Busy Day at Court – Chronicles 4

As one travels around the country you will undoubtedly discover that there are some district courts which are much busier than others, prosecuting a variety of cases including the production of Poitin. One such court was occupied by Judge Louis Walshe for several hours one day a few years ago, because there were so many cases of illicit distilling of Poitin brought before him for his judgment. The first of the defendants to be placed in the ‘dock’ was a certain Patrick Doherty, who had become a familiar face to this judge. He was a tall, heavily set man, who had an excellent reputation for the quality of his Poitin and his still never appeared to stop production, despite his claims of constant police harassment. Into the witness box strode a police constable and, taking a notebook from his pocket, he prepared to give his testimony to the court. “We received information from members of the public,” the policeman began, “informing us that Mr. Doherty employed in making substantial amounts of illicit spirits, which he would sell locally. As a result, we undertook a search for evidence that might show that this illegal activity was being undertaken by the defendant, and we discovered a barrel of ‘Wash’ in a hedgerow that separated his land from the nearby road, about 100 yards from the home of the defendant.” The continuing police testimony, however, also said that there was another house, just a few yards away on the opposite side of the road.

Patrick Doherty gave his evidence and claimed that he was totally innocent of all the charges against him and denied that he had any knowledge of the barrel of ‘Wash’ that the police said they had found, pointing out that the location of the find was open to anyone including the people in the house opposite. At the same time, he told the court that a contractor and his men had been working on mending the road and fixing the fences for several weeks past, and they had found nothing. Patrick also told the court that the police had been harassing him for several years and had dragged him in front of the court on many occasions, at none of which was he ever found guilty. This fact alone, he insisted, was proof that he had never made a ‘Run’ of Poitin in his life. While Judge Louis Walshe doubted Patrick’s innocence, he had to agree that the evidence brought forward did not allow him to convict the man and he immediately waived all charges against him and allowed him to leave the court a free man.

With Doherty’s case complete the next case was called, which involved Seam McGowan and Jimmy Dogherty, who lived to the west of the town. The police witness stood in the witness box and told the court that two police constables, who were on duty about one-hundred yards from the house, saw two persons leaving the premises and making their way to a spot in the field and, after a few moments, they returned to the house. The two constables were intrigued by this action, and they left their observation post and made their way to the spot in the field that the two people from the house had gone to. At that place they discovered a two-gallon jar of Poitin that had been covered over with a length of waterproof material like tarpaulin. Carrying this evidence the two policemen entered the house through the kitchen area, where they discovered three empty barrels that had a strong smell of Poitin about them.

The two constables went on searching the rest of the rooms in the house and in one of the rooms the found a child lying in bed. One of the constables asked Mrs. McGowan, Sean’s wife, to lift the child out of the bed so they could thoroughly search the room. But as Mrs. Magowan reached down to the bed and, as she lifted the child, a bottle fell out from where it had been concealed in the child’s clothing. Under cross-examination by the defence’s lawyer, however, neither of the two police constables could clearly identify any one of the two people they had seen leaving the house and going into the field. One of the constables also stated that Mr. McGowan was standing in the kitchen at the time he requested the child be retrieved from the bed. Furthermore, one of the accused men, Jimmy Dogherty, was bedridden and could not have been one of the two people that had been seen in the field. The defence lawyer’s questioning had shown the court that the testimony given by the police constables was unreliable in this case, and it was suggested that maybe the only person who knew something about the Poitin was Mrs. McGowan, who had been charged with nothing.

Once again Judge Walshe had to agree with the suggestions put by the defence, and he dismissed the charges against Jimmy Dogherty. But in the opinion of the judge Sean McGowan was engaged in the illicit distillation of spirits, and from previous experience he knew that they would never get McGowan to admit his guilt. McGowan was given a custodial sentence of one month and one day, but he would allow him to appeal the decision if he so wished. Sean was happy to get away so lightly and, knowing that an appeal if lost could increase his jail term and impose a fine, he decided not to accept the judge’s offer

Following this case there were two other local men, Daniel, and Neil Dougan, brought before the court, and a Customs and Excise Officer made his way over to the witness box to give his evidence in this case. The ‘Revenue Man’ (Gauger) began to describe how he and his colleague were investigating based on information received, which told them that an illegal still was operating somewhere in the area. So, the previous Sunday morning they had gone out early to begin their investigation and, within the hour, their attention was attracted by a fire on the high hill above them and using all the cover available to them the two ‘gaugers’ made their way uphill until they were only fifty yards from the spot where a still had been set up.

As they moved stealthily toward their quarry there was a loud crack as a twig broke underfoot and the Poitin makers realised that they were under observation. One of the men suddenly grabbed the still and carrying it on his head, and he ran off into the cover of some trees. Meanwhile, his partner in crime tried to salvage as much of the remaining equipment as he could carry before he too could make his escape. The ‘gaugers’ were ready for just such a move by their targets and quickly gave chase, and free of any equipment they quickly caught up with both men before they had managed to get any distance away.

In the subsequent search after securing the men, the two gaugers discovered two gallons of ‘wash’ and with this evidence the revenue men arrested and charged both men. Though happy with their case, under cross-examination by the defence the revenue officers were accused of using underhand methods and of abusing the two defendants after their arrest. One of the ‘gaugers’ answered by telling the court that it was he who had chased after Dan Dougan, who had gathered the equipment and ran off like a hare at a ‘Coursing Meet.” He testified that Dan had just finished a Poitin ‘Run’ when they were discovered and as he ran away, he dropped the equipment that he was carrying away from the scene. As a means of stopping his escape the revenue man said that he reached out a stick in the hope that he could hook him around the neck, but he only caused the prisoner to trip and fall. The witness insisted, however, that neither of the prisoners had been abused by being hit on the head with clubs. The defence team, while not denying that their clients were producing Poitin, they denied that they were not important enough to be imprisoned. The judge responded,” These are the people that the Revenue are after for they are the real evil-doers and need to be put away if we are to stop this terrible trade in illicit spirits.” With these words he sentenced both men to two months in prison with hard labour. At the same time, the judge praised the two revenue officers for their vigilance and professionalism.