CIRCUIT REMINISCENCES.
Some friends of the Leinster Circuit have suggested that a few descriptive notices of my personal recollection of scenes in court, convivial evenings at the Bar-mess, or other amusing incidents of the period between 1827 and 1840, during which time I had attended every Assize Court held in Wicklow, Wexford, Waterford, Kilkenny, and Tipperary, might not be unacceptable. The subject is one in which the pleasures of memory are mingled with numerous regrets; for of all those whose learning and talents excited my respect and admiration, or whose wit and conversational powers rendered their society invariably delightful, very few remain. Of the judges which I remember, I considered Chief Baron O'Grady (subsequently created Lord Guillamore) the most amusing public functionary that I ever had seen. He came our circuit but once during my time. At Wicklow he presided in the Crown Court; and amongst the cases for trial there were four or five for sheep-stealing, and they were all convicted. Sheep-farming was at that time so prevalent in Wicklow, and considered so important by the class of persons who were summoned as jurors, that an accusation of sheep-stealing almost invariably eventuated in conviction. Towards the close of the assizes, a member of the Militia band then stationed at Arklow was put forward for trial on an indictment for the manslaughter of a comrade, whom he had killed with his sword on a sudden altercation. The case appeared fully to warrant a conviction, but the jury, without even retiring, acquitted the prisoner. Mr. Scott, the senior counsel for the crown, expressed an indignant disapproval of the verdict, upon which the Chief Baron observed, "Mr. Scott, the prisoner is not yet discharged, and you can get a conviction immediately if you only indict him for sheep-stealing." When we proceeded to Wexford, the Chief Baron, as Record Judge, had but two short cases to try, and when they were disposed of, he engaged in the trial of criminals. A woman named Hester Carroll, who had been for some time a pest and disgrace to the town of Enniscorthy, was put forward, charged with a robbery of a gold watch and chain, and upwards of twenty pounds, from a farmer, who had become intoxicated in her society. She was found guilty, and when the verdict was announced, a sergeant of constabulary, who had been the principal means of her detection, advanced to the table in the Record Court where she was standing, to take away various articles which had been found in her possession; whereupon she sprang at him, tore his face fearfully, and bit his hand very severely. When she was disengaged from her intended victim, and held so as to prevent further violence, the Chief Baron pronounced the sentence of the court in terms which seemed to me and others of his hearers to be an imitation, in style and assumed solemnity, of that incident to a capital offence. After some preliminary observations on the heinous nature of her crime, and the certainty of her guilt, and the tendency of her conduct in court to prevent any mitigation of punishment, he concluded in the following words—"The sentence of the court is that you, Hester Carroll, shall be taken from the place where you now stand, to the gaol from whence you were brought, and from thence that you shall be transported for the term of seven years to such penal settlement or colony as his Majesty's government may direct, and may God have mercy upon those who shall have to manage you there."
A prisoner was tried before him at Wexford on an indictment for highway robbery, and although the evidence amounted to a strong probability of his guilt, the verdict was an acquittal. Richard Newton Bennett, who defended the prisoner, immediately applied to the Chief Baron to order the man to be liberated, to which the other replied, "He will be discharged from custody, Mr. Bennett, to-morrow at noon. I shall set out for Waterford in the morning, and I wish to have a couple of hours start of your client."
In my early professional days the law in reference to injuries to growing crops of vegetables was very imperfect, and although taking potatoes, turnips, &c. out of the owner's ground was considered a very serious trespass, the offence could not be treated as actual larceny. Some proceedings at Waterford, in reference to the abstraction of turnips, were held to be insufficient to sustain an indictment, and a deputation of the Grand Jury sought a conference with Chief Baron O'Grady on the subject. One of them asked his Lordship if the delinquents could be made liable to punishment under the Timber Act, to which he gravely replied, "Certainly not, unless you can prove that the turnips were sticky."
Charles Kendal Bushe had been a member of the Leinster Bar; and when he had attained the distinguished position of Chief Justice, he frequently selected his former circuit as a Judge of Assize. Amongst the members of the Bar he was not merely respected and admired, but beloved. Portly in his personal appearance, he was dignified without ostentation, witty without sarcasm, learned without pedantry, and his judicial duties were discharged with impartiality, patience, kindness, and humanity. Kilkenny was his native county, and amongst the gentry of that place his family had been long established. The judges on circuit usually invite two or three barristers to dinner daily in each town; and I had the very agreeable honor of being an occasional guest of Chief Justice Bushe. I recollect a conversation relative to the criminal calendars of that time compared with those of the previous century. The Chief Justice said that the name of his family had been introduced into the charge of a judge to the Grand Jury of Kilkenny, about the year 1760, in terms far from complimentary. There were then organised bands or gangs of freebooters, who plundered and maltreated the proprietors and tenants of estates, unless a certain subsidy, called rapparee rent, or blackmail, was paid for their forbearance, and concealment and subsistence afforded whenever required. He said that the Agar family, (pronounced Eager,) the Floods, and the Bushes had become contributory to the marauders, and sheltered them from capture. Rumours of such an arrangement having been circulated, it was alluded to by Baron Dawson telling the Grand Jury of Kilkenny that their county was eager for prey, flooded with iniquity, and that every bush sheltered a knave.
