort out.

He was then appointed as the Acting Resident Magistrate for Bedford in both 1907 and 1908 this due to the fact that the Resident Magistrate there was away on inspection of works within the district.

The couples second and third children, Kathleen Mary and Donovan Iveagh were born on the 12th March 1907 and 07th April 1909 respectively.

By 1911 Magennis and his family were in King William’s Town where he was employed as the Assistant Resident Magistrate of the town. The date he took office is unknown (No reference in his file could be found) but it would appear to have been before July 1908 as this seems to be the approximate time frame when trouble was brewing between Magennis and a certain Attorney, Leopold William Luyt.
The issues between the two started around July 1908 and came to a head on the 20th February 1911 when Luyt lodged several formal complaints against Magennis.

The below complaints about Joseph Magennis were placed with the Minister of Justice in Cape Town:

1. That Mr. Magennis allows bias and prejudice to enter into the conduct of cases tried before him as Assistant Magistrate in cases in which I am concerned as the Practitioner.
2. That he borrowed money from me on various occasions and signed P/Notes.
3. That he disclosed official information to me.
4. That he has re-written or altered records of cases sent for appeal.

The Department of Justice, Cape Town replies during April 1911 to the Resident Magistrate of King Williams Town saying,

“With reference to certain complaints recently made by Mr. Attorney Leopold Luyt against Mr. Magennis of your Staff, I am directed to request you to be good enough to call upon that Officer to answer the charges made within three days of their receipt by him”.

The charges are as follows:

1 Of having contravened paragraph 56, section III, Chapter A of the Civil Service Rules and Regulations in that between July 1908 and May 1909 he became a party to
accommodation bills in order to borrow money from Mr. Luyt.

2 Of having contravened paragraph 41, Section III, Chapter A of the same rules in that between July 1908 and May 1909 he gave to Mr. Luyt official information out of
strict course of duty in connection of the following matters: -

a. In regard to a communication addressed to the Resident Magistrate by the Native Affairs Department on the subject of the number of labourers being dispatched from
the Middeldrift Sub Office. That he informed Mr. Luyt of the receipt of such a communication and of the nature of the Magistrates reply.

b. That he informed Mr. Luyt of a letter by the Clerk of the Court from Messrs. Van Zyl & Buissinne of Cape Town, asking for a certified copy of the record in the case of
Rex vs Fairclough, a copy of which record has been enclosed ready to be certified.

c. That he informed Mr. Luyt that one Albert Fairclough had sent a cheque for £2 or £3 to the Magistrate with the request that the money be handed to charity and that
the Magistrate had returned the cheque to Fairclough informing him to himself hand the money to charity.

d. That he informed Mr. Luyt that the Gaoler has submitted a severe report complaining of the interference of the Magistrates wife in goal matters and asking to be
transferred elsewhere.

e. That he informed Mr. Luyt that he had seen the income tax returns and that Mr. A.L King (who is one of the Managers of Messer’s Baker, Baker & Co) was in receipt
of a salary of £1000 per annum.

3 Of having contravened paragraph 44, Section III, Chapter A of the same rules in that, as alleged, since about June 1909, he has allowed bias and prejudice to influence
his judgment in cases tried before him in which Mr. Luyt is concerned as a practitioner.

The cases specially referred to being those below:

Civil Cases:
Thompson vs Winson,
Busakwe vs Potter
Borough Council of King Williams Town vs Bock
Jordaan vs Randall
Muscat vs Reineke

Criminal Cases:
Rex vs Gordon
Rex vs Baines
Rex vs Gordon
Rex vs Smulowitz and Chidicked
Rex vs Mkencele
Rex vs Hashe
Rex vs Kula.

(The hand written and printed complaints are in some places, hard to decipher so spelling mistakes to names are possible)

4 Of having contravened paragraph 44, Section III, Chapter A of the same rules in that, as alleged, he re-wrote and altered the records of cases tried before him. The
cases referred to being those of Rex vs Gorden tried on the 5th August 1909 and Payi vs Village Management Board, Hanover.

The letter concludes with the comment, “Will you be good enough to furnish Mr. Magennis with a copy of the charges contained in this letter”.

Signed Acting Secretary of Justice.

