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Local Petty Sessions Frank Watters

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Local Petty Sessions Frank Watters 69 Local Petty Sessions Frank Watters The office of Justice of the Peace is a very ancient conducted the ordnance survey locally says that in June one dating back to the year 1327 when, during 1835:? the reign of Edward III, a statute ordained that "A manor court is held on the first Saturday of every in every shire in the realm, certain persons should be month, Seneschal Mr. Mitchell of Markethill. The assigned to keep the peace. jurisdiction of the court extends to debts, fines and It stated that:? damages under ?5; there is also a court leet once a year 4'for the better keeping and maintaining of the peace, generally in April on May to decide trespass, good men and lawful that are no maintainers of evil poundage, local improvements etc; the seneschal shall be assigned to keep the peace." attends. These justices, as they were later known, had powers The townlands on the manor are Vi of Carrickbrack, "to take of all such as are not of good fame wherever Corcrum, Ballynaleck, Ballyreagh, Tullynacross, they be found sufficient surety of their good behavour Federnagh, Vi of Tannyoky, Tullylinn, Crewmore, towards the King and his people and to duly punish Acton, Brannock, Glassdrummon, Ballynagreagh and others to the intent that people, merchants and other 8 townlands in the Parish of Loughgilly." travellers may not be endangered by such rioters and When looking for evidence of a petty sessions court rebels." in Poyntzpass in 1828 I noticed these two cases with This statute was the basis of the powers of the justice local connections from Armagh Spring Assizes of that was a of the peace. It vague enough to allow for very year which will serve to illustrate the severity of the wide interpretation which meant that almost any law at that time. For what we might regard in this age or as offence could be dealt with by the justice magistrate of "joy-riders" petty enough. as he was called. In the first case, John Alexander Irwin was indicted It was about 350 years later that this system first for stealing a mare, the property of William Thompson applied here. The magistrate or justice of the peace of Dromore in October 1827. was almost always a major landowner. Here in 1789 William Thompson, in his evidence stated that the at the time of the Battle of Lisnagead, the magistrate mare was stolen during the night. Three days later, was Mr. Stewart of Acton. accompanied by Sergeant Roberts, he got the mare in The system of Petty Sessions Courts, with which a stable at the Public house belonging to Richard we are a perhaps little more familiar, dates from 1828. Greenaway, Tandragee. An Act of Parliament in 1827 provided for the division Richard Greenaway, in evidence, said that John of the counties of Ireland into Petty Sessions districts. Alexander Irwin had left the mare in his stable, saying It also ordered County Councils to provide and he had to sell her for another man. Considerable maintain court sessions as houses where these petty should evidence was given to Irwin's previous good record: take place and for the fixing of dates for regular he had never been in trouble before and was of were sessions to be held. Thse petty sessions to be previously excellent character. conducted by the local Justices of the Peace. His Lordship recapitulated the evidence and the jury These justices had to be landowners, they had to be retired. Later they returned a verdict of guilty. His men; they had no legal qualifications, received no Lordship passed the sentence of death against the or were training education in the law and they unpaid. prisoner. The Petty Sessions inMarkethill and Tandragee date The second case concerns the stealing of two webs from 1828 but I have not been able to find any record of linen cloth belonging toWilliam Archer and Hugh of Petty Sessions in Poyntzpass at that time. Byrne of Banbridge. Prior to the 1828 Petty Sessions Act, each large John Donnelly was accused of the theft on 12th estate had what was known as a "Manor Court" and December, 1827. James Shevlin, Poyntzpass, gave this certainly continued in Poyntzpass after 1828. In evidence that on that date the prisoner Donnelly had his memoirs, Lieutenant G. A. Bennett, R.E., who left the two webs of cloth at his house in Poyntzpass, AND DISTRICT LOCAL HISTORY SOCIETY 70_POYNTZPASS saying that he was on his way to Newry Market to sell held once a month on the first Monday. This continued ? ? them and would return to collect them in a short time. until 1927 when the first Saturday the Fair Day When he did not return by evening the witness gave became Petty Sessions day. The area covered by the webs of cloth to the police. When Donnelly Poyntzpass Petty Sessions district was 10,339 acres, eventually came back for the webs, he was arrested. and the population in 1880 was given as 3,492. The prisoner offered no defence. He was found The magistrates at Petty Sessions were responsible ? guilty and sentenced to be transported for seven years. for appointing a number of officials process and The first record of Petty Sessions in Poyntzpass that summons servers, clerks of the Petty Sessions etc. The I have been able to find is in 1847 when Petty sessions Minute book gives details of these appointments. The were held on the second Saturday of each month. following summons servers are recorded:? 