§ MR. CALLANasked the Chief Secretary for Ireland, Whether his attention has been called to the conduct of Mr. John Raphael and the other magistrates presiding at Petty Sessions, in Cooks-town, county Tyrone, on Friday, the 23rd of May last, when that bench of magistrates, in the case of Sub-Inspector Smith, R.I.C. against Devlins, Canavans, &c.—
That they, with divers other persona, did unlawfully, riotously, and tumultuously assemble together to the disturbing of the public peace, and did commit a riot,decided under the Towns Improvement Acts, and sentenced the Catholics to a month's imprisonment or a fine of forty shillings, whilst they inflicted a penalty of only ten shillings on the Protestant party for the very same offence; whether it is a fact that some of the Catholic party paid the fine of forty shillings at once, whilst from the others, who did not then pay, payment of the fine imposed has been since refused to be accepted; whether the magistrates of the Cookstown Bench have, since April last, privately consulted the Law Adviser as to the legality of their proceedings in the case in question; and, if so, if he would state the nature and effect of the opinion of the Law Adviser; and, whether, in the opinion of the Law Adviser, the magistrates had the legal power to deal summarily with these 913 cases, and to impose the penalty referred to; and, if not, what redress are those who paid the fine imposed to receive?"
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. GIBSON) (for Mr. J. LOWTHER)Sir, my attention has been called by the Question to the case referred to by the hon. Member, which relates to an occurrence when a small party of Protestants and a much larger number of Roman Catholics met, and had an affray, and I believe the magistrates came to the conclusion that the latter were the aggressors. That circumstance will probably account for the difference referred to as being made in the fines respectively imposed on the parties. It is not accurate to say that any of the Roman Catholic party paid the fine imposed of 40s. at once; but, subsequently, three of them paid the fines. The father of another tendered half the fine, which was not accepted, and the others did not pay them at all. All the Protestants convicted paid the fines imposed. The Law Advisor having been consulted, subsequently, by the Constabulary, advised that, having regard to the form of the warrant, and the particular Acts relied on—the Towns Improvement Acts—the convictions could not be upheld. None of the warrants were ever executed, and I believe that all the parties who paid the fines received them back, with the exception of one person, who refused to take it; but he has the right to receive it back whenever he likes.
§ MR. CALLANasked the Chief Secretary for Ireland, Whether it is a fact that, within the last month, a Memorial was presented to the magistrates of the Omagh Bench by the Town Commissioners of Omagh, praying for a more stringent measure of punishment being meted out to all disturbers of the public peace, as being absolutely necessary for the restoration of peace and quiet to town and district; that a Mr. John J. Harvey was charged before the same Omagh Bench of Magistrates with being drunk on the 14th July, when it was given in evidence that Mr. Harvey threatened to draw a revolver and fire upon two parties, who lodged a complaint to that effect with the police, but that, nevertheless, the penalty inflicted was only one shilling and costs; whether the Mr. Harvey in question is assistant clerk to the Grand Jury of the 914 County Tyrone; whether it is a fact that Mr. James Riordan, a solicitor, residing at Omagh, swore on a recent occasion that—
The magistrates of the county of Tyrone, if they only wished, could at once put a stop to all disorderly displays;whether his attention has been drawn to the causes, by which it appears that the population of the County Tyrone in 1871 was 215,000, of whom upwards of 119,000—more than one-half—were Roman Catholics; and whether the number of magistrates in that county is over 125, of whom not even one is a Catholic?
§ THE ATTORNEY GENERAL FOR IRELAND (Mr. GIBSON)I have read the hon. Member's Question carefully, and have come to the conclusion that it would take a considerable period of time and correspondence in order to obtain materials for a complete answer—at least, one week—and I expect that by the end of another week we may be all elsewhere.