CHAPTER IX.

COMMITTALS--A BARBER WANTED--DWYER THE REBEL--AN EXTRAORDINARY

INQUEST--SERGEANT GREENE'S HORSE--CHRISTY HUGHES--THE POLICE

CLERKS--RECORDER WALKER--THE POLICE STATUTES--PREAMBLE--A BENEFIT

SOCIETY CASE--POLICE RECRUITS--A BORN SOLDIER.

It is pleasing to observe decided improvements in institutions of

importance to the community. In the time of Major Sirr, the coarsest

language was addressed from the bench of the police courts, not only to

prisoners on serious charges, but to persons prosecuting or defending

summonses. If a magistrate of police were now to apply terms of abuse,

even to the most disreputable characters, he would most certainly be

severely censured, or perhaps dismissed. The personal characters of the

present magistrates of Dublin ensure the observance of the strictest

propriety in their courts. I may remark, also, that imprisonment cannot

now be inflicted in the reckless manner formerly adopted. On the day

when my magisterial functions commenced, I called for a list of the

existing committals to the Dublin prisons from the Head Office. I was

astonished to find that one man had been detained for the previous

fifteen years, another for thirteen, and a third for ten, in default of

sureties to keep the peace, and be of good behaviour. I ordered the

immediate discharge of those persons, and two of them expressed great

dissatisfaction at being thrown upon the world from which they had been

so long estranged. These committals were signed by Major Sirr. There is

no danger of persons being now sent to prison, and forgotten there; for

if such a committal were sent, through ignorance or inadvertence, the

Board of Superintendence would soon draw attention to the fact of a

prisoner's subsistence being charged on the public for an illegal or

unreasonable period. At the time when the committals to which I have

alluded came under my notice, I happened to meet with some reports from

a Governor of the Richmond Bridewell addressed to the magistrates of the

Head Police Office during the time when that prison was under their

exclusive control and supervision. In one of these documents, the writer

states the building to be in good repair, and perfectly adapted for the

safe custody of its inmates, and that every ward was in a clean and

wholesome condition. He proceeds to describe the good effects produced

by the use he made of a barber, who, for riotous and disorderly conduct,

had been committed for two months with hard labour. He had not put the

delinquent to stone-breaking or oakum picking, but employed him in

shaving and hair-cutting the other prisoners, the effect of which was to

improve their appearance, and to impart cleanly tendencies. He then

expresses his regret that the barber's term of imprisonment had elapsed,

and that the prisoners had become less cleanly-looking from remaining

unshaven and uncropt. He terminates the report by earnestly and most

respectfully suggesting to "their worships" to avail themselves of the

first opportunity that may offer for committing _another barber for the

longest term in their power_.

For some time after my appointment to the magistracy, Alderman John

Smith Fleming was my senior colleague at the Head Office. He had a very

vivid recollection of the rebellion of 1798, and was secretary to his

uncle, Alderman Thomas Fleming, Lord Mayor of Dublin in that year.

Amongst other anecdotes of that period, I have heard him relate that

Dwyer, one of the insurgent chiefs, had prolonged his resistance for

some months after the insurrection had been generally quelled. In the

mountains of Wicklow, with a few but faithful followers, he evaded every

exertion for his capture. Mr. Hume, of Humewood, near Baltinglass, was

particularly anxious to secure Dwyer. He was the commander of a corps of

yeomanry, and a magistrate of the County of Wicklow, which he also

represented in Parliament. Of very extensive influence, he easily

procured the co-operation of the civil and military authorities of his

own and of the adjoining districts. Still Dwyer was not to be had. At

length an arrangement was made that the yeomanry corps of the western

portion of Wicklow should assemble, at an early hour on an appointed

day, at Humewood, and should set out to scour the country, exploring

every recess, and leaving no place, on hill or plain, unransacked for

Dwyer. Yeomanry from Wexford, Carlow, and Kildare were to move on

preconcerted points, so as to intercept the fugitive if he should

attempt to shift his quarters. A day was wholly spent in a most

fatiguing search. It seemed as if Dwyer had transformed himself into a

bird, and flown beyond sight or reach. However, in a short time, Mr.

