July 11 1924
At Forkhill Petty Sessions on Tuesday, before Mr George McCrory, JP, and Mr Thomas Vyse, JP, an interesting point was raised on the magistrates’ jurisdiction to try a case of assault brought by a man named McCann against Edward Nugent, ex-JP, Charles Carlisle, and J Johnston.
The complainant resides at Carrickedmond, just on the other side of the border, and which formed part of Forkhill Petty Sessions district prior to the ratification of the Treaty, whilst the defendants reside in Shean, which is in Northern Ireland.
Mr JH Collins, who appeared for two of the defendants, raised the question of jurisdiction at the outset. He contended that as the alleged assault took place at Carrickedmond, the Bench had no power to try the case.
Their powers as joint justices for Armagh and Louth were modified by the Treaty, and they had no jurisdiction in the County Louth.
There was in law no name such as Ireland; that is to say, a part of it was Saorstat Eireann, and the remainder Northern Ireland.
The Free State had now Dominion status, the same as Canada, and their Worships had as much jurisdiction to try three men for an offence committed on the streets of Montreal as they had to try these defendants for an offence alleged to have been committed in the Free State.
Mr Goodlet Hamill, who appeared for the third defendant, supported Mr Collins’ contention, and said if their worships attempted jurisdiction they would be usurping the functions of the District of Justice.
The magistrates adjourned the case for the attendance of an RM [Resident Magistrate].