HC Deb 23 March 1882 vol 267 cc1650-1
MR. ARTHUR O'CONNOR

asked the Attorney General for Ireland, Whether his attention has been drawn to a report, in the "Leinster Express" newspaper of the 18th instant, of the trial, before Mr. Justice Fitzgerald, and acquittal of one Peter Dunne, on a charge of manslaughter, which report concludes as follows:— The jury retired, and after a very brief absence, returned to their box, and handed in a verdict of 'Not guilty.' The verdict was received with great applause in court? His Lordship—In consequence of that display I will order the prisoner to be kept in custody to-night. If there is any such conduct in this court again, I will keep all the prisoners in custody until the close of the Assizes; whether the report in question is correct; and, whether Mr. Justice Fitzgerald acted within his right in detaining in custody, for an offence committed by others, a man already declared to be innocent of the offence charged against him?

THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)

Sir, I have seen different reports of this case in The Irish Times and Daily Express; and I am, therefore, not prepared to admit the accuracy of the report as stated in the Question. I must entirely disclaim any right on the part of an Attorney General to review, in reply to a Question, the judicial action of a Judge; but at the same time I may, perhaps, be permitted to add that there is every reason to conclude that in what actually took place the learned Judge acted quite legally.

MR. SEXTON

asked whether, as an act of law, a Judge was entitled to punish a prisoner for a demonstration in Court?

THE ATTORNEY GENERAL FOR, IRELAND (Mr. W. M. JOHNSON)

said, the Question was based upon an incorrect assumption. The Judge did not punish an acquitted person. An acquitted person was detained until the Judge ordered his discharge. It was not certain whether another charge might be against him, or that his release would cause a breach of the peace, against all of which it was the duty of the Judge to guard.

MR. ARTHUR O'CONNOR

asked whether a Judge had any right to detain an acquitted person for either one or two days?

THE ATTORNEY GENERAL FOR IRELAND (Mr. W. M. JOHNSON)

repeated that he was not prepared to abide by the accuracy of the report referred to.