Twenty Years' Recollections of an Irish Police Magistrate

CHAPTER XXV.

Chapter 425,016 wordsPublic domain

DARGAN'S EXHIBITION--A BELL AND KNOCKER--LORD GOUGH--FATHER PECHERINE'S CASE--ASSAULTS AND THEFTS--THE CITY MILITIA--A SCALD QUICKLY CURED--SAILORS LEAVING THEIR SHIP.

I returned to Dublin in 1853, on the 10th of May, and had the pleasure of witnessing the opening of the Great Industrial Exhibition in Merrion Square on the 12th. It was a great success, and caused a very considerable influx of visitors to Dublin, not merely from other parts of the United Kingdom, but also from the continent of Europe, and even more distant regions. It is unnecessary to dilate on the beneficial tendency of such displays to awaken tastes and excite emulation in reference to artistic productions of beauty or utility, for it is almost universally acknowledged; but I am convinced that they produce very salutary effects by bringing each class of society into the view and under the observation of the others, approximating without confounding them, requiring no relinquishment of rank or undue familiarity. The building in which the exhibition was held was erected at the personal expense of William Dargan, and cost £26,000. A statue, on the pedestal of which "Dargan" is inscribed, now stands upon the scene of his patriotic liberality. No other inscription is requisite to have his generosity acknowledged and his memory revered by his countrymen. Previous to the opening in 1853, it was suggested in the public press and at the sittings of the committee, that as the inauguration of the English exhibition in 1851 had been accompanied by a prayer for the occasion, offered by a prelate of the highest rank, a similar course should be observed in Dublin. However, the opening here was not attended by any ecclesiastical demonstration, and some few of the spectators considered the omission culpable. At the close of the ceremony, three or four young men passed out at the same time that my brother magistrate, James Magee, and I were leaving. There was no indication as to the religious denomination to which they belonged, but we were greatly amused at the zealous and fervent piety of one who designated the omission of prayer, on such an occasion, as "a d----d shame."

The Dublin Exhibition of 1853 continued open until the end of October, and during that time there was only one charge brought for magisterial investigation from within its limits, and it was preferred before me. There was a portion of the building termed the "Medieval Court," and a man was accused of stealing, in that place, a coat belonging to a person employed on the premises. He confessed his guilt, and I awarded him two months' imprisonment with hard labor for the unlawful possession of the article. This solitary offence would, perhaps, have lapsed from my memory but for the total ignorance of the term "medieval" evinced by the parties concerned, for they all spoke of the transaction as having occurred in the "_middle evil court_."

It may appear almost incredible to some of my readers that, during the erection of the Exhibition building, and for upwards of five months in which it was resorted to by thousands, and I may add the comparatively short time subsequently occupied in taking down the structure and removing the materials, there was no other infraction of the law brought under magisterial cognizance than the petty larceny case which I have mentioned. I hope that I shall not be considered too discursive if I introduce here an extraordinary and very gratifying statement of an anterior date. The Great Southern and Western Railway of Ireland was opened to Carlow in 1846. The splendid terminus at the King's Bridge and several miles of the line are in the Dublin Metropolitan Police district. The works on that portion included very extensive buildings and deep excavations, and I have been credibly informed that they cost upwards of fifty thousand pounds. A vast number of persons were employed, comprising the various artisans, laborers, (commonly called navvies,) and drivers. I was in office during the entire time of their operations, and there was not even one complaint or charge preferred as arising amongst any class or between individuals. Mr. Dargan, the contractor, at a festive meeting jocularly congratulated me "on having a sinecure, as far as regarded the people at the King's Bridge, where there were no prosecutions required, except the prosecutions of the works." I regret that at the present time such very gratifying qualities could not be expected to a similar extent in similar undertakings. Intemperance has become too prevalent, especially amongst the operative portion of the community, to admit of large numbers being brought together daily, without occasional, or perhaps frequent quarrels.

A BELL AND KNOCKER.