Hume received an intimation, that if Dwyer's life would be spared, and

that he would be permitted to leave the country, he was willing to

surrender. With the assent of the Government, Mr. Hume acceded to this

offer. Dwyer was brought to Dublin, and the required undertaking and

consequent immunity from punishment were acknowledged before the Lord

Mayor. The outlaw was kindly and generously treated by Mr. Hume during

the few days which preceded his departure for America; and at a final

interview Mr. Hume said--"Before we part, Dwyer, will you tell me how

you avoided capture on the day that we scoured the whole country in

search of you?" "Sir," replied Dwyer, "I had information of your

intentions, so I went to Humewood on the night before, and when the

yeomen were paraded on your lawn, before they started in search of me,

_I was looking at them from your hay-loft_."

For some years previous to 1842, the number of persons "found drowned"

in the County of Dublin was much greater than might be expected either

from the extent of the population or the nature of the locality. It was

indeed true that one canal, the Grand, extended along the greater part

of the southern boundary of the Irish metropolis, and another, the

Royal, was similarly situated in the northern direction; but although

these canals afforded great facilities for the termination of human

existence, whether by suicide or accident, the cases of drowning were

far more numerous than could be fairly attributed to violence,

intoxication, lunacy, or carelessness. It would also seem that the

southern canal was much more destructive to human life than the other,

and that the bank which was in the county possessed some attraction for

the corpses, for they were almost always taken out at the county side.

It happened on the 11th of March, 1842, a few minutes before 10 o'clock,

a.m., that a young man named Kinsella, who was employed in a distillery

at Marrowbone Lane, was proceeding, after his breakfast, from his

residence at Dolphin's Barn to resume his work, when, on approaching the

canal bridge, he was stopped by a constable, who informed him that the

coroner required his attendance, as a juror, on an inquest that was

about to be held on the body of an old man, just taken out of the canal.

Kinsella vainly expostulated against the detention. He was told that it

would be a very short business, for there were no marks of violence on

the corpse; it would merely be a case of "found drowned." The man was

accordingly sworn on the inquest, and the coroner having informed the

jury that they were required by law to view the body, they were

conducted to the apartment where it lay. As soon as Kinsella beheld the

corpse, he rushed forward, dropped on his knees beside it, seized the

stiff and frigid hand, and exclaimed, "My father! my poor, dear father!

We buried him on this day week, decently and well, in the Hospital

Fields. He had no business in the canal; and _them old clothes_ never

belonged to him; he never wore a stitch of them." The coroner and the

doctor vainly endeavoured to persuade Kinsella that he was mistaken; and

his recognition of his parent produced an enquiry, which resulted in

bringing to light some very extraordinary practices on the part of the

county functionary and his medical satellite. They were paid by public

presentment, according to the number of inquests held; and they had

recourse to the expedient of having bodies disinterred, clothed in old

habiliments, and thrown into the canal. Such bodies were almost always

discovered very soon, and were taken out on the county side of the

canal, to swell the coroner's next presentment for inquests on persons

who were "found drowned." A crush from a passing barge afforded an

additional profit, as the bruises constituted a plausible reason for a

_post mortem_ examination, and thereby doubled the doctor's ordinary

fee. The coroner and his associate were convicted of conspiring to

defraud, and consequently were deprived of their functions. It must be

acknowledged that, if their mode of procuring inquests was not honest,

it was certainly novel and ingenious. If the practice had been known in

the days of Hamlet, it would have furnished an additional reason for his

exclamation:--

"To what base uses we may return, Horatio."

In the year 1842, and for several subsequent years, by an arrangement

with my colleagues, I undertook the magisterial duties connected with

the licensing and regulation of job and hackney vehicles, and the

adjudication of complaints in the carriage court. At the time when I

assumed those duties, Richard Wilson Greene (whose high legal

acquirements ultimately obtained for him the position of Baron in the

Court of Exchequer) was in very extensive practice at the Bar. An issue

from Chancery was sent to be tried at one of the principal towns on the

Leinster Circuit, and he was specially retained for one of the parties.

A very efficient reporter, named Christopher Hughes, in whose character

there was great comical eccentricity, was employed to take down, in

shorthand, the trial of the issue. Early in the succeeding term, it was

arranged that a consultation should be held at the house of the senior

counsel, in Leeson Street, and Mr. Hughes was requested to meet Mr.

