In the King’s Bench Division of Dublin, on a Friday, before Mr Justice Johnson, Mr Justice Gibson, and Mr Justice Kenny, the case of The King (Loch) vs. Fitzpatrick and others was heard. This was an application to confirm a conditional order of mandamus, which directed the magistrates of Galbally Petty Sessions to proceed with a prosecution initiated by District Inspector Loch against Cornelius Cunningham of Ballylanders, County Limerick. The charge against Cunningham was that he had unlawfully sold porter on premises without the required license, in violation of the provisions of the 17 and 18 Victoria, chapter 89, section 3.

It was revealed that the case had been adjourned multiple times. Ultimately, on November 5th of the previous year, the magistrates, with a majority decision, concluded that they lacked jurisdiction to hear the case. They argued that the prosecution had not been initiated under the appropriate statute. When Mr Loch requested them to present a case, they declined to do so. However, the order in the magistrates’ records indicated that the case was “minuted.”

Mr Dudley White, represented the Crown, and Mr Doyle, K.C., represented the defendants. Following some discussion, the Court directed that the conditional order be amended to request a mandamus that either compels the magistrates to hear the summons or to state a case. Mr Doyle acknowledged that the magistrates were committed to fulfilling their responsibilities.

The matter was subsequently debated, and the conditional order was amended as directed by the Court. The Court reserved its judgment on the case.

Limerick Echo – Tuesday 30 January 1906