HC Deb 14 May 1888 vol 326 cc150-1
MR. T. M. HEALY (Longford, N.)

asked the Secretary of State for War, Whether his attention has been called to the report in The Cork Examiner of the 8th of May of the trial of Captain Ludlow Strange Payne, at Fermoy, on a summons charging him with tearing down after midnight certain banners and decorations erected across the streets of Fermoy in honour of the visit of the hon. Member for North-East Cork (Mr. W. O'Brien); whether the evidence showed that Captain Payne was caught in the act by the night watchman; whe- ther, although the summons was dismissed on the ground that the complainant should have been the Town Commissioners, the presiding magistrate stated that— So far as the emblem was concerned there was nothing to object to in it. We cannot understand why Captain Payne interfered with them; and added, in giving judgment,— That both Mr. Furlong and himself considered that Mr. Payne had acted not only with very bad taste but with the most extreme imprudence and danger. By the insult he committed he not only placed himself in danger, but also other people who might be supposed to regard Mr. Payne's action with favour; but on the legal point they did not see their way to a conviction; to what military command is Captain Payne attached; and, do his superiors intend to take any notice of his conduct?

SIR HERBERT MAXWELL (A LORD of the TREASURY) (Wigton)

(who replied) said: The gentleman referred to in this Question is a Militia officer, whose battalion is not out for training, He is not employed on any military duty, and nothing is known of the matter by the Military Authorities in Ireland beyond what they have seen in the newspapers.

MR. T. M. HEALY

said, he considered that a very unsatisfactory reply. There was a captain of the Militia who committed so grave an offence that the magistrate who tried the case said— So far as the emblem was concerned there was nothing to object to in it. We cannot understand why Captain Payne interfered with them; and added, in giving judgment— That both Mr. Furlong and himself considered that Mr. Payne had acted not only with very bad taste, but with the most extreme imprudence and danger. By the insult he committed he not only placed himself in danger, but also other people who might be supposed to regard Mr. Payne's action with favour; but on the legal point they did not see their way to a conviction; I beg to ask, whether Her Majesty's Government will allow the gentleman to remain in the Service?

SIR HERBERT MAXWELL

said, he was prepared to make further inquiries into the case; but he doubted whether the Military Authorities could do anything to a gentleman who was not on military service at the time.