Greene at the Courts, with his notes, and to accompany him to the

consultation. The appointed time had nearly arrived, when Greene and

Hughes hurried off from the Four Courts. Having passed out to the quay,

the former hailed an outside car, on which they sat beside each other,

and the driver was ordered to make all possible haste to Leeson Street.

The horse was a fine-looking animal, but he stepped high and was very

slow. Mr. Greene urged the driver to hasten on, and after two or three

expostulations, he remarked to the Jehu that the horse was unfit for a

jaunting car, although he was large and strong, but that he would suit

well for a family carriage. The driver, a lad of eighteen or nineteen

years of age, exclaimed, "Bedad your honor is a witch!" "What do you

mean?" asked Mr. Greene. "Oh," replied the carman, "I mane no offince,

but yer honor is right about the baste; that's what he is. I'll tell yer

honor a saycret. The baste is a carriage horse belonging to one

Counsellor Greene, and the coachman has a hack-car and figure on Bride

Street stand. He ginerally manages to have something the matther with

one of the horses, and that gives him an opportunity to get a good deal

of work out of the other in the car." Although Mr. Greene was very angry

at what the driver had communicated, he did not disclose that he was the

owner of the horse. He whispered to Hughes, and requested him to give

the driver his name and address, but to leave him unpaid. When they

arrived at Leeson Street, Greene at once entered the house of the senior

counsel, and warned the servant against telling his name to the carman.

Hughes had a scene, and was treated to a copious supply of opprobrious

epithets, but he did not pay, and merely gave his name and address. He

was summoned, at the owner's suit, before me; and when the case was

called the proprietor of the vehicle, in very energetic terms, demanded

exemplary costs against the defaulting hirer of his car. His

denunciations were suddenly interrupted by the appearance of Mr. Greene;

and there was abundant merriment, of which I had a full share, when it

transpired that the learned Queen's Counsel had hired a hack-car drawn

by his own horse. The coachman ran out of court, and I afterwards heard

that he never applied for wages or discharge. The incident attained

great publicity, and afforded much amusement in "The Hall" amongst the

long-robed fraternity. One day Greene said to some of his brethren that

he believed the fellow had left Dublin, but that he was strongly tempted

to send the police in quest of him. "Send your horse," observed the

facetious Robert Holmes, "for he is best acquainted with _the carman's

traces_."

Mr. Hughes, whose name appears in the preceding anecdote, deserves to be

noticed upon his own merits. He was frequently engaged in reporting

proceedings in the Police Courts, and we never had occasion to impute

any inaccuracy to his statements. He was always ready to assist any of

his brethren of the "press-gang," and to suggest a palliation or excuse

for their casual errors. I frequently indulged him with permission to

sit in the magistrate's room whilst he was transcribing his notes, and I

have been often amused with his remarks and statements, which were

strictly true, and in which he never concealed his own professional

expedients or mistakes. He mentioned that he was directed to go to one

of the dinners of the Malachean Orphan Society, where O'Connell

presided, but having indulged in his potations at a luncheon, he forgot

the requirement for his services at Mrs. Mahony's great rooms in Patrick

Street. "I slept," said he, "until about 11 o'clock, and then I

recollected myself, so I went quietly to the office and got the file of

the previous year, and, with a little alteration, it did for the day's

dinner as well." He often mentioned what he designated his greatest

mistake. He described it thus:--"On the concluding day of George the

Fourth's visit, in 1821, he went to Powerscourt, where he got a splendid

reception from the noble proprietor. Lord Powerscourt had caused

reservoirs to be constructed above the waterfall, in order that when his

Majesty went to see it, the sluices might be drawn, and a tremendous

cataract produced. I went down in the morning and viewed the place, and

minutely noted all the preparations. I then drew on my imagination for a

description of a second Niagara, and put into the mouth of the royal

visitor various exclamations of delight and surprise. I sent off my

report, and it appeared in due time, but unfortunately the king was too

much hurried by other arrangements, and did not go to the Waterfall at

all, but drove direct from Powerscourt House to Kingstown, where he

embarked. I have been often quizzed for my imaginative report, but,

nevertheless, I stated what the King _ought_ to have done, and what he

_ought_ to have said, and if he did otherwise, it was not my fault."

