HC Deb 19 May 1881 vol 261 cc817-9
MR. T. D. SULLIVAN

asked Mr. Attorney General for Ireland, If it is a fact that a man named Clarke was, on Thursday May 12th, arrested without warrant at Mullingar on a chare of carrying an alleged illegal placard; if four magistrates at once, without having given the man any chance or opportunity of finding bail to answer the charge at petty sessions, proceeded to pass sentence on him for the alleged offence, such sentence being that he should undergo a month's imprisonment unless he found bail for good behaviour during six months; if it was only on the protest of the prisoner's solicitor, Mr. Downes, that the magistrates ultimately consented to remand the charge to petty sessions; if the magistrates had power, under the circumstances, to adjudicate as they proposed, out of sessions; and, if they had not, will he take steps to insure that justice shall be done in similar cases in which prisoners may not be able to procure for themselves the protection of a legal defence?

THE ATTORNEY GENERAL FOR IRELAND (Mr. Law)

Sir, I have inquired into this occurrence. On a market day in Mullingar, Clarke was carrying about and exhibiting a placard of an inflammatory character. The constabulary on duty requested him to desist, and on his refusal took him before the resident magistrate and three other magistrates who happened to be in town. They heard the charge at the police barrack, heard what Clarke had to say about it, and then told him he must find sureties for good behaviour, or in default be committed to gaol for one month. Clarke said he would provide the sureties required; but just then a solicitor, Mr. Downes, with another gentleman, came up, and on being informed what had taken place, protested against the case being heard out of petty sessions. The magistrates, though not bound so to do, yielded to Mr. Downes's objection, and accordingly took bail for Clarke's appearance at the next petty sessions, on the 21st instant, to answer the charge. As to the legal part of the Question, I have to state that the magistrates had jurisdiction to deal with the case out of petty sessions as they proposed to do.

MR. PARNELL

asked if the magistrates had power to sentence a man to a month's imprisonment in such a case?

THE ATTORNEY GENERAL FOR IRELAND (Mr. Law)

Yes, Sir, in the default of finding sureties for good behaviour.

MR. T. D. SULLIVAN

asked if the placard could be correctly described as inflammatory? It was as follows:— Landlordism on its last legs. A sale will take place at the courthouse, Mullingar, on May 13, at 12 o'clock. Men of Westmeath, assemble in your thousands at the above sale, for the purpose of beholding the last struggle of landlordism against democracy. A contingency of the Land League branch of Westmeath will attend. God save Ireland!

MR. A. M. SULLIVAN

asked if they were to understand that it was owing to the accident by which a solicitor was present that the man was not sent to gaol?

THE ATTORNEY GENERAL FOR IRELAND (Mr. Law)

Sir, the man, as I understand the case, was not about to be sent to gaol at all, for he was ready to provide the sureties required. The proceedings were had under the Common Law jurisdiction of Justices of the Peace. In answer to the hon. Member for Westmeath, I have to say that do consider the placard in question an inflammatory one. It encouraged, and was meant to encourage, disorder, and the interference of the magistrates was, in my opinion, quite justifiable.

MR. A. M. SULLIVAN

wondered if it was within the knowledge of the right hon. Gentleman that placards were issued by the Nonconformists inviting people to witness the seizure of ministers' money in Ireland?

MR. T. D. SULLIVAN

remarked, that the Attorney General had forgotten to answer whether the man was given the option of bail awaiting trial, and whether the course was legal.

THE ATTORNEY GENERAL FOR IRELAND (Mr. Law)

Such a course was perfectly legal.

MR. H. H. FOWLER

asked if they were to understand that by the law of Ireland a man would be sent to prison for a month for carrying a placard. like the one in question?

THE ATTORNEY GENERAL FOR IRELAND (Mr. LAW)

For any breach of good behaviour a man may be sent to prison in England and in Ireland alike, if he does not give the security required for his future good behaviour.

MR. H. H. FOWLER

Not in England.