HC Deb 28 February 1890 vol 341 cc1501-3
MR. SEXTON

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether the charges of unlawful assembly against a number of Clongorey workmen were yesterday dismissed by the Court at Newbridge on the ground that the precept, disobedience to which was the foundation of the charge, had not been served according to Law; and whether, as Father Kinsella and 17 workmen are now in prison for the same act, in respect to which the charges were yesterday dismissed, their release will be ordered?

MR. CAREW (Kildare, N.)

I wish also to ask the Chief Secretary whether he is aware that at Newbridge Petty Sessions yesterday, the cases against the several persons who were charged with disobeying the precept issued by Colonel Forbes, R.M., ordering them to desist from committing waste on Mrs. Kelly's farm at Clongorey, were dismissed by Messrs. Bowlby and McSheehy, on the ground that the precept was not legally served; and whether, as Father Kinsella, and 17 other persons, are now in Kilkenny Gaol for unlawfully assembling to disobey the said precept, which is now found not to have been at any time of valid force, he will at once order their release?

MR. MADDEN

Perhaps I may be allowed to answer these questions. The charges of unlawful assembly were not dismissed; the hearing was commenced yesterday, and is still proceeding. The case against the persons charged with aiding and abetting in the disobedience of the precept was dismissed without prejudice on the ground that the precept was not legally served, on which point, however, the magistrates have agreed to state a case.

MR. SEXTON

May I ask, under these circumstances, as all these men were proceeded against for precisely the same act, and as one body of workmen charged with disobedience to the precept are not to suffer punishment —the magistrates having dismissed the case on the ground that the precept was not legally served, as I contended in this House a few nights ago—whether Father Kinsella and the 17 workmen who are now in gaol will be discharged from custody, as the other two bodies of men apprehended for precisely the same charge have been released?

MR. MADDEN

The question will be carefully considered by the Government; but the incident only occurred this day. It has evidently been communicated to the hon. Member by telegram; it has not yet reached the Irish Office.

MR. SEXTON

But the question is one of the imprisonment of these persons. I will therefore ask the Chief Secretary whether, as the whole of the proceedings against the three bodies of men have been founded on the precept, he will not treat them all alike, and order the third batch of men to be released, or at any rate suspend the imprisonment until the Superior Court before which the case will ultimately come has given a decision?

MR. A. J. BALFOUR

I think the hon. Member will see that a telegraphic communication to him is scarcely a sufficient ground for me to give a pledge to the House on the spur of the moment as to what course the Government will adopt.

MR. SEXTON

Then I beg to give notice that I will call attention to the matter on the Vote on Account, and press the question whether the third body of persons are not entitled to have the punishment suspended until the decision of the Superior Court has been given.