With in the stipulated 3 days, Magennis replied as follows:

In connection with the complaint preferred against me by Mr. Luyt, I would like to state that on the certain occasions referred to, I borrowed money from him to meet liabilities arising out of my wife’s intermittent illness-a subject has been referred to both in my applications for increase in pay and transfer. Mrs. Magennis has only returned from hospital and has arranged to return thither. She has been ill and on from the time we were stationed in Victoria West 7 years ago.

I certainly do not admit divulgence of office secrets and those referred to by Mr. Luyt, I cannot recall excepting paragraph “a”. In that case I was seeking information as to the falling off in recruiting and it is quite likely I mentioned the matter to Mr. Luyt and to others as well.

The Loan of £100 referred to was obtained in terms of Mr. Luyt’s own suggestion as well as the friendship that existed between us and his and Mrs. Magennis’ nationality being identical. I told him I was disposing of my household furniture to meet my liabilities and had arranged for board and lodging. He suggested that I abandon my intention and that he would arrange to get a loan from his father to cover all my liabilities. I consented to this and in due course obtained the loan less £85.

In connection with the affidavit subscribed to by me, I would act similarly under similar circumstances. I had found no faulty with Mr. Luyt’s conduct of cases before and was under the impression that the case was the emanation of professional jealousy on the part of Mr. Murray. I deny that Mr. Blenkins ever made a remark to me concerning this affidavit.

I have had no quarrel with Mr. Luyt. He and I were school fellows and the natural friendship which arose therefrom gradually abated by a failure on my part to make our impressions agree. If he attained the great success before me which he states he did, it would be due to the natural order of things for I entertained any doubt as to guilt of his clients, naturally they would be entitled to the benefit of that doubt. Mr. Luyt’s criminal practice before me in the days of our friendship amounted to an average of three a month, of which he lost half. What certain of the public say or think of the coolness between Mr. Luyt and myself is not indicative of my state of mind on the bench.

In the case of Rex vs Mortimer, I would state that before the conclusion of the case, anonymous letters were written to me and to the Magistrate, insisting on the guilt of the accused. I naturally became suspicious of the evidence given by the prosecution witnesses and gave the accused the benefit of the doubt.

Reineke was convicted before me of assault. I believed the evidence given by Gillingham but in sentencing accused remarked that it appeared the complainant had retaliated. Thereafter I was asked to try the civil casein which additional evidence was adduced making it abundantly clear that the complainant had not inflicted the injuries on the defendant. Mr. Luyt’s exception therefore fell to the ground.

I deny the records referred to were re-written. Cases of importance I naturally write as legible as I can to obviate the necessity of having them typed.

I bear Mr.Luyt neither hatred or malice.

In one case he mentions as having been wrongly decided against him, a tampered document (a permit to cut wood) was produced in support of his case.

Mr. Luyt states that he only desires my transfer from King Williams Town. I have been desirous of this for some time on account of the expense of living.

Signed J.C Magennis
First Clerk and A.R.M

The grammar and spelling written above is as the official report.

Between the 14th and 16th March 1911 the Divisional Inspector, G.E Syme, visited King William’s Town. He enquired about the charges made by Mr. Attorney Luyt against Mr. Magennis,1st Clerk and Assistant Resident Magistrate of KWT. He informed both gentlemen that they may be present during the investigation. Luyt did not avail himself.

Looking through the case, Syme made the following remarks to each of the 4 charges.

Charge 1.

I read through the various records of the case in which Mr. Luyt states that he suffered injustice, but was unable to find anything on the face of them to support the charge. Mr. Luyt states that during the period he was on very friendly terms with Mr. Magennis, namely from July 1908 to May 1909, he was successful in 90% of his cases and that since that date when their friendly relations ceased, he had been unsuccessful in most of the cases he had defended. This statement is not correct, as will be seen from the return” B” prepared by the Clerk of the Court, showing the number of cases in which Mr. Luyt had been concerned. Of the 35 cases dealt with up to May 1909, there were 20 convictions and 15 acquittals, and from that date up to the present month of 31 cases tried there were 24 convictions and 7 acquittals. It thus appears that the number of convictions were greater than the number of acquittals even during the period of Mr. Luyt’s friendship with Mr. Magennis. It is true that Mr. Luyt does not appear to have been so successful since the estrangement, but having regard to the records and other evidence at my disposal, I think that the circumstances might well be attributed to the merits of cases rather than bias on the part of Mr. Magennis. Mr. Luyt also alleges that Mr. Magennis was biased in his favour during the period of their friendship, but a few moments before making this statement he told me distinctly that the judgements in his favour were such as he would have expected to have received at the hands of any other Magistrate. Again, Mr. Luyt specifically asked that Mr. Magennis should try the case of Muscat vs Reinke notwithstanding that they were not on good terms at the time. He was questioned as to this apparent inconsistency on his part and I cannot regard as satisfactory his explanation that he desired merely to finally test Mr. Magennis impartiality, especially as he gives another reason in his letter of complaint.

