HC Deb 16 August 1883 vol 283 cc712-4
MR. HEALY

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is the fact that P. Fallon, tenant of Captain Pierce, of Box-borough, county Galway, who was evicted in October 1881, has been sent to prison ten times for trespassing since that date; whether, some three months ago, the landlord and the bailiffs tore down Fallon's house; whether, on a shed being erected on the site of the tumbled house, the landlord came and set fire to it, burning the clothing of the children, and destroying a considerable amount of potatoes; whether, on the shed being re-erected, the landlord served Fallon with no less than eight summonses, and had him again imprisoned; whether Fallon is at present undergoing punishment; whether, about a fortnight ago, the Police arrested Fallon's wife, and brought her before a magistrate, who was playing lawn tennis with the landlord at the time, and had her sent to prison, where she since remains; whether he can say for what offence Mrs. Fallon was conveyed to gaol; whether the magistrate could legally hold a Court under the circumstances described; whether Mrs. Fallon's five children, all of whom are of tender years, are now living in the shed, separated from their father and mother, and wanting clothes and food; whether Fallon offered the landlord the rent in Court without effect; and, whether, as the evicted people decline to go into the workhouse, and have no other home but the shed in question, he can give instructions to the Police to abstain from further prosecuting them; if not, can he suggest any refuge for such evicted families?

MR. TREVELYAN

Sir, the facts appear to be stated with substantial accuracy. Fallon was evicted in September, 1880—not 1881, as stated—the period of redemption expired, and he did not redeem; but ho, and subsequently his wife, appears since to have acted with persistent illegality in asserting a right which he does not possess. I have nothing before me to show that either the landlord or the magistrate acted illegally. If any wrong has been done, the Courts are open. Fallon appears to have money, as he offered the rent to the landlord. The attention of the relieving officer has been drawn to the children.

MR. HEALY

The right hon. Gentleman has not stated that the magistrate was playing lawn tennis with the landlord who took possession at the time he sent this woman to gaol. I would like to know whether he thinks that is a proper way to hold a Court?

MR. TREVELYAN

I stated that the woman was sent to prison for having acted with persistent illegality, and I am informed that the decision of the magistrate was not illegal.

MR. HEALY

I would like to ask the Attorney General for Ireland, whether it is usual for persons in Ireland to be brought before magistrates who are engaged in amusing themselves in playing lawn tennis with the prosecutors in the case?

THE ATTORNEY GENERAL FOR IRELAND (Mr. PORTER)

Of course, I cannot state whether it is usual or not. All I can say is, that it is lawful for a magistrate to commit outside Petty Sessions Court.

MR. HEALY

I beg to give Notice that I will ask the Chief Secretary, on Monday, whether he will call the attention of the Lord Chancellor to this method of holding a Court; and, whether the Lord Chancellor considers it decent for the committing magistrate to be engaged at the time in playing lawn tennis with the prosecuting landlord?

MR. HARRINGTON

asked, whether it was not necessary that two magistrates should have been present when this woman was committed?

THE ATTORNEY GENERAL FOR IRELAND (Mr. PORTER)

was understood to say that it was not.