Having given the Chief Justice's anecdote in reference to three names, I may mention that my own name has not passed scotfree. At our Bar-mess, the Hon. Patrick Plunket was one evening insisting that I should sing a particular song. I begged to be excused, but he persevered, and continued exclaiming, "Porter! Porter!" I said that "although I was 'Porter,' he should not make a butt of me." He replied, "I don't want to make a butt of you, I only wish to get a stave out of you."
Judge Torrens often came on our circuit, and generally dined twice at the bar-mess: one dinner being the customary banquet given by the Bar to the judges at Kilkenny, and the other being by special invitation at Clonmel. He was always desirous on such convivial occasions of obtaining some vocal contributions, especially of a comic character. His favorite song was "The Wedding of Ballyporeen." He was Judge of the Record Court at Clonmel in 1833, and immediately after taking his seat at the commencement of the Assizes, was applied to by the late Mr. Brewster to fix a day for the trial of a case, the parties to which, and their witnesses, had to come from the most distant part of the country, namely, Ballyporeen. The Judge made the order sought, saying, in a playful tone, "Is Mr. Porter engaged in this Ballyporeen case?" "No, my Lord," replied Brewster, "I regret that I have not the assistance of my learned friend."
"Most unquestionably," said his Lordship, "he ought to be in it."
There were some attorneys present who heard his remark, but they were not aware of the origin of his suggestion. Perhaps they ascribed it to a very favorable opinion of my professional capacity, or to a feeling of personal friendship; but I found it subsequently productive of several record-briefs, which I might truly say were obtained "for a song."
In 1836, the Attorney-General (Richards) appointed me to a Crown prosecutorship on the circuit. In the afternoon of a day next before the opening of the Assizes of Clonmel, in 1838, I was sitting and noting a brief, whilst about a dozen more were lying on my table, when I was informed that a gentleman wished me to grant him an interview. Acceding to his request, I desired the servant to show him up, and I immediately perceived that he was an ecclesiastic. I proffered him a chair, and he proceeded to inform me that he was the Rev. Mr. Coony, a Catholic curate in a parish the name of which has escaped my memory; but it was near Clonmel. He was young, and zealous in advancing the religious interests of the flock with which he had recently become connected, and stated it was much to be regretted that the Catholic church of his parish was so completely out of repair as to require almost a total renovation. That he had been encouraged by the character he had heard of me to appeal to my generous and charitable disposition for a subscription towards rendering the church suitable and safe for his numerous poor parishioners. I was inclined at the time to have a little fun with his reverence, and said, "Well, sir, when you have your church repaired, I suppose you will make it as available as possible to the religious and moral improvement of your people."
"Certainly, sir; we shall endeavour to do so."
"You will urge them to abstain from fighting and killing each other, from administering unlawful oaths, serving threatening notices, burning houses, houghing cattle, or plundering firearms, and even from excessive drinking."
"Assuredly, sir, it will be our duty to do so."
"So you come to me, to persuade me to cut the ground from under my own feet, by subscribing to further your acknowledged intentions. I am a prosecuting counsel on this circuit, and on the table before you I have a profitable assortment of murders, conspiracies, and attempts to murder, abductions, threatening notices, and faction-fights. You would render my vocation worthless by inculcating the observance of law and order, quietude, and temperance. It would be much more reasonable that I should be asked to subscribe to a society for the distribution of blunderbusses and pistols."
"Oh!" exclaimed the astonished priest, "may heaven grant that I shall never again hear such expressions from human lips."
"Well," said I, "suppose we effect a compromise. You expected to get a pound from me. Will you let the poor Crown prosecutor off for half-a-sovereign?"
"Mr. Porter," said he, "I now feel convinced that you were jesting; for, if you really felt as you spoke, you would not give me a farthing."
I gave him the half-sovereign. We walked together to "The Ormond," where we had some biscuits and wine, and parted on most friendly terms.
