HC Deb 27 June 1884 vol 289 cc1551-2
MR. SMALL

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether his attention has been drawn to the fact that, at the Enniskillen Quarter Sessions just held, the decision of the county court judge on a question of law, in a case in which a Catholic clergyman was concerned, was overruled by the other magistrates, all of whom were Protestants, and none of whom were persons acquainted with law; whether the Rev. John B. Frith, recently a plaintiff in an action for libel, and who has been declared by the verdict of a Derry jury to have acted corruptly in several cases, was one of the said other magistrates; whether it is the intention of the Government to introduce a measure to prevent non-legal magistrates interfering with the decision of questions which are merely ones of law, or whether they will accept such a provision if brought forward as an Amendment to the County Courts Bill now before the House; and, whether the Lord Chancellor has yet taken any steps to appoint Catholic magistrates for the county Fermanagh, in which there has not been a single one except the resident magistrate, who is now stationed in another county?

VISCOUNT CRICHTON

Sir, in reference to the last paragraph of the Question, I would ask the right hon. Gentleman whether he is aware that the Lord Lieutenant of the county of Fermanagh recommended a Roman Catholic magistrate in the same Petty Sessions district in which a Roman Catholic clergyman was convicted for assaulting the police; and if it is not a fact that of the four magistrates who presided on the occasion two were stipendiaries?

MR. HEALY

I would ask the right hon. Gentleman whether, if it is the case that Lord Erne did recommend a Catholic magistrate, it was a fact that that was the first instance in 40 years that a noble Lord did so?

MR. TREVELYAN

I will answer the Question on the Paper, on which I have official information. The only information I have as to the alleged fact mentioned in the first paragraph of the Question is contained in the newspaper reports, from which it appears that the County Court Judge simply announced the conclusion come to by the Court, of which he was a member, and declined to express an individual opinion. I understand that the Rev. Mr. Frith, who was in Court during the hearing of a part of the case, left before it was decided. It is not the intention of the Government to introduce any measure such as is suggested in the third paragraph of the Question. With regard to proposed appointments to the magistracy of the county of Fermanagh, the names of four Roman Catholic gentlemen have been brought under the notice of the Lord Chancellor, and the consideration of these cases stands over, pending the necessary inquiries which the Lord Chancellor feels it his duty to make. The hon. Member is in error in supposing that the Roman Catholic Resident Magistrate stationed in the county has been removed.

MR. HEALY

The right hon. Gentleman has given us interesting information regarding the Lord Chancellor's work. I would ask if those inquiries are principally pursued by policemen?

MR. TREVELYAN

Oh, no, Sir. The Lord Chancellor takes great care to inform himself to his own satisfaction as to the position and antecedents, and, as far as he can, the personal character of the gentlemen reconsidered. The inquiries were extremely difficult to make, and that was the reason the appointment was made so slowly.

MR. HEALY

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether the Lord Chancellor has come to any decision on the conduct of the Rev. John Frith, J.P. Enniskillen?

MR. TREVELYAN

The Lord Chancellor informs me that he has not thought it right to enter as yet upon the consideration of this case, which is still sub judice, the Common Pleas Division having only given its decision a week since, and Mr. Frith's time for appealing against the Order made not having expired.