In June 1895 the commissioners commissioned a plaque and surround from E.O'Shea of Callan, Co.Kilkenny. In June J.F.Williams, solicitor served notice on the Town Commissioners to attend at the High Court on 2 July 1895 'at the suit of the executors and executrix of the will of the late captain Gibbons, verses the beneficiaries of the will- Mrs Mary Gibbons, Cork; Helena Gibbons, Dungarvan; James Gibbons, Dungarvan, and the Town Commissioners’.
A dispute arose about the names and information which the Commissioners had
placed on the plaque. In July 1895 the Rev.Whelan and Mrs Gibbons asked the
Commissioners to omit the executor's names. They agreed to this but insisted on
retaining their own names explaining that - 'as we believe, in doing so we are
only following a custom which as regards historical records are beneficial,
advisable and instructive’.
In early September
1895 the Commissioners enquired when the work on the park would be completed.
The following month Mrs Mary Gibbons contacted the Commissioners asking them to
remove the plaque on the arch into the park or she would take legal action. 'I
have been asked to give your Town Commissioners another opportunity of
complying with my request regarding that objectionable tablet.' On 14 November
the Borough Surveyor reported that he had removed the slab as ordered. Before
its removal the plaque had been crossed out in paint and was photographed by
Edmond Keohan. He titled the picture ‘The Condemned Slab’. In November the
stonemason Mr O'Shea was paid £28-5-1 for the plaque and related work.
A smaller plaque in
marble was also erected to commemorate the creation of ‘The Esplanade’ or
Lookout in 1896 as it was more commonly called which was also funded by the Gibbons
bequest and this was later moved to its present site on the sea wall opposite
the park.