For a considerable time previous to my retirement from the Leinster Bar we had a junior member of that body whose name it is unnecessary to mention fully. He had been the adjunct or drudge of an attorney-general, and was consequently known amongst us by the designation of "Tom the Devil." I have heard that in his earlier years he had been a midshipman on board the "Orwell," a splendid ship belonging to the East India Company, and that for some special service which he undertook and accomplished under most dangerous circumstances, the Directors had allotted him a reward of one thousand guineas, on the acquirement of which he returned home to Ireland, and applied himself to the legal profession. He was greatly liked amongst us, and none relished his society more than I did. He frequently became my chum on circuit, and on one occasion, at Clonmel, he asked me to convey, in reference to a personal quarrel, the most liberal offer perhaps ever made to an adversary. There was an individual whose conduct and character were by no means questionable, as they were fully ascertained to be thoroughly disreputable, and he came to our lodgings whilst I was ordering breakfast. He was accompanied by another person who had been concerned, as a second, in a recent hostile meeting, and he stated that he wished to have an interview with Mr. ——, meaning my chum, "Tom the Devil," who was still in bed in a small adjoining room. I went to the door and said, "Tom, here is Mr. ——, who wants to see you." He jumped up, and without adding any other garment to his night-shirt, put his feet in his slippers and entered the sitting-room; then turning to the applicant he said, "What do you want with me?"
"Mr. W——," was the reply, "I have been informed that on several occasions you have insinuated various matters prejudicial to my character, personal and professional; and I deemed it necessary to have a direct explanation as to whether you have expressed such injurious insinuations."
Tom replied, "You have been altogether misinformed. I can solemnly affirm, indeed I can safely swear, that I never breathed any insinuation whatever respecting you." The other bowed and seemed evidently gratified, but Tom continued, "I admit that I have spoken of you, but not indirectly. I have not hinted or insinuated, but plainly stated that I considered you a low, mean, ignorant, pettifogging blackguard. That is my explanation; and now, sir, if you will only wait until I draw on my boots, I shall feel much pleasure in kicking you down stairs."
I stepped forward, and implored the interrogating party and his friend to retire. I said that the apartment was mine, and that I would not allow any further altercation there. I succeeded in getting them away, and then I said to my candid chum, "This is a most unpleasant affair to occur in my presence. It may be highly injurious to me, for it will produce a challenge and a hostile meeting."
"He wont fight," observed Tom. "They are gone down the street, and as you are dressed, slip on your hat, and follow them. Tell the rascal to make no further row here, but to start at once for Milford, where I'll meet him. Tell him that my brother gave me forty pounds yesterday, and if he fights me I'll give him twenty, and, by ——, I'll pay for his funeral into the bargain."
I declined carrying this liberal offer. I may add that there was no challenge sent, and the party against whom there had been no insinuation immediately retired from the profession. I cannot call to mind any further reminiscences connected with the Leinster Circuit. I regret that, whilst I was a member of it, I did not keep a regular diary.
In the foregoing pages I have mentioned occurrences and personal observations incident to my sojourns in France, Germany, Spain, and England. In all the cities which I visited, I found the people by no means indifferent to the reputation of their respective localities, or disposed to impress strangers with the opinion, that they had arrived in a place where vulgarity, dishonesty, and brutal violence habitually prevailed; and where to the worst and most appalling crimes there had been publicly accorded
"A local habitation and a name."
It would seem specially reserved for Dublin, my native city, to record by public inscriptions, and to insert in the list of our metropolitan thoroughfares, that within the municipal precincts there may be found a Cow-parlour, a Pigtown, a Cheater's Lane, a Stoneybatter, a Cutthroat Lane, and a Murdering Lane. It may be said that these places are mostly of small dimensions, but they appear in Thom's Official Directory in the same type, and fully as conspicuous to the eye of a stranger as the most populous and important of our streets or squares. Within my memory Skinner Row has been metamorphosed into Christchurch Place, Dirty Lane has become Bridgefoot Street, half of Exchequer Street has been converted into Wicklow street, and French Street has been elevated into Upper Mercer Street. Surely the same authority that effected such alterations ought to substitute other names for those which cannot be retained without continuing to impute to our city that it contains places specially appropriated to low, vulgar, dishonest, and sanguinary practices. During my tenure of magisterial office I found the city of Dublin capable of very favorable comparison with any other place of similar extent and population; and I consider the names to which I have referred most unjustifiably false and defamatory. The designation of one of our bridges has lately been changed, and it is to be henceforth made conducive to the memory of Grattan. The motives of those who proposed such an alteration were undoubtedly patriotic and praiseworthy; but identifying the truly illustrious orator and statesman with a bridge across the Liffey, will not, in the present state of the river, tend to keep his name in good odour.
Since my return home I have lived in such retirement and quietude that I cannot refer to any incident worthy of insertion in these pages. In concluding these "Recollections," I have to assure my readers that I have sedulously endeavoured to minister to their information or amusement. If I have succeeded, their approval will impart great happiness to the closing years of my life; and having done my utmost, I trust that they will accord me a favorable criticism, for which I shall be deeply grateful.
Porteous and Gibbs, Printers, 18 Wicklow-street, Dublin.