§ MR. SEXTONasked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is true that Captain Barton, a deputy lieutenant and justice of the peace for the county of Fermanagh, has resorted to violent measures against Mr. Hugh M'Intyre, Poor Law Guardian, of Cliffoney, county Sligo, in consequence of a dispute at law between Captain Barton and Mr. M'Intyre re- 1387 specting rights of fisting in the Bunduff river; whether, on the 16th May last, Captain Barton, accompanied by a police constable, two soldiers, and five other men, went from Captain Barton's to Mr. M'Intyre's side of the river, proceeded to remove a fishing shoal, the property of Mr. M'Intyre, and continued to do so until warned by Mr. M'Intyre that they were violating his legal rights; whether, on the 23rd May, four days after Mr. M'Intyre had served summonses for trespass and damages, Captain Barton, accompanied by two soldiers and five civilians, again proceeded to remove the shoal and damage the fishery; whether, on that occasion, Mr. M'Intyre struck out of the hand of one of the civilians a burning coal, which he was about to apply to a fuse attached to a charge of dynamite, placed close to Mr. M'Intyre's fishing pier, and whether, on being questioned, he admitted he had received the dynamite from Captain Barton; whether, a third time, on the 25th May, five men in Captain Barton's employment, accompanied by Acting-Constable Jackson, again proceeded to remove the shoal, and, on being remonstrated with by Mr. M'Intyre, and warned of the danger of a violent collision between his men and Captain Barton's, whether the acting-constable arrested Mr. M'Intyre, brought him in custody two miles to the Tullaghan Police Station, and kept him there six hours till a magistrate came and ordered his release, declaring there was no charge against him; whether, if the facts be as stated, the Government will explain how soldiers came to be concerned in these proceedings; whether they will inquire into the conduct of Acting-Constable Jackson; and, whether they will invite the Lord Chancellor to consider the propriety of retaining Captain Barton in the commission of the peace?
§ MR. TOTTENHAMBefore the right hon. Gentleman answers that Question I should like to ask him whether this is the same gentleman who has received the greatest opposition to the enforcement of his legal rights from the Land League, and whose boats and nets in connection with this fishery have been destroyed, one of the boats being found out at sea with a large hole in it; and, whether he has been obliged to have military and police protection?
§ MR. TREVELYANI understand that there is a dispute between the principal parties mentioned in this Question as to a right of fishing. Captain Barton claims half the river when low. Mr. M'Intyre claims half the river when in flood, and the whole case will form the subject of a lawsuit in the Superior Courts. With regard to the action of Constable Jackson in arresting Mr. M'Intyre, inquiry had already been made. Mr. M'Intyre had pushed one of Captain Barton's men, and used language calculated to lead to a breach of the peace. He was summoned to Petty Sessions, when the case was dismissed; but the presiding magistrate stated his opinion that the constable had acted quite properly in the whole matter. I find nothing in the case which would call for the interference of the Lord Chancellor. With regard to the presence of the soldiers, there are two soldiers and one policeman forming a protection post at the place for the protection of Captain Barton's men when employed on his fishery. I must say that the sooner the question of right is settled in Court the better.
§ MR. TOTTENHAMWould the right hon. Gentleman answer any portion of my Question?
§ MR. TREVELYANThe answer I gave was that there was a protection post on the spot for the protection of Captain Barton's men.
§ MR. SEXTONI wish to know whether the magistrate was the same who was reprimanded by the last Administration?
§ [No reply was given to the Question.]