1851 In 1851 a further act of Parliament, "The Petty Solomon Madden, 1858 John Madden, 1859 William Sessions (Ireland) Act" was passed which further Baird, 1874 John Madden, 1883 William Baird, 1895 modified the system and this was the Act under which Robert Gibson, 1902 Michael J. McCann, 1903 Daniel our local Petty Sessions operated. Doran. The first entry in The Minute Book of Poyntzpass Clerks of Petty Sessions include 1850 J. Kinkaid, Petty Sessions, now in the Public Records Office, is 1852 Joseph Kenny, 1852William Bennett, 1864 John for November 15th 1851 when it records that Thomas Bennett, 1881 Robert Emerson and 1909 his "Solomon Madden has this day been appointed son R. G. Emerson. Summons Server for the district of Poyntzpass" signed The academic qualifications of the summons servers M. Close, J.P., Robert Quinn, Alexander and Peter is open to some doubt as when appointing Robert Quinn. The minute book of the Petty Sessions does not Gibson in 1895 the magistrates note that he "can read contain any direct informaton on cases heard at the and write" implying that his predecessor William Baird Petty Sessions, but records, appointments and other could not. Michael J. McCann was appointed decisions made by the magstrates. Summons and Process Server at Petty Sessions on 1st The day on which the Petty Sessions was held December, the newly appointed McCann was dismiss changed from time to time. As I have said, in 1847 ed from office and sentenced to one month's imprison Petty Sessions were held on the second Saturday. In ment with hard labour. 1851 this was changed to the second Tuesday, in 1852 Their dedication to duty was somewhat doubtful too. it was decided to hold sessions twice monthly on the At Markethill Petty Sessions in July 1910, attendance first and third Tuesdays. In 1860, this was changed officer McMahon could not proceed with a number of as summons was to the 1st and 3rd Mondays. From 1872 sessions were prosecutions the server not present, *"" 3B^^BI^^^5^^Siatt3Sa^BgsS55awa^a^^^^^^B mSmii?fl <s&22!22Efl^^MiaiH^H^HapB**l^^^?Mtf^ ^?3S*I5Sin ^^h*" I ""T~88S I aaaaaaaaaH ^'" *?tf aaaaaaaaaaaf ?*" ' aaaaaaaaaVHL i ^aaaaaaaaaaaf aaaaaaaaaaar "?"*mhw^w! ^JaL^*^ Poyntzpass Courthouse to-day. POYNTZPASS AND DISTRICT LOCAL HISTORY SOCIETY_71 he had sent an apology saying he could not attend as at Poyntzpass in 1909:? he was "thinning turnips"! Drunkenness (more than 50 cases). The summons servers were paid in 1928, II- per Drunk in charge (of a horse!). summons within a 2 mile radius, and 21- per summons Drunk and disorderly. over 2 miles. Obstruction on Fair Day. Around the period from the turn of the century up Using Party Expressions. to the outbreak of World War I the magistrates in the Santary Prosecution. Poyntzpass area who sat at Petty Sessions were Dr. Possession of Dwellings. W. R. McDermott, Andrew Mcllvaine, Major M. Indecent Conduct. Close, H. A. Magennis, Major Harden and Colonel Poaching. /Major Alexander. In the latter case there appears to Lighting Offences. have been regular promotions and demotions as his Fighting. rank varied from one sessions to the next. The only Assault. source of information on cases appearing before these Assault on Police. gentlemen (joined later by Mr. P. Murray) is the local Disorderly conduct. - Press. Regular reports of Poyntzpass appear in the Trespass of cattle etc. ' ' 'Newry Reporter'' while the 'Armagh Guardian'' had Travelling without a ticket. an occasional report from Markethill and Poyntzpass. Keeping a dangerous dog. InMarkethill at the same period the magistrates were Wandering Cattle S. Byers, W. Simpson, R. D. Hill, Dr. Gilbert Uncontrolled pony. Marshall, J. H. Gray. The Resident Magistrate who Obstructing the footpath. often sat with the JPs in Poyntzpass was Mr. R. G. Cruelty to animals / fowl. Bull, while N. L. Townsend R.M. sat at Markethill. Larceny. While the Resident Magistrates were paid officials, Vagrancy / begging. they, like the JPs often had no legal background. Mr. False pretences. ? Bull may have had he certainly had a lot of Giving a false name.
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