On the whole the conclusion I arrived at was that this charge cannot be supported

Charge 2.

Mr. Magennis denies having disclosed official information to Mr. Luy, but I ascertained that the official incidents, with one exception, did actually take place. I think it very likely that Mr. Magennis did mention the various matters to Mr. Luyt during the period of their intimacy, but as it was possible for the latter to have acquired the information from the other source I cannot speak with certainty on the point. The incidents themselves, with the exemption of one relating to the amount of Mr. Kings income (which I was not able to verify) are however, scarcely matters which can be described as “official secrets”

Charge 3.

The charge of re-writing or altering records rests upon the statement of MR.J. F Luyt. Who is the clerk in his brother’s office. This gentleman states that he made certain private marks on the original sheets of evidence recorded by Mr. Magennis in two cases, and that, on examining these records later, he found that his marks had disappeared. He concluded therefore, that the evidence had been re-written. In one of the cases referred to, that of Rex versus Gordon, Mr. Luyt made a copy of the evidence at the time he placed his marks on the sheets, and before the record could have been re-written. Now this case was taken to appeal in the E.D. Court, and although one of the grounds of appeal was that the conviction was not supported by the evidence, nothing was alleged as to the re-writing or alteration of the record which might readily have been proved by comparison with Mr. Luyt’s copy. If then, Mr. Luyt had the means of proving that the original record had been tampered with it is difficult to account for the fact that all -important defence was not raised on appeal. I attach the original record, which does not strike me as having been particularly carefully written, and it may here be mentioned that this is one of those cases in which Mr. Luyt thinks an acquittal should have taken place. I obtained from Grahamstown, Mr. Luyt’s copy of the evidence, which I also attach, and on comparing it with the original I find that though the are substantially in agreement, there are slight omissions here and there. These omissions do not, however, appear to be material, and they may of course, have been made in copying the record. I am bound to say that I do not like the appearance of these omissions, but taking all the circumstances into consideration I have come to the conclusion that the evidence is too meagre to support he very serious charge against Mr. Magennis of tampering with the records of cases with by him.

Charge 4,

Mr. Magennis acknowledges that he borrowed money from Mr. Luyt and signed Promissory Notes. This constitutes an offence against the Civil Service Regulations, and an unpleasant feature is that the money borrowed from a Practitioner who was constantly appearing before him in Court. His lapse in this matter is discreditable, and his explanation cannot bee regarded as an excuse. He is not, moreover, really in financial difficulties for he told me that he owned a house and was interested in other property. If then, he found himself suddenly in urgent need of funds surely, he could have obtained the money elsewhere. It may be added that Mr. Magennis has discharged his obligations to Mr. Luyt.

General

Mr. Magennis appears to be a quiet, steady man, and though his judgements are often couched in a most extraordinary jumble of high-sounding words, (See personal file attached) the Practitioners and the Magistrate entertain a high opinion of his abilities. Syme ends his report by stating “I attach minutes of evidence taken by me”

It would appear to me that the entire list of charges drummed up against Magennis was nothing more than a case of “sour grapes”.

With this episode finally put to rest, Magennis and his family decided it was time to carry on with life and to move on.

Magennis found himself during the years of the 1906 -1908 having been the Acting Resident Magistrate for Humansdorp and Bedford.

By 1912 Magennis was in the Cape Town area. There are references in the Cape Archives pertaining to his: -

“Reduction of period in which he, now on the Establishment of the Magistrate of Woodstock is debarred from promotion”

“The case of JC Magennis on the establishment of the Magistrate of Cape Town. Amendment of minute No 942 of 1912 and approval of the forfeiture by him of one annual increment”

By 1930 Joseph Magennis was now the Magistrate for Caledon, a small town in the Overberg region of the Western Cape approximately 100 Km’s east of Cape Town. He is noted as having been present at a Sectional Meeting on the 12th July 1930 where he is listed as a of Member of the Local Committee and as the Magistrate on the Reception Committee.