I was extremely fortunate, at my accession to magisterial office, to

find myself provided with clerks who could not be surpassed in

diligence, integrity, or intelligence. I shall particularize Messrs.

Pemberton and Cox. The former was the son of a previous chief

magistrate, at whose instance he was appointed. The latter had been for

several years in America, and had been engaged by Jacob Philip Astor in

forming the settlement of Astoria, in Washington Irvine's description of

which he is most favorably mentioned. He was a man of great literary

taste, and was an accomplished linguist. Their performance of official

duties never required from me, nor to my knowledge from any of my

colleagues, the slightest correction or reproof. Pemberton was a

solicitor, and was promoted in 1846 to the Clerkship of the Crown for

the King's County. He had been many years before an assistant to Messrs.

Allen and Greene, the Clerks of the Peace for the City of Dublin. I

shall have to notice hereafter some amusing incidents connected with

Cox, but shall give precedence to a few anecdotes derived from

Pemberton, and arising from his acquaintance with the old Session House

in Green Street, and the records there, to which, I suppose, he had full

access.

Towards the close of the last century an aid-de-camp of the then viceroy

was indicted, at the Quarter Sessions, for the larceny of a handsome

walking-stick, and also for assaulting the gentleman who owned it, and

who was, moreover, a Frenchman. The transaction arose in a house of a

description unnecessary to be particularized. An affray took place, the

Frenchman was kicked down stairs, and lost his cane, which was alleged

to have been wrested from him by the aid-de-camp. The charge of larceny

was absurd, and the grand jury ignored the indictment. But the assault

could neither be denied nor justified, and the traverser submitted,

pleaded "guilty," and was fined five pounds. That punishment did not

cure his propensity for beating Frenchmen and taking their _sticks_. On

the 21st of June, 1813, he beat Marshal Jourdan at Vittoria, and

captured his _baton_; and on the 18th of June, 1815, at Waterloo, he

beat the greatest Frenchman that ever lived, Napoleon Bonaparte. I do

not feel justified in naming the delinquent aid-de-camp, and perhaps the

reader may think it quite unnecessary that I should.

More than half a century has elapsed since the office of Recorder of

Dublin was held by Mr. William Walker, whose town residence was in Lower

Dominick Street. One day a groom, in the service of a Mr. Gresson, was

tried before him, for stealing his master's oats. The evidence was most

conclusive, for the culprit had been detected in the act of taking a

large bag of oats out of his master's stable, which was in the lane at

the back of the east side of Dominick Street. When the prisoner was

convicted, the Recorder addressed him to the following effect:--"The

sentence of the Court is, that you are to be imprisoned for three

calendar months; and at the commencement of that term you are to be

publicly whipped from one end of _that lane_ to the other, and back

again; and in the last week of your imprisonment, you are to be again

publicly whipped from one end of _that lane_ to the other, and back

again; for I am determined, with the help of Providence, to put a stop

to oat-stealing in _that lane_." His worship's emphatic denunciation of

oat-stealing in _that lane_, arose from the circumstance of his own

stable being the next door to Mr. Gresson's.

The same civic functionary was a great amateur farmer. He had a villa

and some acres of land at Mount Tallant, near Harold's Cross, and prided

himself upon his abundant crops of early hay. On one occasion he entered

the court to discharge his judicial duties at an adjourned sessions, and

was horrified at hearing from the acting Clerk of the Peace (Mr.

Pemberton) that there were upwards of twenty larceny cases to be tried.

"Oh!" said he, "this is shocking. I have three acres of meadow cut, and

I have no doubt that the haymaking will be neglected or mismanaged in my

absence." In a few minutes, he inquired in an undertone, "Is there any

old offender on the calendar?"

"Yes," was the reply, "there is one named Branagan, who has been twice

convicted for ripping lead from roofs, and he is here now for a similar

offence, committed last week in Mary's Abbey."

"Send a turnkey to him," said the Recorder, "with a hint that, if he

pleads guilty, he will be likely to receive a light sentence."

These directions were complied with, and the lead-stealer was put to the

bar and arraigned.

"Are you guilty or not guilty?"

"Guilty, my lord."

"The sentence of the court is that you be imprisoned for three months.

Remove him."

Branagan retired, delighted to find a short imprisonment substituted for

the transportation that he expected. As he passed through the dock, he

was eagerly interrogated by the other prisoners--

"What have you got?"