There had been in 1852 a contested election for the city of Dublin, and the defeated party, as is usual on such occasions, attributed their failure to the use, on the part of their adversaries, of every unfair stratagem and corrupt inducement. At the commencement of the Session of Parliament in 1853, it was rumoured that a petition would be lodged to invalidate the return, especially on the grounds of extensive bribery amongst the freemen. It was alleged that a certain alderman was the confidential treasurer of the funds appropriated for the venal voters, and that a person named BELL had been employed to procure the men and dispense the money. The alderman was one of my most intimate friends, and I frequently enjoyed his hospitality. I was also acquainted with several of the other party who were loud in their denunciations of the corruption of which Bell was alleged to have been the instrument. When I heard them speaking of the sums distributed amongst the freemen, I contented myself by affecting to lament the injustice to which I was individually subjected, that I was a freeman of my native city, and that I might have participated in the distribution to which they referred, were it not for an odious statutable enactment which prohibited a Dublin Police magistrate from exercising the franchise, and realizing its incidental advantages, whilst the English Metropolitan Magistrates were subjected to no such disqualification. One of my friends who happened to be the editor of a newspaper, remarked that I seemed disposed to treat the recent bribery with levity, and to regard it as mere fun, and I replied that he was not far wrong in his conjecture, and that I would advise him to adopt a similar course. He asked me to commit my ideas to writing and transmit them to him. I acceded to his request, and he published my communication; but I feel confident that neither publicly nor privately did he divulge the name of its author. No parliamentary petition was presented; and the bountiful treatment of the freemen was only noticed publicly in my poor production of--

THE MAGIC BELL,

My retrospection of that election Accords perfection to the magic "Bell," Whose notes so soothing were felt each booth in Where freemen voted so prompt and well. That Bell so cheering, our hopes uprearing, As Green Street nearing we came to poll, With _notes_ persuasive, soft and adhesive, And touch evasive of law's control.

There are joy-bells swinging, and sweetly ringing, Their blithe sounds flinging from Christ Church high And Father Yore has erected more On the Liffey's shore to the Four Courts nigh. But more sublime than their varied chime Of a festal time or a funeral knell, Was the Bell so soothing, felt every booth in Where freemen voted so prompt and well.

From the gifted Prout, we derive no doubt, Sweet strains about days of infancy, When "The bells of Shandon did sound so grand on The pleasant waters of the River Lee." We may search in vain, we'll ne'er meet again With a sweeter strain than Moore's "Evening Bell;" But a Bell more soothing was felt each booth in Where freemen voted so prompt and well.

The hermit lowly, whose thoughts are solely On subjects holy, delights to hear, When morn is shining or eve declining, Sweet peals combining, his soul to cheer. From far or near to his raptured ear No sound so dear ever reach'd his cell Like the Bell so soothing, felt every booth in Where freemen voted so prompt and well.

In a few days after the publication of the foregoing lines, I dined at his residence near Salthill, with my friend the alderman, and in the course of the evening he mentioned that Bell was greatly annoyed by such a production, and that he considered it libellous. I asked how could he show that it applied to him. My worthy host said that it could not apply to any other person, and I then remarked that it was not malicious or of an injurious tendency, and that it had been written merely as an attempt at harmless fun. This elicited the question of how I knew in what spirit it had been written, to which I replied, that I had written it myself, intending to be jocose; and that if my verses were not considered worthy of laurel, they certainly did not deserve the application of birch. To this expression I received a contradiction unanimous but good-humored; and it was agreed that if the public whipping of a police magistrate could be effected, it would be an interesting novelty and a general gratification. There were two other aldermen present besides our host, and they repeatedly assured me, even when shaking hands at the conclusion of the entertainment, that they would provide some punishment for my transgression. On the following evening I was at the house of a friend on Merchant's Quay, and when I returned home, after midnight, I found that the knocker of my hall-door had disappeared. My servant stated that two gentlemen had called, one of whom expressed a wish to see me, and on being informed that I was not at home, said that he would write a note in my study and leave it for me. Whilst he was so employed, the other remained in the hall. At their departure the servant did not perceive that the knocker had been abstracted; but at my return I at once observed the loss, and opening the note, which was written in a hand manifestly disguised, I read the following communication:--

"Mr. Porter is so expert in the fabrication of a Bell, that he may confine himself to ringing without knocking."

Although I felt considerable annoyance at such an unwarrantable trespass whereby I lost a very handsome and expensive brass knocker, I did not indulge in resentful expressions or state the suspicions which I entertained. The door remained without a knocker, as if I intended to acquiesce in the suggestion of only using a bell. The door had not been injured or defaced, for the knocker had not been wrenched away, but had been unscrewed by the person who remained in the hall whilst the other was penning the note to me. I was repeatedly quizzed, and subjected to mock condolence, but I treated the matter as a practical joke, and ascribed the disappearance of my knocker to aldermanic influence. In about a fortnight I was invited to another dinner at Salthill, and met there the same parties who had been at the previous entertainment. Amongst the various pleasantries of the evening, my knocker was not forgotten, and my health was drank, accompanied by what I considered a bantering wish for the restitution of the brazen appendage to my hall-door. On my return home I was surprised to find the door furnished with a knocker, which I soon recognized as my own. It appeared that almost immediately after I had left home, a man came to my house, stating that I had ordered the article at Bryan's ironmongery warehouse in Bride Street, and he proceeded to fix it on. I have never since that time meddled with any "Bell," and my door has not been interfered with in any disagreeable manner.