On the 2nd April 1932 his daughter, Kathleen Mary married George Harold Eddy in the Holy Trinity Church in Paarl, she was a teacher in Caledon at the time.

By 1935, Magennis is now the Magistrate for the Paarl District. His address is noted as 11 High Street, Paarl. The Government Gazette dated 1st November 1935 makes notice about the upcoming annual meetings for the Local Liquor Licensing Boards. The meeting of the Paarl District is to be held at the Paarl Magistrates Court on the 4th December 1935.

Signed J.C. Magennis, Magistrate of Paarl.

The year 1938 finds Magennis being appointed as a member of the Rent Board for the Magisterial District of Cape Town and in the following year (1939) he is appointed as a member of the Licensing Board for the District of Wellington.

Later the same year the Second World War commences, Joseph was however not placed on active duty as by this time he was 62 years of age. However, his post as Resident Magistrate excluded his participation in war effort.

During 1940, his other daughter, Eileen Maureen married Hedrik Johannes Myberg Eksteen at the Holy Trinity Church in Paarl. Eileen was at the time living with her parents at 11 High Street, Paarl. She was, as was her younger sister also employed as a teacher.

In 1942, Magennis he was appointed as a member of the Rent Board for Paarl. He was a busy man at this stage in his life.

1943 found their son, Donovan Iveagh marrying. He was at the time serving in East Africa with the Northern Rhodesia Regiment and his wife to be was serving in the WAAS in the Union. They too were married in the Holy Trinity Church in Paarl. Permission was granted by Donovan’s OC for him to travel to the Union and get married.

The daily working of a Magistrate must have been an exciting time and one can only expect that Joseph was a busy man right up to the time of his retirement, no further posting is recorded so I assume he retired upon reaching his 65th birthday in 1942.

What exactly Joseph and his wife Katharina got up to until the time of his passing is unknown, however, we assume he would have been still pretty active in various facits of civil life and also enjoying time with his family and many friends.

Joseph Colles Magennis passed away at home on the 15th July 1954, he had been suffering from Osteosclerosis and Hypertension, a disease he had apparently been suffering from for 18 days prior to his death. His death notice shows him as a retired Magistrate.

His estate papers, reference 4370/54, show us that he left £2137.16.3 for distribution to his wife Katharina.

Joseph was buried in the Parys main cemetery, Paarl, Western Cape. He has an interesting inscription on his head stone, the word “Slainte” which in Irish can mean Cheers, perhaps Joseph had a real Irish sense of humour?

After Josephs death, Katharina moved to live with her daughter and her husband in Port Elizabeth. She would have hopefully enjoyed her last few years with her family but sadly she passed away on the 13th April 1958. Katharina had been suffering from Myocardial Degeneration and Bronchitis. She was 79 years old.

Her estate left £3314.11.20 to be distributed equally between her three children, Donovan, Eileen and Kathleen Mary. It is also noted that Donovan would pay into the Estate £2195.2.11 in order for him to take over the immovable property.

Katharina was buried with her husband in Paarl.

Very nice and very unusual Adrian - just up my street. Thank you for bringing this fella to life with his story.

All the best

Rory

Good Morning Adrian.......

I wonder if they every ran into each other as they were both in the same career field......
From my collection.......

Mike

MAGENNIS, W.B. - SOMERSET EAST TOWN GUARD

REG. NO.: N/A
RANK: LIEUTENANT
REGT: SOMERSET EAST TOWN GUARD
BARS: NO BARS AS ISSUED

REMARKS / HISTORY:

LIEUTENANT MAGENNIS, W.B., (William Babbington/Barrington)

William Babbington (also Barrington) Magennis served in the Somerset East Town Guard from 12 January 1901 until 22 April 1901; accompanying copied roll entry also states, 'Left Town'.. Born 1869, after Boer war he became Inspecting Magistrate and Inspector of Prisons, married Hilda May Neumayer in 1917 Capetown aged 48 (record states he was a widower), civil servant and magistrate all his life, died Wynberg aged 71 in 1940.

Photo located here: www.angloboerwar.com/forum/search?query=...1/2024&childforums=1

Hello Mike,

Good to hear from you.

They certainly new each other as they were brothers.

Here are all the children born to their parents James and Francis Elizabeth Magennis (Born Black):



Cheers