Today, the Faster Quarter Sessions for the city commenced with the opening remarks from His Honor Judge Adams. Present on the bench were the Mayor (Mr M Donnelly) and the High Sheriff (Mr James Flyun). The court officials in attendance included Mr W. M. Beauchamp, Clerk of the Crown and Peace; Mr C. H. Fitt, Assistant Clerk; and Mr T. D. McCoy, Registrar. Among the magistrates present were Mr A. Hall, Mr J. H. Roche, and Miss John Fiumnno.
Mr Leahy, the defence counsel, stated that there was no need to call the grand jury. The defendant, Richard Wallace, was accused of stealing two sovereigns from a man named Ellodt, a quartermaster aboard a ship that arrived in port on the 10th of this month. Although Ellodt was supposed to appear as a witness, he did not show up. Mr Leahy requested a warrant for Ellodt’s apprehension and suggested that the case be postponed until the next Quarter Sessions. They had managed to recover about 30 shillings of the allegedly stolen money.
Mr Nash, the solicitor, objected to Mr Leahy taking control of the case. His Honor interjected, remarking that it seemed like the prosecutor was the one who had disappeared. Mr Nash requested that the defendant be released on his own recognizance. His Honor agreed and asked about the whereabouts of the prosecutor. Mr Leahy responded that they had no information on that matter. His Honor questioned the defendant, asking if he knew the person from whom he allegedly stole the £27 (Laughter ensued). The Defendant replied, “No, your Honor.” Mr Nash asserted, “There is not a shadow of evidence against this man.” His Honor cautioned Mr Nash, stating, “[…] be careful now.” His Honor decided to adjourn the case until the June sessions, with the condition that if the prosecutor did not attend by then, a nolle prosequi should be issued. His Honor inquired about the defendant’s duration in jail, and Mr Leahy stated it had been approximately three weeks. His Honor asked Mr Nash if he had any application for compensation for the time the defendant spent in jail, to which Mr Nash replied that it would be addressed later.
His Honor then discharged the Grand Jury without their oath. Mr Ambrose Hall sought to address the case of Mr Thomas Bourke, a publican on Wickham Street, whose fine for a violation of the Licensing Act was initially increased to £10 on appeal by His Honor, Mr Roche, and Mr Guinane. However, the court later reduced it back to £5. Mr Hall stated that he disagreed with the County Inspector or Registrar’s assertion that the court lacked the power to increase the fine on appeal. He mentioned previous instances where fines were increased on appeal, citing the judgment of the Recorder of Cork. He wanted his fellow magistrates to be informed and suggested reading part of the Recorder of Cork’s judgment. Mr Leahy argued that the Recorder of Cork had reached a different decision recently, and according to the section of the 1872 Licensing Act, the court could “confirm, reverse, or modify.” He added that he did not intend to debate with Mr Hall.
Limerick Echo – Tuesday 29 March 1904
