One damp Wednesday morning the local district court was entertained by the prosecution of a man for possession of fifteen gallons of poteen. His excuse for this was that the poteen was kept as medicine, which he would give to his greyhounds whenever they were taken ill. Nonetheless, he faced a second charge of harbouring it.
The accused was a well-known local man called Patrick O’Brien. Justice Flaherty was in the chair and Police Superintendent Thorne was prosecuting the case. In his opening statement, Thorne told the court that Sergeant Keogh and a constable had visited O’Brien’s premises in the middle of September to begin a search. As the two officers looked around the premises, they noticed an outhouse inside of which a smaller outhouse, or store, had been built and the door to this smaller store was securely locked. This set-up made both men very suspicious of what was kept in the smaller store and asked O’Brien to open it for them to examine. Inside they found three casks, a crockery jar, an enamel measure, and a small drinking glass. One of the casks contained a liquid that smelt strongly of poteen to the two officers, and they decided to investigate further. The cask, they discovered, was fitted with a tap, and contained fifteen gallons of poteen. When they questioned the owner about what they had found it was reported that Mr. O’Brien replied, “Sure, what else can I say but admit that it was myself that made it.”
O’Brien’s solicitor, James Rowlette, pointed out toe the court that the police were actually visiting the premises in connection with reports that the defendant had an unlicensed gun with which he was poaching rabbits. He further explained that a short time prior to this visit Mr. O’Brien, who was a well-respected breeder of greyhounds, which he entered at some of the many track-meetings in the country, was approached by an acquaintance who was going to England. The acquaintance asked O’Brien if he would purchase a quantity of poteen he had, telling him that it was a great medicine for sick greyhounds. He also advised O’Brien that if he would administer a dose of poteen to a hound that was entered for a race, the animal would most certainly win. O’Brien was not a man to look a gift horse in the mouth and decided he would take the poteen of his friend’s hands. But there was too much in the cask and he decided to store what he did not need in the outbuilding and had no intention of selling it to the public.
Keogh described the shed in which they found the poteen, and he told the court that it was his belief that the defendant did not buy it but was certain that he had made it for his own use. Justice Flaherty then told the court that the two policemen had made an unusually big capture of good poteen, and it would be a pity to let it run down the drain when it could be mixed with industrial alcohol and be used car fuel. He also declared that based on the Sergeant’s description of the store in which the poteen was found, he was satisfied that Patrick O’Brien had distilled it himself. The only positive factor in the case against Patrick was the fact that there were no previous convictions against defendant.
The defence solicitor, Mr. Rowlette, pointed out to the court that severe fines were now being imposed for such offences, and that memorials sent to the Minister for Defence on behalf of some of those convicted now appeared not to secure. Moved by the appeal, Justice Flaherty imposed a minimal fine with a small amount for costs. This related to the first charge of being in possession of fifteen gallons of poteen, but the second charge was dropped