HC Deb 22 July 1864 vol 176 cc1976-7
SIR FITZROY KELLY

said, he wished to call the attention of the House to the case of Mr. O'Malley Irwin, and to submit that it is the duty of Her Majesty's Government to inquire into that case, with a view to the affording of redress to Mr. Irwin, Though the case had occurred thirty years ago, yet if this gentleman had been unjustly treated he considered that it was the bounden duty of the Government to remedy the injustice under which this gentleman had suffered.

THE ATTORNEY GENERAL

said, that the circumstances of the case had occurred thirty years ago, and that all the persons who could throw light on it, except Mr. Irwin himself, were dead. In the year 1835 Mr. Irwin was twice tried, on the criminal charge of forging a letter from Mr. Johnstone, a revising barrister. The jury believed that the letter was a forgery, and convicted Mr. Irwin. On the second trial Mr. Johnstone was put into the box, and Mr. Irwin did not cross-examine him. Since then Mr. Irwin had presented several petitions of right, alleging misconduct against the Law Officers of the Crown, but not calling for inquiry. He (the Attorney General) could not promise any action on the part of the Crown, unless Mr. Irwin petitioned that House for inquiry, when it would be competent for the House to declare the course it would take.

MR. HENNESSY

said, he believed that this was a case in which the grossest injustice had been done. [The hon. Member read several documents in support of the Motion.]

Question put, and agreed to.

House adjourned at Two o'clock, till Monday next.