Twenty Years' Recollections of an Irish Police Magistrate. Frank Thorpe Porter
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."
CHAPTER X. MENDICANCY.
I think that some useful information may be blended with amusement by offering to my readers a few anecdotes in reference to mendicancy and the laws intended for its repression. Two persons were charged before me at the Head Police Office, in 1843, with begging in the public streets. One was detected in Castle Street and the other in Palace Street. They were male and female, and stated themselves to be brother and sister. Neither denied the commission of