HC Deb 12 February 1884 vol 284 cc668-71
MR. BRODRICK

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it is the case, as re- ported in the local newspapers, that at the Petty Sessions at Enniskillen, on Monday, 28th January, Captain M'Ternan, resident magistrate of the district, used the following expressions from the Bench:— I think it worse to curse the Tope than to curse the Queen. It is provocative of a breach of the Peace, and loads to a disorderly condition of the town; whether he was publicly called to order by the other magistrates sitting with him for such an expression of opinion; and, whether this is the same magistrate who reported upon the proceedings at Rosslea, for which Lord Rossmore was dismissed from the Commission of the Peace?

MR. HEALY

Before the Question is answered, I would like to ask whether it is not a fact that the Resident Magistrate referred to is the only Catholic magistrate in Enniskillen, and that, since the Rossmore incident, he has been publicly insulted and "Boycotted" by the unpaid magistrates of the district?

MR. TREVELYAN

In reply to the first Question, I have to say that Captain M'Ternan has sent me a Report of what occurred, taken from one of the newspapers, which he says is correct. There had been a riot in Enniskillen, and a man named Rankin had been charged before a Bench of eight magistrates, the Rev. Mr. Frith being in the chair, with being drunk and disorderly, and using Party expressions. Constable Quinn states that the defendant was drunk and disorderly, and witness heard him cursing the Pope. I will read a sentence or two further—it is not very pleasant reading—but it is necessary, in order to do justice to Captain M'Ternan— The witness was cross-examined by the counsel for the defendant—Were there other people cursed besides the Pope? I heard a lot cursed besides. Did you hear the Queen cursed? I did not. If you had heard any person cursing the Queen would you have arrested him? I would. Now, this is the first expression that came from the Bench— Captain Collum observed that there was a great difference between the Queen and the Pope. Then the chairman said, "There is a great difference," and Captain M'Ternan stated that— Cursing the Pope, the Queen, King William, or anybody else, should be put down with a firm hand; an observation which, having regard to the circumstances under investigation, was perfectly justified.

MR. BRODRICK

Might I ask the right hon. Gentleman whether he can state to the House why the Resident Magistrate did not explain the language attributed to him in my Question; and, whether he is aware that a large body of witnesses, including the other magistrates, have deposed to the words in question? I would also ask the right hon. Gentleman to say whether this is the magistrate upon whose Report Lord Rossmore was suspended?

MR. TREVELYAN

The observations of the Bench are set forth in the newspaper report which the Resident Magistrate sent me, and which he is willing to abide by. There was a great deal of unseemly conduct on the part of the magistrate; but it was not of a sufficiently serious character to bring it before the Lord Chancellor. I cannot say that I think Captain M'Ternan's language calls for any notice.

MR. HEALY

I would ask the Chief Secretary whether he has received any Report from Captain M'Ternan as to the conduct of the unpaid magistrates in connection with the riots at Enniskillen; whether Captain M'Ternan reported to the Castle that, in the case of every Orangeman who was proved by the police to have broken the windows of Catholics, the majority of the magistrates dismissed the summons, while in the case of every Catholic a conviction was recorded upon the same evidence; and if he can state whether he proposes to take any steps with regard to these unpaid magistrates?

MR. TREVELYAN

Perhaps the hon. Gentleman would give Notice of that Question.

MR. BRODRICK

Would the right hon. Gentleman answer my Question?

MR. TREVELYAN

Undoubtedly, Captain M'Ternan is the magistrate who reported upon the proceedings at Rosslea; and I may say that he likewise is the magistrate whose great courage and discretion were the means of bringing to justice the first person who suffered capital punishment during the late agitation in Ireland, and he suffered very severely in the South of Ireland from the treatment of the neighbours of this man.

COLONEL KING-HARMAN

What paper does the right hon. Gentleman quote from?

MR. TREVELYAN

From The Fermanagh Reporter.