LORD GOUGH.

About the end of 1853, I was for a few weeks engaged in magisterial duties at Kingstown, and on one occasion I observed the late Viscount Gough entering the police-court, and taking a seat in the part to which the public were indiscriminately admitted. There was some case pending, at the hearing of which he wished to be present, and I immediately requested his Lordship to honor me by occupying a seat beside me, adding that I could not consent to a person of his high rank and illustrious character remaining in any position inferior to my own. He declined my proposal, but consented to take a chair between the bench and the right-hand side of the court. His chair was rather close to the grate, which was full of fuel, only a few minutes previously kindled. The court was crowded, and soon became very warm, but his Lordship's proximity to the grate almost immediately compelled him to change his position. Apologizing for the interruption, he asked me to direct the office constable to remove his chair to the left side of the court, and to place it near a window. Acceding at once to the request of the noble, illustrious, and worthy old warrior, I ordered his seat to be moved to the place which he preferred, adding, that I hoped the gentlemen of the press would report the remarkable fact, that Lord Gough retreated from the fire of the police, although he never had shrank from any other fire, however hot it might have been. A member of his family told me, in a few days after, that his Lordship considered my observation as most complimentary and gratifying.

FATHER PECHERINE'S CASE.

In the discharge of my magisterial duties at Kingstown, I had to dispose of a charge against a Roman Catholic clergyman named Pecherine, for publicly burning a copy of the Bible. The accused party was a foreigner, who had become a member of the order of Redemptorists, and joined a number of that community in holding "a mission" at Kingstown, in November, 1855.

He preached very frequently to numerous congregations, and excited great admiration and even surprise by the fluency of his language and correctness of diction. Finding that many books and tracts had been distributed, in Kingstown and its vicinity, containing doctrines or controversial arguments of which he and his religious associates disapproved, he exhorted his hearers to bring all such publications to him, and having received a considerable quantity, he burned them in a large fire lighted within the precincts of the church where the mission was held, and between the building and the exterior railing. It was alleged that amongst the articles thus consumed, there was a copy of the Scriptures. A prosecution was instituted before me, which was met by a denial that any perfect copy of the Bible had been burned; and that if even a portion of one had been thus destroyed it was by mere mischance, and without his knowledge, intention, or approval. The proceedings before me produced intense excitement, and great manifestation, especially amongst the humbler classes, of the asperities usually incident to indications of religious differences. I sent the case for trial to the ensuing commission of _Oyer et Terminer_ for the County of Dublin, and the result was an acquittal; but I refer to the occasion as having produced some very striking instances of the most inconsiderate and rash violence, committed without any provocation whatever on the part of those assailed, and in the supposition that they had been concerned in a proceeding with which they were totally unconnected.

ASSAULTS AND THEFTS.

Previous to the investigation of the complaints preferred on summons and information, the custody cases were, as usual, disposed of, and I had nine prisoners brought before me for having been drunk on the public thoroughfare. Some had been quiet and submissive, and they were fined one shilling each. Others who had been noisy or disorderly had fines of half-a-crown or a crown inflicted. Amongst the former was a newsboy, of about nineteen years of age, who had only one hand. Having paid his fine, he was liberated, and passed out into Georges Street, where a crowd had collected to get the earliest intelligence as to the progress and result of Father Pecherine's case. When the newsboy appeared a girl in the crowd exclaimed, "There's the horrid villain that is just after swearing against the priest." Immediately he was seized, violently beaten, and dashed through a large plate-glass window in the front of a shop. Some police constables were close at hand, and saw the sudden attack on the poor lad. They rushed forward and arrested four men who had been prominent in assaulting the newsboy, and one of them was fully identified as the person who had first laid hands on him and incited the others. I do not recollect the names of the delinquents, nor is it material to the narrative that I should, but when I asked if they had any defence, or if they wished to make any statement, the ringleader addressed me to the following effect--

"I thought, your worship, that he was after swearing against the priest, or I wouldn't have laid a finger on him. It was all a mistake, and we never intended to break the shop window. Indeed he broke that himself trying to get away. Moreover, if what was done was wrong, I have been well punished for it already."

I immediately designated the excuse alleged by the prisoner as an aggravation of his offence, for if the person attacked had been a witness, the violence used towards him tended to defeat public justice, and to substitute might for right, making anarchy predominant. I added that I did not understand the allegation of the prisoner, that he had been already punished for his gross misconduct, and I wished him to explain.

