§ VISCOUNT FOLKESTONEasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been directed to the Report in the "Times" of 20th July of a case tried 29 on the Munster Circuit by Judge Barry, which contains the following words:—
The jury finally announced that there was no chance of their agreeing. Mr. Justice Barry—Well, I hear that with the deepest sorrow; indeed, I might safely say I hear it more in sorrow than in anger. I am sorry for the sake of the country that I have been so long associated with in various ways; I am sorry for the sake of trial by jury, an institution which I prize a great deal more than any of you on the jury can prize it. Let it be understood that the question which is submitted to you being absolutely conceded, and you being sworn on your oaths on the gospel of God to find a verdict according to the evidence, and that evidence not being impeached, the jury of the county of Cork have under the circumstances refused to agree to a verdict. Gentlemen, I have no option but to discharge you;and, whether he intends to take steps to remedy this state of affairs?
§ MR. HEALYwished to ask, before the Question was answered, Whether the Grand Jury at Sligo Assizes had thrown out the bills against Sub-Constables Donnelly and M'Knight and a process server for murder, against Sub-Constable Hayes for manslaughter, and had found true bills against three peasants for riot; and, whether the right hon. Gentleman intended to take any steps to remedy this state of affairs?
§ MR. W. E. FORSTER, in reply to the hon. Member for Wexford (Mr. Healy), said, it was quite correct that "no bills" were found in the one case, and "true bills" in the other. In reply to the noble Viscount (Viscount Folkestone), there was no reason to doubt that Mr. Justice Barry had used the words attributed to him. But he need not tell the noble Viscount that the Irish Government had no power to control a jury one way or the other.