HC Deb 09 August 1883 vol 282 cc2070-2
MR. HEALY

asked Mr. Attorney General for Ireland, Whether it is the fact that out of seven Castleisland prisoners brought up at the last Cork Assizes for shooting at the man Walsh two only were tried; whether these were found guilty by the direction of the judge on the depositions previously made by Walsh which he swore at the trial were false; whether shorthand notes were taken of Walsh's evidence on the trial in order that he might be prosecuted for perjury for false swearing in the original informations upon which the judge directed the jury to convict; whether the Crown mean to prosecute Walsh; if not, why were shorthand notes ordered to be taken of his evidence by the Crown; why were the other five prisoners not tried; whether they were put back, on the ground that there was no time for trial at that assizes, although it was only the fourth day the court sat, and Cork was the end of the circuit; who is responsible for this adjournment; whether the five untried prisoners were directed to be sent back to Tralee Gaol to be admitted to bail; whether, up to the 1st August, the Clerk of the Crown and Peace for Kerry had not received the order for their admission to bail; whether shorthand notes of Walsh's evidence have been submitted to the Right honourable Gentleman; and, whether, considering that the prosecutor Walsh swore that the two men convicted had nothing to do with the attempt made upon him, their cases will be considered for the clemency of the Crown?

THE ATTORNEY GENERAL FOR IRELAND (Mr. PORTER)

said, it was a fact that only two of the seven persons mentioned were tried. They were not found guilty by direction of the Judge. The jury considered the whole of the evidence, including that of Walsh, who, on the day of the occurrence, had sworn absolutely to the identity of the persons charged, though he afterwards, through intimidation, went back on his evidence to a great extent. A great portion of the evidence was taken down at the trial, but not for the purpose indicated in the Question. Those who heard the case, including the jury, were convinced that the evidence given was true. The Court adjourned on the eighth, and not on the fourth day of the sitting. It was adjourned, on the application of the Crown Counsel, for the sake of public convenience, the first trial having lasted three days, and a great number of jurors having been kept waiting. He had not seen the reported evidence; and, as far as he knew, it was not transcribed. The magistrate was present, and heard the order for bail pronounced, and was ready to give effect to it. All the prisoners but one who had been admitted to bail were discharged, and that one was not able to find bail.

MR. HEALY

May I ask the right hon. and learned Gentleman, whether he considers it of greater importance that some jurors should be kept out of their homes for a few days than that seven or eight prisoners should be kept in gaol?

THE ATTORNEY GENERAL FOR IRELAND (Mr. PORTER)

The Question is not one for me, but for the learned Judge who presided at the trial, and he considered it.

MR. HARRINGTON

asked, whether the right hon. and learned Gentleman had any evidence of intimidation having been practised against Walsh?

THE ATTORNEY GENERAL FOR IRELAND (Mr. PORTER)

, in reply, said, if the hon. Member asked him about the evidence given in Court, he was not aware that there was any; but if he referred to evidence in his (the Attorney General for Ireland's) own possession, he had some.