HC Deb 04 August 1887 vol 318 cc1144-6
MR. CAREW (Kildare, N.)

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he is aware that, on the 7th of the present month, a young mail named Joseph Killen, of Cardens- town, in the County of Meath, was arrested on a warrant issued by Major Traill, R.M., on the information of Mr. William Tyrrell, J. P.; whether the only "offence" committed by Killen was that he cheered on observing Mr. Tyrrell driving from an evicted farm a horse which he found trespassing there on the 10th of June; whether Killen was taken in custody before Major Traill, R. M., and, without having been given the opportunity of defending himself by a solicitor or witnesses, was sentenced to three months' imprisonment in default of finding sureties to the peace; whether Killen is the son of an evicted tenant, and Mr. Tyrrell the caretaker of the evicted farm; why the charge was not tried in the usual way at the Petty Sessions of the district; and, whether he will supply a copy of the informations on which the warrant was issued?

THE PARLIAMENTARY UNDER SECRETARY (Colonel KING-HARMAN) (Kent, Isle of Thanet)

(who replied) said: Major Traill, R.M., reports that Killen was arrested on a warrant issued by him on the information of Mr. Tyrrell. The offence charged was that Killen had forcibly rescued from Mr. Tyrrell a horse which he was driving to the pound, having found it trespassing on a farm over which he was agent. Killen was brought before Major Traill in custody. Tie made his own defence, and neither asked for the assistance of a solicitor nor produced witnesses. He was bound in sureties of the peace and future good behaviour for three months, or to be committed for that period. He found the sureties at once, and was discharged. Killen is the son of the evicted tenant. Mr. Tyrrell is the agent over the property to which the farm belongs. Major Traill dealt with the case summarily, as the next Petty Sessions for the district would not have been held till throe weeks afterwards. It is open to Killen to obtain a copy of the information from the Petty Sessions clerk. I shall also be happy to show the hon. Member a copy of the information in my possession if he will be good enough to confer with me on the subject.

MR. MAURICE HEALY (Cork)

"What right had the President Magistrate to try the case out of the Potty Sessions?

COLONEL KING-HARMAN

That is a question of law. I must ask the hon. Member to refer to the Attorney General for Ireland.

MR. MAURICE HEALY

I would ask the Attorney General for Ireland if the Resident Magistrates in Ireland have power to try cases of this character in this manner?

MR. T. P. O'CONNOR (Liverpool, Scotland)

I would ask the right hon. and gallant Gentleman whether it is a fact that this Major Traill is the same magistrate who some time ago was reprimanded for precisely the same conduct—trying a number of prisoners out of the Potty Sessions—and who was excused on the ground of his ignorance of the law?

THE ATTORNEY GENERAL FOR IRELAND (Mr. GIBSON) (Liverpool, Walton)

I am not aware of the circumstances mentioned by the hon. Member for the Scotland Division of Liverpool. With regard to the question put by the hon. Member for Cork (Mr. Healy), as far as I can gather it is irregular to try cases in the manner stated in tins question.

MR. MAURICE HEALY

That being so what stops do the Government propose to take to redress the wrongs inflicted on these people?

MR. T. P. O'CONNOR

May I ask the right hon. and gallant Gentleman, if he finds that Major Traill has been guilty of an irregularity in trying eases out of Petty Sessions, and that he was previously reprimanded on the same grounds, whether he will consider the desirability of removing him from a position he is evidently unfitted to hold?

COLONEL KING-HARMAN

I can hardly answer that question until Major Traill's explanation is heard. If the facts are as stated no doubt the Government will take steps in the matter.

MR. SEXTON (Belfast, W.)

I would like to ask whether this man Killen is to be left to servo out three months' imprisonment, to which, on the avowal of the Attorney General for Ireland, he has been sentenced.

COLONEL KING-HARMAN

I understand he is not in prison, He found the sureties, and was discharged.