§ MR. SEXTONasked Mr. Solicitor General for Ireland, If he has examined the circumstances of a case heard on the 1st of January, before the Recorder of Dublin, in which the Guardians of the Poor of the North Dublin Union prosecuted (under 24 and 25 Vic., c. 100, s. 56) a woman named Catherine Collins for the abduction of a pauper child from the custody of the Guardians; whether the indictments were duly drawn, pursuant to the section quoted, for (1) abducting the child, and (2) taking away the clothing of the child, the property of the Guardians; whether the local bench of magistrates, after hearing the evidence, had duly returned Catherine Collins for trial; whether, after this, the Attorney General, through Mr. George Bolton, Crown Solicitor, announced that he took no part in the prosecution; whether the Recorder directed the grand jury, if they were of opinion that the woman was the mother of the child, to find "no bill;" whether the grand jury found true bills on both indictments; whether the Recorder was entitled to give such a direction to a grand jury; whether the Recorder then directed the petty jury that "if they had any reasonable doubt as to the maternity they must acquit the prisoner;" whether the following occurred:—
The Recorder said he took upon himself the responsibility of directing the jury to make the verdict 'not guilty.' The foreman, when the issue paper was handed to him, said—'Some of the jurors were not satisfied, and desired him not to sign "not guilty."' The Recorder—Are you the foreman? The foreman—Yes. The Recorder—Then sign the paper, Sir, immediately. The paper was accordingly signed. Some of the jurors were understood from their manner to he objecting;whether, in compelling the jury to acquit the prisoner, the Recorder exceeded his Constitutional function; and, what steps, if any, will be taken in reference to the case?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)admitted the accuracy of the facts set forth in the Question. The Guardians' resolutions, he added, had directed the arrest of the woman Collins. The Attorney General for Ireland was not consulted as to the ease. It was not usual to interfere with 1016 private prosecutions, especially when conducted by a competent public body; and, under the circumstances, the Crown Solicitor referred to had no instructions to prosecute. If the Recorder was of opinion that the circumstances did not warrant conviction, he was exercising his Constitutional right in directing an acquittal. He was bound to say that, as a matter of law, a mother could not be indicted under the Act for kidnapping her own child; and, therefore, no steps would be taken.
§ MR. SEXTONI wish to ask the right hon. Gentleman, whether the Recorder acted Constitutionally in directing the Grand Jury to govern their consideration of the indictment by a matter of defence which was not, and could not be, before him; and whether, as the Recorder's direction to the petty jury was on a question of fact, the Recorder did not act unconstitutionally in suppressing the Constitutional function of a petty jury to decide all questions of fact for themselves?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)replied, that, so far as he saw from the report before him, the Recorder acted after the usual practice. In the first place, he gave directions to the Grand Jury in reference to the finding of a bill; and, in the next place, he gave protection to the prisoner, who should not, in his opinion, be convicted.