§ MR. O'REILLYasked the Chief Secretary for Ireland a question relative to the case of Edmond M'Grath, convicted at Kilkenny, on the 14th December last, before Mr. Justice Keogh, of manslaughter, "a case of which," the Judge in his charge stated, "he had never tried a case which came so close to the crime of murder as this one did;" and on the trial of which Mr. M'Oarthy, resident magistrate, deposed
that he reported to the Government the prisoner, who had been previously convicted of an assault with a pistol and sentenced to imprisonment, was not a person to whom arms could be safely entrusted, but that he (the 247 magistrate) had subsequently given the prisoner a licence to carry a gun, having been directed to do so by superior authority, that is, by the Government;and, whether he can state who is the person who gave such directions to Mr. M'Carthy?
§ SIR MICHAEL HICKS-BEACHSir, I should wish to make two corrections in the statement which is contained in the Question of the hon. and gallant Member for County Longford. The "assault with a pistol" of which it is stated that the prisoner had been previously convicted was an assault by striking a man with a pistol and not by firing it at him.
§ MR. O'REILLYI beg the right hon. Gentleman's pardon. I never said it was by firing.
§ SIR MICHAEL HICKS-BEACHNo, Sir, but I am endeavouring to give an accurate statement to the House. Mr. M'Carthy was not directed by the Government to give the man a licence to carry a gun. In reply to a report from Mr. M'Carthy, a minute was sent to him informing him that he "might" grant such a licence if he thought fit to do so. He interpreted this into a direction to do so; but I cannot understand he who arrived at such a conclusion, having regard to the provisions of the law on the subject and the mode in which it is administered, for it is well known that certain magistrates throughout Ireland are appointed by the Lord Lieutenant as licensing officers for those districts proclaimed under the Peace Preservation Act, and that it is left to their discretion to decide whether or not licences to carry arms should be granted in particular cases, the Government exercising merely a general supervision over the administration of the law. I do not, however, think that Mr. M'Carthy was open to serious blame in this case, as the man was recommended to him for a licence by his employer, a magistrate of position and property in the district.
§ MR. O'REILLYThe right hon. Baronet has not stated who gave the information, and when he will lay the Papers on the subject on the Table.
§ SIR MICHAEL HICKS-BEACHI can only say that the minute I have quoted was a minute of Government and I cannot lay it on the Table, and that I am responsible in this House for the acts of the Irish Government.