HC Deb 31 July 1868 vol 193 cc1943-4
MR. REARDEN

said, he wished to ask the Chief Secretary for Ireland, Whether the attention of the Irish Government has been called to a statement by Mr. George Francis Train's solicitor, that he applied to the Chief Clerk of the Court of Judge Miller, of Dublin, for leave to file an affidavit of Mr. Clark Bell, the solicitor, who paid Mr. Henry the Ebbw Yale Company's claim, being the debt for which Mr. Train is now detained in prison, in order that Mr. Train might be in time to make application on the 29th instant to Judge Miller for his discharge, being the last day on which Judge Miller would sit before the end of the long vacation in November next, and which application would be grounded on the affidavit then presented to him; but that the Chief Clerk in the most peremptory manner refused to receive the affidavit on the files of the Court, on the pretext that the same was not in proper form, and not written on paper prescribed by the rules of the Court; that the affidavit of Mr. Clark Bell was sworn to at Venice, Italy, by Mr. Train, before the British Consul; and whether, if such statement be correct, the Irish Government will recommend that the case of Mr. Train be referred to the Master of the Court of Exchequer in Ireland, in order that the facts and circumstances connected with Mr. Train's continued imprisonment may be inquired into, with a view to his discharge, should it appear that such imprisonment is unjust?

THE EARL OF MAYO

said, in reply, that neither his attention nor that of the Irish Government had been called to this case. The hon. Member must be aware that the Executive Government had no power to interfere in the proceedings of Courts of Justice, and therefore it would be highly improper were the Government to institute any inquiry into the matter. He might, however, state that the hon. Gentleman must be labouring under some mistake, as he found that the case was set down for hearing for that day.