"Your worship," he replied, "I am a carpenter, and I was going to buy some timber for repairs to a house at Sandycove. I had two sovereigns and a half in a little leather purse in my waistcoat pocket. As soon as I was brought into the police-station, I missed the money, and I have no doubt but my pockets were picked in the crowd, and during the confusion."

Wishing to take a short interval for considering whether I should adjudicate summarily, or send the case for trial at the Quarter Sessions, I postponed it for a week, urging the police to detect, if possible, the girl who had caused the tumult and assault, and I allowed the prisoners to be discharged from custody on giving ample bail for their re-appearance, and proceeded to take the evidence adduced on the summons against the priest. When the business of the day was nearly concluded, two women were brought in, having been taken in the act of assaulting a young woman at the market, which, at the time, was rather crowded. The violence inflicted was very severe, and it appeared that as the injured party was approaching the place where the others were standing, a girl, described as being about twenty years of age, explained, "Here she comes, the ---- ---- that has been swearing Father Pecherine's life away." Immediately a scene similar to the one in the morning was acted by female performers, the foremost being a large powerful woman, the wife of a publican in a neighbouring village. The supposed witness had been struck, kicked, and scratched; her hair pulled, and her clothes torn, and the similarity of the two zealous manifestations was fully evinced by the publican's wife, declaring that "she thought" the suffering party had been swearing against the priest, and she bitterly deplored the loss of three pounds of which her pocket had been picked in the "scrimmage." Two other women were subsequently arrested who _thought_ too hastily and acted too violently, but the inciter had managed to elude detection, and it was believed that immediately after her second exploit, she had hurried off to the railway and gone up to Dublin with her booty. I dealt summarily with the female prisoners, as the young woman whom they attacked was obliged to leave immediately for Manchester, where she had procured some engagement as a domestic. I indicted the very trifling penalty of sixpence on each delinquent for the assault, but supplemented each conviction with two pounds costs to the party assailed. This decision, in reference to the costs, was extremely repugnant to the feelings of those against whom it was awarded. It was at once pronounced to be hard, and they declared their total inability to pay so much for a "little mistake," and their disapproval of my judgment was greatly augmented by the alternative which was left to their option of two months' imprisonment with hard labor.

The fines and costs were almost immediately paid, and I believe they were defrayed by a subscription. On the newsboy's case being resumed, he declined all further prosecution, and declared that he had been sufficiently remunerated. The girl who had incited the attacks was detected in the act of picking a pocket in a place of worship at Kingstown, about a fortnight after the occurrence which I have detailed. She was not brought before me, but having been committed for trial by Mr. Wyse, her delinquencies procured her "a complete retirement from business" for seven years. She was not an un-thrifty thief, for it appeared at her trial that a savings' bank book was found on searching her lodgings, in which £37 were entered to her credit. It occurs to me that the name of this culprit was Catherine Gaffney. Dishonesty is very seldom associated with frugality. I have heard, during my magisterial experience, of only two instances of the union of such tendencies. I have already mentioned one. The other was a man named John Donohoe, a shop porter in the employment of the late Alderman Butler, in Christ Church Place. He was convicted, in February, 1853, of five distinct larcenies on his master's premises; and whilst he was robbing on every possible opportunity, he had £64 in a savings' bank.

THE CITY MILITIA.

At the commencement of the Crimean War, the militia regiments of the United Kingdom were embodied. The City of Dublin Light Infantry and Artillery and the County regiment were almost entirely raised in the metropolitan district. Recruiting for the line was also very briskly pursued here, and I can safely and deliberately state, that the military enrolments relieved our district of a great number of loose characters, whose abstraction was very salutary to our community. When the city militia became sufficiently strong for active service, they were embarked at Kingstown for Liverpool in a large steamer. I was on the jetty, and I do not think the English language could supply any opprobrious term that was not loudly ventilated in reference to me. The copious application of every variety of invective was really amusing to me, and it was only noticed by a frequent smile or an occasional laugh. It was remarked by one, that "if the d----l didn't take owld Porter, we might as well be without a d----l at all;" but another expressed his opinion, "that the d----l was in no hurry to grip the owld rascal, as he was certain to get him at last." I am sure, however, that if another police magistrate had been also present, he would have been considered fully entitled to participate equally in the compliments which I monopolized, and which I only notice in the hope that some remarks which I intend to submit to my readers in a subsequent page may be considered interesting, and perhaps, I may add, important.

A SCALD QUICKLY CURED.

