HC Deb 07 April 1884 vol 286 cc1806-8
VISCOUNT CRICHTON

asked the Chief Secretary to the Lord Lieutenant of Ireland, If, in the late trial of Frith v. Trimble, at the Londonderry Assizes, Captain M'Ternan, R.M., of Ennis-killen, directly charged the Rev. Mr. Frith, plaintiff in the action, with acting corruptly in his capacity of Chairman of the Enniskillen Bench of Magistrates; whether he is aware that the presiding judge, in his charge to the jury, is reported to have commented on Captain M'Ternan's evidence in the following terms:— Captain M'Ternan appeared to be of a rather sweeping tendency, and everybody who came before him he seemed inclined to send to gaol for a month. It was possible that the other magistrates differed with him, and fairly and reasonably differed with him. He (Captain M'Ternan) had thought fit to present himself before them, and, not content with saying 'I differed with this gentleman,' he took upon, himself to say he believed Mr. Frith, on that occasion, acted corruptly, and went further to say that his conduct was a pollution of the justice seat. He did not intend to say anything more about this, except that he was never more surprised, never more grieved, than when he heard one magistrate say such a thing towards another; whether Captain M'Ternan also charged three other magistrates, who were on the Bench with Mr. Frith and himself on the occasion, with partiality, ignorance, or corruption; whether, after the verdict was given, the judge acceded to an application on behalf of the plaintiff to stay execution, with a view to a new trial, on the ground that the verdict was contrary to the evidence; and, if, pending the final decision of the case, he will make such arrangements that these four gentlemen shall not be obliged to sit on the Bench with a Government official who lias directly charged them with ignorance, partiality, and corruption?

MR. SEXTON

Upon this Question, I beg to ask, Whether it is not the fact that Captain M'Ternan was subpoenaed to attend the trial by Rev. Mr. Frith himself, and that it was in reply to questions from him that he spoke; whether the presiding Judge was not the same Judge who, in a remarkable trial in Dublin in 1880, expressed himself in such a manner upon a case pending that he had to retire from the Bench?

MR. TREVELYAN

Sir, I am not sure whether Captain M'Ternan was subpoenaed on behalf of the Rev. Mr. Frith. He was examined as a witness, and gave evidence as to partiality of the Enniskillen Bench of Magistrates; but the charge referred to in the preliminary part of this Question occurred in reply to questions which he was compelled to answer on cross-examination by plaintiff's counsel, and for protection against which he earnestly and frequently, and, I may say, pathetically, appealed to the Court. The Lord Chief Justice is represented by the newspaper reports to have stated what the Question embraces; but it is not for me to say whether that language was rightly or wrongly used. As to the other three magistrates, it would appear, from the newspaper reports, that Captain M'Ternan, having the words put into his mouth by the Rev. Mr. Frith's counsel, stated that, in his opinion, they acted from ignorance rather than corruption. Strong as are the opinions expressed by Captain M'Ternan, if he honestly entertained them on sufficient grounds, he, as a witness, was bound to state them. I have already stated that this case being sub judice, I will reserve my action about it, and the Government will make no such arrangement as is referred to in the Question. Should any embarrassment arise in the administration of the law, the Government will be prepared to take effectual steps to remove it.

MR. SEXTON

said, that the right hon. Gentleman had not answered his Question as to whether the presiding Judge had not, on a previous occasion, to retire from the Bench because of unjudicial language?

MR. T. P. O'CONNOR

Are the newspaper reports correct in stating that Lord Chief Justice May wept in the course of his charge to the jury?

MR. TREVELYAN

I hardly know whether I am bound to answer these Questions, seeing that they are presumably asked for a notorious purpose.