HC Deb 30 March 1883 vol 277 cc1114-6
MR. PARNELL

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether he is aware that an election of a Poor Lay Guardian for the Castleventry division of Clonakilty Union, county Cork, was lately pending; if he has heard that a Mr. Hungerford, son of Mr. Henry Hungerford, J. P., was nominated for the vacancy; whether his attention has been drawn to the fact that a few days previous to the election Mr. Henry Hungerford sent a letter by his coachman to Mr. J. Hurley, one of his tenants in the electoral division, as follows:—"I ask you to vote for my son. Unless you act as a friend should, I shall know how to act against an enemy;" and if, as this letter has been given into the hands of the local police authorities, he will state what action the Government propose taking in reference to the matter?

MR. TREVELYAN

Sir, I have boon made aware of the circumstances mentioned in the Question. The matter was submitted by the Constabulary for instructions to the Lord Lieutenant, who was advised by his Legal Advisers that the case was not one in which they should undertake to prosecute, but that if Mr. Hurley, or any other person, thinks proper so to do, it is open to him to proceed against Mr. Hungerford before the magistrates. The letter, or rather the postcript of it, which is quoted in the Question is perfectly scandalous, especially as written by a magistrate; but it does not directly threaten the peace of the country, to preserve which the Prevention of Crimes Act was passed. The conduct of Mr. Hungerford, however, was so improper that I have brought the matter before the Lord Chancellor. I have written to him to-day, and expect a reply by Monday.

MR. PARNELL

Under what Act can the tenant prosecute Mr. Hungerford before the magistrates?

MR. TREVELYAN

I do not wish to seem ironical. I referred to the Prevention of Crimes Act; and, therefore, there might be some irony in asking the tenant to prosecute under an act within which the case does not lie.

MR. PARNELL

Am I to understand it is the opinion of the Irish Law Officers that this case does not come under the section of the Prevention of Crimes Act which constitutes intimidation (any act putting any person in fear of injury)?

MR. TREVELYAN

Yes, Sir; that is the view of the Law Officers.