§ MR. DEASYasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether, on the 5th ult., the Grand Jury of King's County granted to Mr. Bolton J. Waller, J.P., of Moystown, the full amount of £315 compensation for hay destroyed by fire; whether the hay in question, for three weeks after being cut, was constantly Hooded by the waters of the Shannon to within about one foot of the top of the cocks, so as to be rendered almost worthless; whether the police, after full investigation, arrested Mr. Waller's butler, a man named Kenny, on the charge of having set the hay on fire; whether, upon the hearing of the charge at Birr, on the 13th January, a man named Frank Smyth swore that he had seen Kenny set the hay on fire; whether other evidence for the prosecution was given on the same occasion, and no evidence was tendered for the defence; whether the prosecution was conducted by Mr. Adam Mitchell, Crown Solicitor, and the defence by Mr. Mitchell's son; whether the father and son are members of the same firm, and transact their business in the same office; whether the magistrates refused the informations, and dismissed the case; what explanation can be given of this judgment; and, whether the presentment will belevied?
§ MR. TREVELYANMr. Waller was granted by the Grand Jury the compensation stated. It was also allowed by the cesspayers. It is true that Smyth swore he saw Kenny set fire to the hay; but so little credit was attached to his statement that the magistrates dismissed the case against Kenny without 1656 requiring any evidence for the defence. The Government have no reason to doubt the propriety of that decision. Mr. Mitchell conducted the prosecution; but Mr. Mitchell's son withdrew from the case when he found that it was going to be a criminal prosecution.