"Three months."

"Three months--only three months!" they exclaimed; "Oh! but we're in

luck. His lordship is as mild as milk this morning. It's seldom that

he's in so sweet a humour."

"Put forward another," said the Recorder.

"Are you guilty or not guilty?"

"Guilty, my lord."

"Let the prisoner stand back, and arraign the next."

Accordingly, the prisoners were rapidly arraigned, and the same plea of

"Guilty" recorded in each case. Presently it was signified to his

lordship that the calendar was exhausted. All the thieves had pleaded

guilty.

"Put the prisoners to the front of the dock," said he; and they were

mustered as he directed. He then briefly addressed them--

"The sentence of the court is that you and each of you be transported

for seven years. Crier, adjourn the court."

Branagan had been thrown as a sprat, and had caught the other fish

abundantly. This incident might afford a useful, or perhaps it should be

termed, a convenient suggestion, to other judicial functionaries,

especially on circuit when there is a crowded dock.

When Mr. Pemberton received the appointment of Clerk of the Crown for

the King's County, Mr. Cox, who had been for several years the second

clerk in the Head Police Office, succeeded to the chief clerkship. He

possessed very extensive knowledge of the world, and was highly

educated. Many incidents connected with him are worthy of being

recorded. I may mention here that the Police Laws of the Irish

Metropolitan district are, to the highest degree, complex, voluminous,

involved, and perplexing. In the English Metropolitan district two

statutes regulate, one the Police Force, and the other the Police

Courts. In Dublin we have a statute passed in 1808, another in 1824, a

third in 1836, a fourth in 1837, a fifth in 1838, a sixth in 1839, a

seventh in 1842, and an Act in relation to public carriages, which may

also be termed a police statute, in 1848. They contain three hundred and

sixty-six sections, and may be designated as disgraceful to the several

executive governments which have left them unconsolidated and

uncodified. When the 5th Vic. sess. 2, Chap. 24, passed, it recited the

other Acts to which I have alluded, and then its preamble proceeds to

heap or bundle them all together in the following terms:--

"Be it therefore enacted by the Queen's most Excellent Majesty, by

and with the advice and consent of the Lords Spiritual and

Temporal, and Commons, in this present Parliament assembled, and by

the authority of the same, that the said recited Acts of the

forty-eighth year of the reign of King George the Third, of the

fifth year of the reign of King George the Fourth, of the session

of Parliament holden in the sixth and seventh years of the reign of

King William the Fourth, of the first year of Her present Majesty's

reign, and of the sessions of Parliament holden respectively in the

first and second, second and third, and third and fourth years of

Her present Majesty's reign, and this Act, shall be construed

together as one Act; and that all and every the enactments and

provisions therein contained shall apply and extend to this Act,

and to all Convictions, Warrants, Distresses, Proceedings, and

Things, made, taken, or done in execution of this Act, as fully to

all intents and purposes as if the same were herein repeated and

re-enacted, save in so far as such enactments and provisions are

inconsistent with or contrary to this Act, or as such enactments or

provisions may be altered by this Act, or other enactments or

provisions made in lieu thereof."

Mr. Cox commented on this farrago by observing that "its framer would

have an easy death, for that if he was affected with ague, or even if he

were hanged, he would be too lazy to shake in the former or to kick in

the latter case." In the blank leaf of a bound copy of the Police

statutes, the following was written in reference to the preceding

quotation:--

"The preamble saith the forty-eighth of George the Third is one,

that must be tack'd to another Act, the fifth of George his son.

Then whilst you're at it, just take a statute, the sixth and

seventh session, of him who did own the British throne, the next in

due progression. Then the first of the reign of our present Queen,

and then the first and second; the next that occurred was the

second and third, then the third and fourth is reckoned. All these

in fact, to the present Act, you must fasten tight as leather.

There may be flaws in many a clause, but, take them all together,

it must be your plan, as well as you can, to deal with your

numerous doubts, or be the employer of some shrewd lawyer, to shew

you their ins and outs. If your puzzled brain, you rack in vain,

until you fume and curse; if they bother you, why they've bothered

me too, so take them for better, for worse."