An infantry regiment of the line was embarked at Kingstown in a very capacious steamer, I believe the Medusa, for Gibraltar or Malta. There was a large quantity of baggage which the men were actively engaged in conveying on board and stowing away. I was sauntering on the jetty when, at one o'clock, they were directed "to knock off for dinner." The meal was served on deck, and consisted of soup, bread, and meat, and the recipients availed themselves of every position in which they could speedily enjoy their repast. The circular seat around the window on the quarter-deck was fully occupied. The soup was brought up in large tin basins, and the bread was amply supplied, ready cut, from wicker baskets. One of the men who occupied the circular seat, seeing a basket of bread placed almost within his reach, stood up, advanced about a yard, and having procured what he required, stepped backward to resume his place. Meanwhile, one of the attendants had placed a large vessel of soup on the portion of the bench apparently vacant, and the soldier sat down in it. With a loud scream, indicative of acute pain, he rushed to the tafferel, and plunged into the sea. He was immediately rescued from the risk of drowning, and having been brought on board, was sent below for medical treatment, and to get his wet clothes changed. I saw him on deck in the course of the afternoon, and he stated that he was suffering very little, and that he would be "all right" very soon. Unless the temperature of the soup was below scalding heat, the instantaneous application of the cold water, although of a saline character, must have been extremely efficacious.

SAILORS LEAVING THEIR SHIP.

A large ship was quartered to convey the head-quarters of the 11th hussars from Kingstown to Balaklava. A considerable number of horses were embarked, and there were slings fastened to the roof and passing under each animal's body, which supported him whilst sleeping, but without allowing him to lie down. All arrangements for sailing had been completed. A steamer was provided to tow the vessel to the outside of the Kish Bank, and the wind was as favorable as possible for proceeding down the Channel. The captain announced, about ten o'clock, a.m., that he would leave at noon, whereupon three of his crew asked him to defer his departure until the next day, and to allow them to spend the intermediate time ashore. On his refusal, they required him to hoist a signal, which, to the best of my recollection, was _a blue shirt_, at the foretop, and he complied with their demand, inasmuch as, according to his statement to me, his refusal would subject him to most severe penal consequences. The signal denoted that there were persons on board willing to serve in the Royal Navy; and as soon as it was displayed, a lieutenant who was stationed at Kingstown, on the duty of naval recruiting, went on board, and was informed by the three sailors that they were desirous of joining his service. He acceded to their application, and the captain found himself unable to put to sea for want of sufficient hands, and without any expectation of being able to supply the deficiency for some days. In this emergency, he applied to me to have the men treated as wilful absconders, and to send them back to the ship. I had a communication with the lieutenant, whose name, I think, was Henderson; and whilst he fully admitted the hardship of which the captain complained, he declared that his orders were so stringently imperative that he could exercise no discretion, and had no alternative course to adopt. I observed that by retaining the men there would be a serious injury inflicted by one department of the public service on another, and that it amounted to military exertion being paralyzed by naval interference. He agreed with me as to the injurious effect of having the ship detained, but declared that he was unable to prevent it. I said that under the circumstances, I was inclined to have the men taken and sent back to the vessel from which they had virtually absconded. To this he replied, that he would offer no resistance to the execution of any warrant or order that I might issue, but that he would report the proceeding to the Admiralty. Thereupon, I suggested to the captain to have the ship taken from alongside the jetty to the centre of the harbour, and to stop any further communication with the shore. This was immediately done, and I then sent a warrant for the seamen, and had them conveyed on board, having previously advised them to go of their own accord, which they declined doing, with the intimation that if they ever returned to Ireland, they would smash every bone in my body, even if they were to be hanged the next minute for killing such a d----d old scoundrel. When they arrived at the ship, they told the captain that they would not do any duty, to which he replied that, whilst they refused to work, they need not expect to get any rations. The rest of the crew disapproved of their conduct, and I believe that they soon became reconciled to a resumption of duty. The lieutenant informed me, in a few days after the transaction, that he had fully reported the circumstances to the Admiralty, and that they approved of the course I had adopted, and exonerated him from any censure. I was subsequently informed by him, that on the arrival of the ship at Balaklava, she was boarded by a party from the flag-ship, and the officer in command produced the documents incident to the enlistment of the three men at Kingstown, and claimed them as belonging to the naval service. They had, however, the advantage of being allowed their pay, as seamen in the Queen's service, from the date of their enrolment at Kingstown, and they also had their wages from the vessel in which they had been employed during the voyage to the Crimea. None of them have returned as yet to realize their fearful intention on him whom they designated "a d----d old scoundrel;" and he never entertained the slightest apprehensions of any violent commentary on the course he adopted towards them.