HC Deb 25 March 1889 vol 334 cc710-1
SIR H. DAVEY (Stockton)

I desire to ask the Solicitor General for Ireland to state what was the legal offence of which Mr. Stack was convicted at Tralee on 12th February last; what was the conduct for which he was convicted; and whether there was any evidence affecting Mr. Stack personally, other than the deposition of Mr. Cecil Roche, R. M.?

THE SOLICITOR GENERAL FOR IRELAND (Mr. MADDEN,) Dublin University

Mr. Stack was ordered by Captain Welsh, Resident Magistrate, to find sureties for his good behaviour, as stated by my right hon. Friend the Chief Secretary, in his answer to a former question. He was so ordered because, in the opinion of the Magistrate, the conduct of which he was guilty was calculated to lead to a serious breach of the peace. He was not convicted of any offence, but was sentenced in the ordinary way to imprisonment in default of bail. The case was dealt with by the Magistrate in this summary way on the strong application of Mr. Stack and his solicitor, who stated that Mr. Stack was of delicate health and offered any bail that might be required. I am informed that the required bail was given. The offence was committed in the presence of Captain Welsh, who, as the hon. and learned Member is aware, was, under such circumstances, fully competent to exercise the jurisdiction to which I have referred without the further evidence of the deposition referred to in the question.

SIR H. DAVEY

May I ask whether the House is to understand that all that Mr. Stack did was to take off his hat?

MR. MADDEN

The House is not to understand anything of the kind. The actual offence for which Mr. Stack was ordered to find sureties for good behaviour was that of heading an excited mob in the town in circumstances which, in the opinion of the Magistrate, were calculated to lead to a breach of the peace.

SIR H. DAVEY

Was there any evidence before the Resident Magistrate affecting Mr. Stack personally other than the deposition of Mr. Roche himself?

MR. MADDEN

The Magistrate witnessed the action of Mr. Stack in the town, and under the circumstances was fully entitled, upon what he himself had seen, to bind him over in sureties to keep the peace.