§ MR. SEXTONasked the Chief Secretary to the Lord Lieutenant of Ireland, 1487 If his attention has been drawn to a case heard on Friday last, at Ballymore, county Westmeath, in which Lieut.-Col. W. B. Digby, J.P. appeared in answer to a charge of having made a false affidavit, with intent to substantiate a false claim, in order to obtain a sum of money, under the provisions of the Arrears Act, from the Irish Land Commission; whether, upon the evidence produced by the Crown for the prosecution, the resident magistrate, Mr. John T. Dillon, held that the case should be sent on for trial, but was overruled by the other two justices present, who refused the informations and dismissed the case, though it was not alleged on behalf of the accused that his affidavit was true; whether the Irish Law Officers agree with the resident magistrate that the question of the intention to defraud, is a question, not for the justices, but for a jury; whether any further steps will be taken towards bringing the case to trial; and, whether Lieut.-Col. Digby will continue to act in the Commission of the Peace?
§ MR. GIBSONBefore the right hon. Gentleman answers that Question, I would like to ask him, if he is aware that Colonel Digby, immediately after discovering the mistake, himself countermanded the application for money, and waited on the Controller of the Arrears Department of the Land Commission, and fully explained the entire circumstances?
§ MR. SEXTONUpon that Question of the right hon. and learned Gentleman I would ask, further, if Colonel Digby allowed five months to elapse before he took any steps to retire from the fraudulent position?
§ MR. TREVELYANI am informed, Sir, that it is the case that Colonel Digby appeared to answer such a charge, and that the Resident Magistrate differed from the ruling of the other magistrates, by whom the case was dismissed. The Crown Solicitor is furnishing a Report to the Law Officers, who will consider the case.
§ MR. GIBSONI would like the right hon. Gentleman to answer my Question.
§ MR. TREVELYANIt is perfectly impossible for mo to answer Questions put, that way without Notice.
§ MR. GIBSONHas the right hon. Gentleman read the Question which di- 1488 rected attention to the facts without making himself acquainted with the circumstances to which I refer?
§ MR. TREVELYANThe right hon. and learned Gentleman may ask that Question, and think that it establishes a point against me; but he must know that a reference by the Chief Secretary to the Law Officers at their own requisition would preclude the Chief Secretary from asking any more questions until he had got that Report.
§ MR. SEXTONImmediately on the re-assembling of the House after Easter I shall ask the effect of the Report of the Crown Solicitor, and what steps the Government intend to take to punish the fraud?