There were, and I suppose still are, many complaints preferred before

divisional magistrates, at the Police Courts, in reference to claims on

Benefit or Friendly Societies, for allowances in cases of sickness, or

for money payable to members or their representatives, under family

visitations. Whenever any summonses on such subjects were disposed of by

me, I called for the transaction and account-books, and required them to

be produced at the commencement of the proceedings. On one occasion a

quire of copy paper, stitched in a cover of brown, in a condition

absolutely dirty, and in which the entries were irregularly scrawled,

was handed up to me. I strongly censured such a slovenly mode of

recording their proceedings as very discreditable. On hearing the

complainant, I considered that the case was very well suited for an

arbitration, and the parties offered no objection to have it so disposed

of; but they disagreed on each of the other societies which were

suggested for the purpose of deciding it. However, one of the persons

concerned said, that he would be satisfied to leave the matter entirely

to Paddy Flannery, whom he saw present, and whom he considered "the most

knowledgeable man in all Dublin on such a business." The others

concurred, and I directed Mr. Cox to indorse on the copy of the summons

a reference by me, with the consent of the parties, of all matters in

dispute between them to the aforesaid Flannery. I proceeded with some

other business; and the indorsement having been made, I signed it

without any hesitation, and it was given to the late Mr. Charles

Fitzgerald, who was concerned in the case, but in whose honor and

probity all parties who knew him fully confided. In a day or two after,

I was talking to him, during a few minutes of leisure, and he showed me

the indorsement which I had signed. It was as follows:--

"This Benefit Society, which keeps no proper book, evinces

impropriety deserving a rebuke. As further litigation on each part

they decline, no other observation is requisite on mine. 'Tis left

to Patrick Flannery to judge of every fact, and in whatever manner

he thinks right they're bound to act. My order I reserve until he

makes out his award, and when he does, at once I will the rule of

Court record."

Dr. Ireland was, for many years, the principal surgeon of the Dublin

Metropolitan Police. He had to inspect the recruits, and satisfy himself

of their size, health, mental capacity, and bodily strength being

suitable to the service in which they proposed to engage. Cox said that

the Dublin Police was in one respect, very like to Howth Harbor, as no

one could get into either without passing "Ireland's Eye." When the

railway was being made from Dublin to Wicklow, he said that its course

through the County of Dublin was extremely inharmonious, for it went

first to a Dun-_drum_, proceeded to a Still-_organ_, and then attained

to a _Bray_.

Mr. Cox came into the Police Court one morning after the custody cases

had been disposed of. He brought forward an elderly female whom he

stated to be desirous of making a statutable declaration before me, and

which she had brought already drawn. There was a peculiar expression in

his countenance as he suggested that I might, perhaps, be pleased to

peruse the document previous to its official reception. It was made

under circumstances which I shall briefly mention. A young man named

Dempsey thought fit to embrace a military life, and enlisted in the 97th

Regiment. He did not give his paternal name, but adopted the maiden name

of his mother, and was enrolled as Peter Moran. He served for some years

in India, but died there from the effects of sun-stroke. Some arrears of

pay and a share of prize-money were due at the time of his decease; and

his widowed mother applied, as next of kin, to obtain the amount. The

War-Office authorities did not understand how Peter Moran came to be the

son of Anne Dempsey. The declaration to which Cox slyly drew my

attention was intended to afford an explanation of the grounds on which

the claim was preferred, and it, moreover, afforded an instance of a

martial disposition being as early in its inception as the

birth-acquired tendency of poetic inspiration. The declaration was as

follows:--

"Police District of Dublin}

Metropolis, to wit,}

I Bridget Carey, of Fade Street, in the City of Dublin, widow, do

hereby solemnly declare that I am a midwife, and have been such for

the last thirty-five years; and I further declare that about

twenty-seven years ago, I attended Anne Dempsey who was then living

in Little Longford Street, in her confinement, and, with God's

assistance, I then and there _safely delivered her of the soldier

in dispute_, and I make this declaration for the information of the

Secretary-at-war, and the other authorities of the War Office, &c."

Cox remarked, with an assumption of gravity which was irresistibly

comic, "I suppose, your worship, that it is not necessary to describe

the uniform or accoutrements in which 'the soldier' made his natal

appearance." The document was retained by me, and another was

substituted, in which the deceased was not accorded the distinction of

having been "born a soldier."

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